Senate committee substitute to the 1st edition makes the following changes. 

Part I.

Eliminates the previous content of Part I. and replaces it with the following. Enacts GS 17C-14 and GS 17E-14 to direct NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs' Education and Training Standards Commission (hereinafter the Commissions) to develop and maintain a statewide database accessible to the public on their respective websites that contains all revocations and suspensions of law enforcement officer certifications by the respective Commission. Effective October 1, 2021. 

Part II.

Deletes the content of proposed GS 143B-972.1 and replaces it with the following. Requires the State Bureau of Investigation (SBI) to provide the Commissions the criminal history of any applicant for certification or any person certified as a criminal justice officer or justice officer, or any other position that requires certification by the Commission. Requires each employing agency to provide the fingerprints of certified officers and other identifying information as necessary. Establishes procedures for the criminal history checks and requires removal of an individual's fingerprints upon withdrawal of an application or upon separation from employment. Requires the SBI to enroll each individual whose fingerprints are received under this section in the Federal Bureau of Investigation's Next Generation Identification (NGI) System and Criminal Justice Record of Arrest and Prosecution Background (Rap Back) Service. Also requires the SBI to notify the certifying Commission of any subsequent arrest of an individual identified through the Rap Back Service. Provides for confidentiality of information obtained pursuant to this statute. 

Requires all personnel certified by either Commission to have their fingerprints electronically submitted to the SBI for a criminal history check by June 30, 2023.

Effective January 1, 2023. 

Part III.

Deletes the previous content of Part III. and replaces it with the following. 

Enacts GS 17C-15 and GS 17E-15 to require the Criminal Justice Standards Division of the Department of Justice (Division) to develop and maintain a statewide database for use by law enforcement agencies that tracks all critical incident data of law enforcement officers in the state. Requires all law enforcement agencies in the state that employ personnel certified by the respective Commission to provide information requested by the Division to maintain the database. Makes information that is confidential under State or federal law remain confidential. Gives the officer reported as being involved in a critical incident to request a contested case hearing regarding the determination prior to the incident being placed in the database. Amends GS 17C-2 and GS 17E-2 to add and define critical incident as an incident involving any use of force by a law enforcement officer resulting in death or serious bodily injury to a person.

Effective October 1, 2021.

Part IV.

Deletes the content of previous Part IV. and replaces it with the following.

Enacts GS 17C-16, concerning persons certified by the NC Criminal Justice Education and Training Standards Commission, and GS 17E-16, concerning persons certified by the NC Sheriffs' Education and Training Standards Commission. Requires the certified individual, or any individual who has received a conditional offer of employment, who has been notified that the individual will not be called to testify at trial based on bias, interest, or lack of credibility to report to and provide a copy of the notification to the Criminal Justice Standards Division (under GS 17C-16) or the Justice Officers' Standards Division (under GS 17E-16), as appropriate, within 30 days of receiving the notification. Limits the reporting requirement to notifications: (1) in writing by a superior court judge, district court judge, federal judge, district attorney, assistant district attorney, US attorney, assistant US attorney, or the individual's agency head or (2) in open court by a superior court judge, district court judge, or federal judge, and documented in a written order. Provides for required content of the report. Also requires notification of the individual's agency head within the same time period, who then must report the notification to the named Division, as appropriate, within 30 days of the agency head's receipt of the individual's report. Requires the identified judicial officials and state and federal prosecutors who notify an individual that they may not be called to testify at trial as provided to report the notification to the named Division, as appropriate, and provide a copy of the written document or order within 30 days of notifying the individual. Requires the individual to provide the appropriate Division a copy of a document subsequently informing the individual that the notification has been rescinded. 

Directs each named Division to provide a written notification to both the head of an agency to which a certification of any person required to report following the specified notification is transferred and the elected district attorney in the prosecutorial district where the agency is located of the previous notification. Provides for the Division to notify every elected district attorney statewide if the new agency is a State agency. Makes these provisions not applicable if a notification is subsequently rescinded in writing. 

