House committee substitute to the 1st edition makes the following changes.
Adds qualifications to the new authority of a judge under GS 15-11.1(b1)(3) to order the disposition of a lawfully seized firearm, after notice and hearing requirements are met for disposition, by ordering that the firearm be turned over to be destroyed by the sheriff of the county of seizure or an authorized agent if the firearm was used in committing an assault against a law enforcement officer or any other offense that resulted in serious bodily injury or death to the victim. Adds two criteria that must be met: (1) that the rightful owner of the firearm is the defendant, a member of the defendant's family, or a member of the defendant's current household and (2) that the district attorney has requested that the firearm be destroyed. Makes organizational and clarifying changes. Makes conforming changes to the act's long title.
The Daily Bulletin: 2021-05-12
The Daily Bulletin: 2021-05-12
|Intro. by Torbett.||GS 15|
House amendment makes the following changes to the 3rd edition.
Revises proposed GS 115C-81.61, which prohibits public school units from promoting seven specified belief concepts, modifying the seventh identified belief concept. Now prohibits promoting that the belief that the United States is a meritocracy is inherently racist or sexist in belief, or that the United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex (was, that the United States is a meritocracy is racist or sexist or was created by members of a particular race or sex to oppress members of another race or sex).
House committee substitute deletes the content of the 1st edition and replaces it with the following. Makes conforming changes to the act's titles.
Directs the Joint Legislative Oversight Committee on Justice and Public Safety (Committee) to study the preservation of biological evidence in the state, including (1) an analysis as to how each county in the state collects, preserves, and destroys biological evidence as specified; (2) a comparative analysis of how the federal government and other states preserve, store, and destroy biological evidence as specified; and (3) an analysis as to the best methods for storing and preserving biological evidence as specified. Also allows the Committee to study any other relevant matters. Directs the Committee to report to the 2022 Regular Session of the NCGA.
|Intro. by Richardson, Faircloth.||STUDY|
House committee substitute deletes the content of the 1st edition and replaces it with the following. Makes conforming changes to the act's titles.
Directs the Joint Legislative Oversight Committee on Justice and Public Safety (Committee) to study the reporting and collection of traffic stop data under GS 143B-903, including (1) an analysis of how the Department of Public Safety collects, correlates and maintains information regarding traffic law enforcement by law enforcement officers as specified; (2) whether any additional information should be collected by DPS beyond that listed in state law; (3) whether the anonymous ID number assigned to officers should be used in stop reports; (4) whether including the anonymous ID number in stop reports would result in the ID number no longer being anonymous and if the ID number would be subject to public records requests; (5) a comparative analysis on how other states collect, correlate, and maintain information regarding traffic law enforcement by officers; and (6) an analysis as to the best methods for collecting, correlating, and maintaining traffic law enforcement data. Allows the Committee to study other relevant matters. Directs the Committee to report to the 2022 Regular Session of the NCGA.
|Intro. by Richardson, Faircloth.||STUDY|
House committee substitute to the 1st edition makes the following changes.
Revises the terminology used in proposed Article 84, GS Chapter 143, now prohibiting State agencies and local government entities from making payments to or communicating with an entity that has engaged in a cybersecurity incident (was, attack) on the agency or local government’s IT system with ransomware and directing agencies or local governments experiencing a ransom request associated with a cyber security incident (was, attack) to consult with the Department of Information Technology (DIT). Changes the numbering of the proposed section to GS 143-800.
Adds to the proposed conforming changes to GS 143B-1379(c) (county and municipal government cyber security incident reporting) to add a statutory-cross reference to new GS 143-800(c)(1), defining local government entities.
Makes conforming changes to the act's long title.