Directs each Commission to annually report to the specified NCGA committee regarding the number of individuals for whom their respective Division received a report required of individuals by the respective statute during the previous year, with specified information for each case, excluding identifying information. 

Deems the reports and notifications received under each statute not public record. Provides for a person who has received notification that may meet the reporting requirement to apply for a judicial determination, with judicial review limited as specified, with one 15-day extension added to the reporting requirement if the respective Division is noticed of the hearing. 

Applies to notifications received prior to, on, or after October 1, 2021, by persons required to report under the act. 

Part V. 

Now requires the Commissions to jointly develop uniform, statewide minimum standards for law enforcement officers and justice officers (was, only law enforcement officers) and adopt these standards as rules. Requires each Commission to report on the standards to the specified NCGA committee by December 31, 2021 (was, October 1, 2021). Allows each commission to adopt temporary rules and requires adopting permanent rules to comply with this act by December 31, 2022 (was October 1, 2022).

Part VII.

Deletes the proposed changes to GS 17C-6 (North Carolina Criminal Justice Education and Training Standards Commission) and GS 17E-4 (North Carolina Sheriffs' Education and Training Standards Commission), and instead amends the statutes to expand upon the Commissions' duties to establish minimum educational and training standards for criminal justice officers and justice officers as follows. Now requires standards for entry level employment as a criminal justice officer or justice officer to include education and training to develop knowledge and increase awareness of effective mental health and wellness strategies, and requires standards for in-service training to include training to develop knowledge and increase awareness of effective mental health and wellness strategies, with two hours of training required on this issue every three years.

In developing the standards, encourages the Commissions to adopt standards that provide training conducted by mental health professionals and through face-to-face instruction.

Amends GS 17C-10, concerning the NC Criminal Justice Education and Training Standards Commission and criminal justice officers, and GS 17E-7, concerning the NC Sheriff's Education and Training Standards Commission and justice officers, to require both Commissions to include the administration of a psychological screening exam, including an in-person interview conducted by a licensed psychologist, prior to certification or employment to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of a criminal justice or justice officer, respectively. 

Requires the Commissions to implement the above requirements by January 1, 2022. Makes the above provisions of this Part effective January 1, 2022.

Requires both Commissions to regularly provide information on any statewide mental health resources specifically available to criminal justice officers or justice officers to all criminal justice agencies or departments in the state that employ officers certified by either Commission. 

Requires all criminal justice agencies or departments in the state that employ certified criminal justice officers or certified justice officers to coordinate with the appropriate LME/MCO or prepaid health plan to make information on State and local mental health resources and programs easily available to all employees and develop policies to encourage employees to utilize the resources available. 

Requires the Commissions to jointly study the benefits of requiring physical fitness testing throughout a law enforcement officer's career and whether that testing, if required, should be incrementally adjusted for age. Requires a report on their findings to the specified NCGA committee by March 31, 2022.

Part VIII.

Deletes the previous content of Part VIII. and replaces it with the following. Enacts GS 17A-10 to require every State agency that employs personnel certified by either Commission to develop and implement an early warning system to document and track the actions and behaviors of law enforcement officers, as defined, for intervention and performance improvement purposes. Requires inclusion of instances of the discharge of a firearm, instances of use of force, vehicle collisions, and citizen complaints. Deems information confidential. Effective December 1, 2021.

Part IX.

Makes technical changes to the directive requiring the Commissions to jointly develop a best practices guide to help law enforcement agencies recruit and retain a diverse workforce. Now requires a report to the specified NCGA committee by April 1, 2022 (was, March 1, 2022).

Part X.

Revises proposed GS 143B-919(b1) to require the SBI, when requested by the Governor, or a sheriff, chief of police, head of a State law enforcement agency, district attorney, or the Commissioner of Prisons (was, upon the request of the Governor only), to investigate and prepare evidence in the event of: (1) a sworn law enforcement officer with the power to arrest using force against an individual in the performance of the officer's duties that results in the death of, or serious bodily injury to, the individual; or (2) an individual in the custody of DPS, a State prison, a county jail, or a local confinement facility, regardless of the individual's physical location, dies or suffers serious bodily injury. No longer includes the event of a sworn law enforcement officer with the power to arrest discharging the officer's firearm in the performance of the officer's duties, excluding during training exercises. Defines the term serious bodily injury. 