House amendment to the 1st edition makes the following changes. Deletes the content of the previous edition, which proposed Article 49, Regulation of Online Marketplace Transactions, and replaces it with the following. Requires the Legislative Research Commission (LRC) to study revising the laws in GS Chapter 14 relating to the criminal activity of organized retail crime which is having a negative impact on the State's economy, business, and citizens. Sets out four items that must be included in the study and allows the LRC to study any other matters it deems relevant. Requires the LRC to report to the 2022 Regular Session of the 2021 General Assembly upon its convening. Makes conforming changes to the act's titles.
|Intro. by Stevens, Reives.||STUDY|
House committee substitute to the 1st edition makes the following changes.
Revises the proposed changes to Article 9C of GS Chapter 115C as follows. Organizes the Article into two Parts, with Part 1 governing the Governor Morehead School for the Blind, and Part 2 governing residential schools with hearing impairments. Makes changes throughout Part 1, consisting of existing law, to eliminate all provisions relating to the Eastern NC School for the Deaf and the NC School for the Deaf and making conforming changes to limit the provisions of Part 1 to the administration and oversight of the Governor Morehead School for the Blind. Moves the proposed changes to existing law relating to the governance and administrative structure of the Eastern NC School for the Deaf and the NC School for the Deaf to Part 2, with the following changes.
Adds defined terms, including defining residential school as the schools for students with hearing impairments located at the Eastern NC School for the Deaf (ENCSD) and the NC School for the Deaf (NCSD). Makes changes to refer to residential schools throughout the Part rather than naming the schools. Specifies that the State Board of Education has general supervision over residential schools in accordance with GS 115C-12, which provides for the powers and duties of the State Board (previously referenced the State Board's statutory powers and duties). Specifies that each residential school must be governed by a separate board of trustees. Makes a technical change regarding appointment of board members to require legislative appointment upon recommendation of the Speaker of the House and the President Pro Tempore of four of the five members, as previously distinguished. No longer provides for initial membership of the boards. Adds a new provisions to deem an appointed member's seat vacant for failure to be present at three successive regular board meetings. No longer provides for the director to call the initial meeting of the board. Now provides for election of a vice-chair, and provides for a quorum.
Eliminates the proposed corporate powers of the boards of trustees (presented in previously proposed GS 115C-150.11B), and instead grants the boards the powers and duties of a local board of education, except as provided in the Part. Directs boards to adopt rules necessary for the administration of the residential school to implement the Part's requirements. Further directs boards to establish rules for determining admissions and assignments for students to the school that meet the five specified minimum requirements provided, such as (1) admission criteria which consider evidence of hearing loss, state and federal laws, optimal academic and communicative outcomes for the child, and parental input and choice and (2) an admission committee to evaluate eligibility for admission and assignment to the school. Provides that rules adopted by these boards are not required to be adopted pursuant to the Administrative Procedure Act (APA). Subjects the board to rules adopted by the State Board of Education pursuant to the APA. Adds provisions concerning the following, which align with the provisions of GS 115C-150.14 and GS 115C-150.15 applicable to the Governor Morehead School for the Blind: tuition and room and board; and reporting to residential schools on hearing impaired children. Adds a new requirement for the local superintendent or the staff member with the highest decision-making authority to share a copy of all current evaluation data and a copy of the current and proposed individualized education plan (IEP) with the ENCSD or the NCSD for any child enrolled in a public school unit who has been identified as a child with a disability with hearing impairment that has applied for admission to a residential school, upon written request of a parent, guardian, or custodian of the student. Updates internal and statutory cross-references.
Amends GS 115C-5 to explicitly include a residential school in the definition of public school unit, and the board of trustees of a residential school in the definition of the governing body of a public school unit. Makes further conforming changes. Makes similar changes to GS 115C-105.51 to explicitly include a residential school in the definition of a public secondary school serving grades six or higher. Makes conforming changes.
Makes conforming changes to GS 150B-1 to exclude the ENCSD and the NCSD from the scope of the APA.
Revises Section 5 of the act, making conforming technical changes to the initial appointments to the residential school boards of trustees. Adds new provisions to specify initial appointments and terms, creating staggered terms. Provides for the director of each school to call an initial meeting of each board upon appointment of a majority of the boards of trustees of each residential school.