Part XI.

Deletes the proposed changes to GS 17C-6, and GS 17E-4, as amended above, and instead amends the Commission's duties to establish minimum standards for in-service training for sworn law enforcement officers (previously not specified), to require the inclusion of training on: ethics, mental health for justice officers, community policing, minority sensitivity, use of force, and the duty to intervene and report. Makes conforming changes. Effective January 1, 2022.

Part XII.

Provides that the proposed changes to GS 150B-1 are effective on the date the act becomes law.

Part XV.

Deletes the proposed changes to GS 14-288.2 and replaces them with the following. Makes it a Class G felony for a person to riot and cause property damage in excess of $1,500 in the course of the riot (was, a Class H felony and did not specifically require the person to cause the property damage). Makes it a Class F felony for a person to riot and cause serious bodily injury to another or if the person brandishes a dangerous weapon or uses a dangerous substance in the course of the riot (was, a Class H felony, grouped with property damage in excess of $1,500). Defines dangerous substance. Adds a new provision to specify that mere presence alone without advert act is not sufficient to sustain a conviction for rioting offenses under the statute. Applies to offenses committed on or after December 1, 2021.

Part XVI.

Revises the proposed changes to GS 15A-601, to require that first appearance before a district court judge be held within 72 hours (was, 48 hours; current law is 96 hours) after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. Makes conforming changes. Makes first appearances before the clerk of court mirror the 72-hour requirement. 

Adds the following new content to the act.

Part XVII.

Further amends GS 17C-6 and GS 17E-4, adding to the powers and duties of the Commissions the duty to search the National Decertification Index maintained by the International Association of Directors of Law Enforcement Standards and Training using the name of every applicant for certification or applicant for lateral transfer, and any other identifying information necessary, and use any record of conviction uncovered to determine if the applicant has any record that would disqualify the applicant for certification. Effective October 1, 2021.

Part XVIII.

Amends GS 15A-401 (Arrest by Law Enforcement Officers) to add (d1) establishing the duty of law enforcement officers who observes another officer using excessive force to intervene, if safe to do so, to prevent the use of excessive force and to report use of excessive force, even if the officer was unable to intervene, within 72 hours. Effective December 1, 2021, and applies to use of force on or after that date.

Part XIX.

Amends GS 93B-1(3) to remove the Commissions from the nonexhaustive list of State agency licensing boards. Effective December 1, 2021. 

Part XX.

Amends GS 14-208.6, providing for defined terms applicable to Article 27A (Sex Offender and Public Protection Registration Programs). Adds and defines predatory recidivist as a person who has two or more convictions for sexually violent offenses. Revises the definition for sexually violent offense to include a violation of an offense in another state, which if committed in this State, is substantially similar to a sexually violent offense as defined by the statute.

Amends the terminology in the following sections of Article 27A to refer to offenders who are predatory recidivists rather than recidivists: GS 14-208.40; GS 14-208.40A; and GS 14-208.40B.

Amends GS 14-208.43 to now allow an offender meeting the description of GS 14-208.40(a)(1) or (a)(3) who is required to submit to satellite-based monitoring for life to petition for termination or modification of the requirement with the superior court 10 years from the date of initial enrollment in the program under Article 27A or the laws of another jurisdiction (currently only provides for requesting termination of the requirement with the Post Release Supervision and Parole Commission, and does not provide a waiting period). Makes conforming deletions of procedure regarding the previous method of requests to the Commission. Now requires the appropriate district attorney to be given at least three weeks' notice before the hearing. Provides for the petitioner and the district attorney to present evidence at the hearing. Allows for the victim of the underlying offense to appear and be heard at the hearing, as described, and to receive notice if so elected, as specified, with a judge charged with inquiring as to whether the victim is present and wishes to be heard. Provides for the petition to be granted only if the court makes specified findings, including that the petitioner does not have subsequent arrests for offenses against a minor, aggravated offenses, or sexually violent offenses. Defines the court's authority in issuing an order, including continuing the requirement for a specified period. Sets a two year waiting period between petitions following denial. Requires orders granting the petition to be forwarded to the Commission.

Effective August 1, 2021. 

Directs the Division of Adult Correction and Juvenile Justice to provide elected District Attorneys a list of individuals residing in their respective district that is subject to State v. Grady (NC 2019), and charges District Attorneys with either deciding to handle the each case or having the Attorney General handle the case. Provides for a District Attorney to request the Attorney General make a preliminary determination whether the recidivist subject to the Grady case may meet any requirement to enroll in a satellite-based monitoring program other than begin a recidivist and represent the State in any proceedings created in this provision. Requires review by the DA or AG of every class member, and notify any individual and the respective sheriff that may meet any requirement to enroll in a satellite-based monitoring program other than begin a recidivist. Allows for the DA or AG to petition the court for a judicial determination of whether an individual meets the criteria. Effective August 1, 2021, and applies to any individual required to enroll in the satellite-based monitoring program based solely on being a "recidivist" on or after August 16, 2019. 

Changes the act's long title. 

Senate committee substitute to the 1st edition makes the following changes.

Revises the proposed changes to changes to GS 20-305(4)(i), which makes it unlawful for a manufacturer to condition the approval of the sale or transfer of the ownership of a dealership by the sale of the business, stock transfer, or otherwise, or the transfer, sale, succession, or assignment of a dealer's franchise, or a change in the executive management or principal operator of the dealership upon the existing or proposed dealer's willingness to renovate, construct, or relocate the dealership facility, or to enroll in a facility program. Qualifies that this provision does not apply to or affect the validity of an ownership transfer or change in executive management or principal operator of the dealership that occurred prior to July 1, 2021. 

Deletes the proposed changes to GS 20-305(7), which makes it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative of the like, to prevent or refuse to honor the succession to a dealership by a motor vehicle dealer's designated successor. Instead, amends the subdivision's provisions regarding the procedure for a manufacturer or distributor's objection to an owner's appointment of a designated successor to require the manufacturer or dealer to prove that the designated successor does not meet uniformly applied minimum business experience standards in the market area for the proposed day to day principal operator of the dealership (was, generally the uniformly applies minimum business experience standards in the market area). Makes technical changes. 

Deletes the proposed changes to GS 20-305(18) and instead amends the subdivision to make it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative of the like, to prevent or attempt to prevent, through the exercise of any contractual option to purchase (was, first right of refusal or otherwise), a dealer located in the State from transferring the franchised business to such persons or other entities as the dealer is permitted to designate under subdivision (4).

Adds to the proposed changes to GS 20-305(9), making it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative of the like, to require, coerce, or attempt to coerce a new motor vehicle dealer to purchase unnecessary charging stations. Revises the new provisions to GS 20-305(9) as follows. Now makes it unlawful for any manufacturer or distributor to require, coerce, or attempt to coerce any of its franchised dealers in the State to (1) purchase or lease any electric vehicles charging stations at the dealer's expense unless the dealer has indicated to the manufacturer or distributor the dealer's intention to begin offering for sale to the public or providing warranty service on electric vehicles manufactured or distributed by that manufacturer or distributor, or (2) if the dealer is offering for sale to the public or providing warranty service on electric vehicles manufactured or distributed by that manufacturer or distributor, purchase or lease at the dealer's expense either more than the number of electric vehicle charging stations for use by service technicians and customer education than would be reasonably necessary for the dealer to have for these purposes during the following three-year period, or any electric vehicle charging stations for use anywhere other than the dealer's service area. Additionally makes it unlawful for any manufacturer or distributor to require that any of its franchised dealers in the State purchase or lease any diagnostic equipment or tool for the maintenance, servicing, or repair of electric vehicles if the dealer has other such tools available for servicing another brand or line-make of vehicle manufactured or distributed by that manufacturer or distributor, and can perform the work to the applicable required standards of the manufacturer or distributor. Eliminates the proposed new requirement for manufacturers and distributors having franchised dealers in the State that sell or service multiple brands of electric vehicles manufactured or distributed by the same manufacturer or distributor to design, manufacture and distribute diagnostic equipment, tools, and parts that can be used interchangeably with all brands of electric vehicles sold or distributed to their dealers in the State to the extent practicable.