Enacts new Article 43, Medical Cannabis, to GS Chapter 90. Provides broad civil and criminal immunity, as well as immunity from professional discipline, for a person for purchasing or possessing cannabis for medical use by a qualified patient if the quantity does not exceed an adequate supply, defined to mean, among other things, amount of usable cannabis derived solely from an intrastate source that does not exceed what is reasonably necessary to assure the uninterrupted availability of cannabis for a period of three months, as determined by the qualified patient's physician and the qualified patient is in possession of a written certification from a physician. Defines qualified patient as a person who has been diagnosed by a physician as having a debilitating medical condition. Defines written certification to mean a statement in a patient's medical records or a statement signed by a health care provider with whom the patient has a bona fide health care provider-patient relationship indicating that, in the health care provider's professional opinion, the patient has a medical condition that may benefit from the medical use of cannabis and the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient. Also provides immunity and protection from penalties for medical care providers for conduct consistent with the act.
Directs the Department of Agriculture and Consumer Services to adopt rules for licensing medical cannabis cultivation and manufacturing of medical cannabis products, including six required components such as licensing applications and annual renewal fees, and regulation of packaging and labeling of medical cannabis and medical cannabis products. Directs DACS to adopt the required rules and report to the NCGA by January 31, 2023.
Directs the ABC Commission to adopt rules for the establishment, licensing, and operation of medical cannabis dispensaries by January 1, 2023, including fees associated with license applications. Authorizes a local ABC board to establish and operate one medical dispensary for each ABC store operated by the local board, or enter into a joint venture with an eligible social equity recipient to establish and operation a dispensary. Requires dispensaries established and operated by ABC boards to be located no less than 1,000 feet away from an ABC store, an independent dispensary, an elementary or secondary school, or a religious institution.
Defines eligible social equity recipient to mean an applicant for a medical cannabis cultivation and manufacturing license for which at least 66% of ownership interest in the applicant has (1) a prior conviction for simple possession of cannabis; (2) a family member with a conviction for simple possession of cannabis; (3) residence in an area that is economically distressed, or with disproportionate number of arrests for cannabis violations, as specified; or (4) a degree from a public or private historically black college or university. Directs DACS to establish the Social Equity Business Development Grant Program to provide grants and low interest loans to an eligible social equity recipient using $250,000 annually from the medical cannabis cultivation and manufacturing licensing fees collected. Establishes three eligible uses of the grants, including elimination or amelioration of barriers to licensing. Directs DACS to annually report on the Program to specified NCGA committee chairs and division. Details required content of the reports.
Enacts GS 15A-145.8B, mandating the automatic expunction of convictions for misdemeanor marijuana or hashish convictions under GS 90-95(a)(3), or marijuana drug paraphernalia convictions under GS 90-113.22A, by December 31, 2024. Charges clerks of superior court with reviewing cases to determine eligibility and to prepare and complete orders of expungement, forwarding petitions to the Administrative Office of the Courts. Provides for expungement of related government records, except DNA records and samples stored, and reversal of administration actions taken as a result from the charges or convictions expunged. Provides for the effect of the expunction. Makes it a Class 1 misdemeanor for any person having or acquiring access to a record expunged under the statute to disclose expunged information, unless by court order. Prohibits employers or educational institutions from requiring disclosure of expunged information.
Enacts GS 15A-145.8C, providing for a person convicted of felony possession of marijuana under GS 90-95 to petition a court for expunction of the offense and any other official record containing related information along with a $100 fee after five years of the date of conviction or after any active sentence, period of probation, or post-release supervision has been served, whichever is later. Provides for the form of the petition and hearing requirements. For a court to order expunction, requires the court to find that the continued existence and possible dissemination of information relating to the conviction causes or may cause circumstances that constitute a manifest injustice to the petitioner. Provides for expungement of related government records, except DNA records and samples stored, and reversal of administration actions taken as a result from the charges or convictions expunged. Provides for the effect of the expunction. Makes it a Class 1 misdemeanor for any person having or acquiring access to a record expunged under the statute to disclose expunged information, unless by court order. Prohibits employers or educational institutions from requiring disclosure of expunged information.