Revises the changes to the definition of motor vehicle set out in GS 20-286, applicable to Article 12, Motor Vehicle Dealers and Manufacturers Licensing Law. Now expands the term to include any motor propelled vehicle, regardless of the size and type of motor or source of power (no longer adding regardless of the mode of operation). 

Further amends GS 20-305(9) to make it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative of the like, to require, coerce, or attempt to coerce any new motor vehicle dealer in the State to purchase off-lease or other pre-owned vehicles (no longer qualifying as either as part of the franchise agreement or as a part of an incentive program).

Deletes the proposed changes to GS 20-305(12) and instead adds the following provisions to the subdivision. Requires that, if a dealer is required by the manufacturer to change the location of the dealership and has not sold its existing dealership facility and real estate within 90 days of listing the property for sale, upon the written request of the dealer, the manufacturer must purchase the dealer's existing dealership facility and real estate at fair market value, entitling the manufacturer or distributor to sole ownership, possession, use and control of any items, buildings, or property included in the purchase contract. Eliminates proposed subdivision (12a), which prohibited requiring or coercing new motor vehicle dealers to make unreasonable substantial alterations to the dealership premises or facilities. Eliminates proposed subdivision (13a) which made it unlawful for manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative of the like, to enter into any release or waiver of rights created under Article 12 with one of its franchised dealers in the state unless the release or waiver complied with six specified criteria.

Amends GS 20-305(30) to extend the provisions making lawful a manufacturer's program that varies the price charged to to its franchised dealers in violation of the subdivision (which prohibits varying prices based on the dealer's purchase of facilities, supplies, etc., relocation, renovation, or participation in training programs), as specified, from June 30, 2022, until June 30, 2024.

Revises and adds to the proposed changes to GS 20-305(14) regarding delaying, refusing, or failing to deliver motor vehicles or parts and accessories in reasonable quantities or as ordered pursuant to the franchise and advertised. For a new motor vehicle dealer in the State who sold a total of 225 (was, 250) or fewer new motor vehicles manufactured or distributed by a particular manufacturer or distributor during the immediately preceding 12 calendar months, require the manufacturer or distributor to allocate and deliver to the dealer within 60 days (was, deliver in a timely manner, monthly) on a model by model or series basis, no fewer than the number of new motor vehicles of each such model or series that dealer sold at retail during the immediately previous calendar month. Specifies that the dealer's right to refuse to accept all or any portion of any allocation of vehicles made available pursuant to the new requirement is qualified to the extent that accepting additional inventory would cause the dealer to exceed the dealer's floor plan allowance. Adds an additional requirement for manufacturers, factory branches, distributors, and distributor branches to provide to each of its franchised dealers a process that allows the dealer to appeal the dealer's vehicle allocation that includes both manufacturer representatives and dealer representatives. 

Modifies the proposed changes to GS 20-305(33), which make it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative of the like, to fail to reimburse a dealer located in the State in full for the actual cost of providing a loaner or rental vehicle to any customer who is having a vehicle serviced at the dealership if required by the manufacturer. No longer expands the provisions to include situations where the manufacturer has represented or indicated to the customer that a loaner or rental vehicle will be provided or that the customer is entitled to such. Regarding the new prohibitions, makes it unlawful for a manufacturer to fail to reimburse the dealer in full as provided by the subdivision in the event all or some of the time the dealer has provided the loaner or rental is due to the unavailability of one or more parts sold or distributed by the manufacturer or through a supplier designated or approved by the manufacturer (previously due to the unavailability of one or more parts).

Revises the new provisions of GS 20-305(50) which prohibits requiring, coercing, or attempting to coerce the relocation of certain new motor vehicle dealerships. Provides that if a manufacturer, factory branch, distributor, or distributor branch offers incentives or other payments under a program that are in any part conditioned on a dealer's construction of a new facility, made facility improvements, or installed signs or other image elements required or approved by the manufacturer that were completed at a cost of more than $250,000 within the preceding 10 years to be deemed to be in compliance with any applicable facility requirements included in the manufacturer's program, and the dealer is entitled to receive all such incentives or other payments awarded under the program (was, deemed to be in compliance with the manufacturer's new or successor program requirements and entitled to receive all incentive or other payments awardable under the new or successor program). Adds the following. Provides that if during the 10-year period the manufacturer revises or discontinues an existing program, standard, or policy or establishes a new one relating to construction or substantial alteration of a dealership, a motor vehicle dealer that completed construction or alteration of a dealership at a cost of $250,000 or more as part of a prior program and elects not to participate in the new or revised program, deems the dealer not entitled to the facility bonus incentive portion of the new or revised program, but entitled to all facility benefits under the prior program. Requires payment or provision of benefits under the prior program for the ten-year term as the program existed when the dealer began to perform under the prior program.

Revises the proposed changes to the information each motor vehicle manufacturer, factory branch, distributor or distributor branch must specify in writing to each of its licensed motor vehicle dealers pursuant to GS 20-305.1 to no longer include the dealer's goodwill repairs. Adds to the items to be included in the accompanying schedule of compensation to include reasonable compensation for shipping, if required by the manufacturer or distributor, and for or other disposal charges and all other associated fees that were actually incurred by the dealer (was, battery disposal or other disposal charges and shipping and all other associated fees). Changes the requirements for rebutting the presumption of customary parts markup and labor rates by using rates charges by all other franchise motor vehicle dealers located in the dealer's city to town offering the same line-make vehicles, or if none exist, other same segment franchised dealers who are selling competing line-makers of vehicles within the dealer's city or town, to now refer to the dealer's relevant market area instead (previously referred to the dealer's market). Eliminates the changes regarding the manufacturer's authority to not provide compensation or chargeback when the dealer has failed to comply with the same claim documentation procedure in the previous 12 months and the manufacturer provided a written warning to the dealer in the same period. 

Revises the expansion of the definition of motor vehicle dealer under GS 20-286, applicable to Article 12, to include a person who for commission, money or value leases at retail (previously leases) or offers for subscription five or more motor vehicles within any 12 consecutive months, or (2) engages in the business of leasing at retail (was, leasing) or offering for subscription new motor vehicles or new or used motor vehicles, or used motor vehicles only (whether or not owned by the person) and sells five or more motor vehicles within any 12 consecutive months. 

Revises the new provisions of GS 20-305(20) regarding the confidentiality of business, financial, or personal information of new motor vehicle dealers. Now prohibits a manufacturer from requiring, or including in any incentive program, a requirement that any of its motor vehicle dealers in the State provide a financial statement for a franchise or line-make when the dealer company operates more than one franchise or sells more than one line-make (was, provide a financial statement more than once per calendar quarter, or an exclusive financial statement for a franchise when the dealer company operates more than one franchise). 

Senate committee substitute amends the 2nd edition as follows. 

Further modifies GS 126-23, which provides directives for State personnel recordkeeping by each department, agency, institution, commission and bureau of the State. Adds a provision specifying that the statute should not be construed to authorize the disclosure of any confidential information protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Americans with Disabilities Act of 1990 (ADA), or other applicable law. Provides that if the reason for an employee's promotion, demotion, dismissal, transfer, suspension, separation, or other change in position classification is prohibited from disclosure by an applicable law, the general description to be provided must be listed as "description of action prohibited by applicable law." Prohibits the date and general description for each promotion, dismissal, transfer, suspension, separation, or other change in position classification from being disclosed before the employee has exhausted all administrative appeals that the employee is entitled to pursue under applicable law; however, once the employee has exhausted all administrative appeals, the date and general description for each promotion, dismissal, transfer, suspension, separation, or other change in position classification must be disclosed within 30 days of any final decision.

Makes identical additions to the personnel recordkeeping requirements by local boards of education, community colleges, LME/MCOs, local governments, water and sewer authorities, and hospitals, pursuant to the following governing statutes: GS 115C-320; GS 115D-28; GS 122C-158; GS 153A-98; GS 160A-168; GS 162A-6.1 and GS 131E-257.2.

Senate committee substitute deletes the content of the 1st edition and replaces it with the following.

Titles the act as the "Stop Addiction Fraud Emergency Act of 2021" or the "SAFE Act of 2021."

Enacts new Article 5H, Stop Addiction Fraud Emergency Act, in GS Chapter 90, providing as follows. Establishes three prohibited acts of any treatment facility, recovery residence, or third party contracted or paid to provide advertising, marketing, or referral services to any treatment facility or recovery residence, punishable as a Class G felony, including offering or soliciting money, goods, services, or anything else of value in any form of split-fee arrangement to induce patient referrals, or soliciting money, goods, services, or anything else of value in any form of split-fee arrangement in return for the acceptance or acknowledgement of treatment from a treatment facility, or aiding or abetting in such conduct. Excludes a discount, payment, waiver of payment, or payment practice that is expressly authorized by specified federal law or rule adopted thereunder, or a reasonable contingency management technique or other reasonable motivational incentive that is part of the treatment provided. Excludes from the scope of the Article licensed hospitals and organized hospital authorities. Defines recovery residence as an unlicensed shared living environment that is intended to be free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders. Defines treatment facility as a facility, program, person, or entity licensed under one of the specified administrative rules. Defines patient and referral. 

Effective December 1, 2021. Makes conforming changes to the act's titles. 

Senate amendment makes the following changes to the 2nd edition. Makes a clarifying change to the act's effective date provision. 

Senate committee substitute to the 1st edition makes the following changes. Amends proposed GS 115C-109.6(h1) to require, rather than allow, the State Board to enforce the final decision of the ALJ under the statute by ordering a local educational agency to (1) provide a child with appropriate education; (2) place a child in a private school that is approved to provide special education and can provide the child with an appropriate education; and/or (3) reimburse parents for the reasonable private school placements costs in accordance with the Article and the federal Individuals with Disabilities Education Improvement Act (IDEA) when it is determined that the local educational agency did not offer or provide the child with appropriate education and the private school in which the parent placed the child was an approved school and provided the child an appropriate education. 

Senate committee substitute deletes the content of the 1st edition and replaces it with the following.

Enacts GS 115C-12(47) to direct the State Board of Education (State Board) to adopt a rule establishing a medical condition action plan pursuant to GS 115C-375.1, as amended, to be implemented by each public school unit for each student at risk for a medical emergency as diagnosed by a doctor.

Expands GS 115C-375.1, which deems it the duty of teachers and authorized public school employees to provide medical care to students, to include administering any drugs or medication as described in the medical condition action plan. Provides for authorization to participate by the governing board of a public school unit or its designee (was local board of education or its designee). Establishes three requirements of medical condition action plans, including a standard medical condition action plan form, detailed instruction to ensure all individuals designated by the principal or other decision-making authority to provide medical care know how to address the medical emergency, and information detailing the method by which and by whom any medical emergency will be handled when the student is at a school-sponsored activity that is not on the public school unit's campus. Makes changes to expand the scope of the statute to include public school units and governing boards of public school units (was public schools and local boards of education), including the duty created for teachers and employees, provisions granting civil immunity in acting pursuant to the act, and the designation of persons to participate in the medical care program at the start of each school year. Revises the civil immunity granted to volunteer persons to include giving emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the student (was perform any first aid or lifesaving techniques for which the employee has been trained in a State Board-approved program).

Amends GS 115C-47 to require local boards of education to implement the medical condition action plan adopted by the State Board. Similarly amends the following statutes and session law to require charter schools, regional schools, laboratory schools, and renewal school systems to implement the medical condition action plan adopted by the State Board: GS 115C-218.75; GS 115C-238.66; GS 115C-239.8; and Section 6 of SL 2018-32.

Applies beginning with the 2021-22 school year. 

Changes the act's long title.