Effective December 1, 2021.
Enacts GS 20-138.8, making it a Class 3 misdemeanor to use or consume medical cannabis while driving or being a passenger in a motor vehicle on a highway or right-of-way. Provides three circumstances that together permit a trier of fact in a prosecution under the statute to infer that the person has consumed medical cannabis in violation of the statute. Effective December 1, 2021.
Enacts Article 41A, Medical Cannabis, GS Chapter 14, providing for the following offenses.
Makes it unlawful to consume medical cannabis or offer medical cannabis to another at or in any public place, punishable by a fine of up to $25 for a first offense, a fine of up to $25 and ordered entry in a substance abuse treatment program and/or education program for a second offense, and a Class 3 misdemeanor on the third or subsequent offense.
Makes it a Class A1 misdemeanor to possess or consume any medical cannabis in or upon the grounds of any public elementary or secondary school during schools hours or school activities, and allows for a sentence of imprisonment for up to 180 days.
Makes it an infraction for persons under 18 to possess or consume medical cannabis, and requires ordered entry in a substance abuse program and/or education program.
Makes it a Class A1 misdemeanor for medical cannabis to be imported, shipped, transported, or brought into the State, and allows imprisonment of up to one year.
Effective December 1, 2021.
Enacts Article 2E, Medical Marijuana, to GS Chapter 105 as follows. Levies a 10% tax on the sale of cannabis for medical use by a dispensary in addition to other federal, State, or local taxes. Requires net proceeds from the tax to be credited with 50% to the General Fund, and the remainder to the University Cannabis Equity Investment Fund. Excludes sales from one dispensary to another; sales of industrial hemp by a grower, processor, or dealer under GS Chapter 106; or sales of industrial hemp extract or food containing industrial hemp extract under GS Chapter 106. Authorizes local governments to levy a 2% sales tax, and allows for joint jurisdiction of a county and municipality to levy the tax. Provides for administration of the tax, and allows for use of the local tax proceeds for any public purpose. Makes conforming changes. Makes conforming changes to the definition of marijuana under GS 105-113.106.
Establishes the University Cannabis Equity Investment Fund as a special fund in the Office of the UNC President, with allocations made at the discretion of the Cannabis Equity Reinvestment Fund Committee. Requires 40% of fund proceeds to be used for research of medical cannabis under UNC Hospitals only, with the remainder used for four authorized purposes, including low-interest loans to social equity applicants for licensure under new GS 90-730.3 and contributions to the State's legal services program for indigents. Provides for membership and meetings of the Cannabis Equity Reinvestment Fund Committee. Appropriates funds remitted to the Fund from sales taxes, as enacted. Establishes an annual financial reporting requirement of the Committee to the specified NCGA committee and the Office of State Budget and Management.
Effective January 1, 2021.
Appropriates $1 million from the General Fund to DACS for 2021-22, with $500,000 to be used for planning and rule development for licensing and social equity programs pursuant to new GS 90-730.2, and $500,000 to be used to establish and operate the Equity Business Development Grant Program. Effective July 1, 2021.
Provides that the act is effective December 1, 2021, unless otherwise provided.
Enacts new Article 7 in GS Chapter 15A, Body-Worn Cameras and Dashboard Cameras, to provide the following.
New GS 15A-202 requires a law enforcement officer to wear and activate a body-worn camera during any recordable interaction. Defines law enforcement officer as any employee of a law enforcement agency who (1) is actively serving in a position with primary duties and responsibilities for the prevention and detection of crime or the general enforcement of the criminal laws of the State, (2) possesses the power of arrest by virtue of an oath administered under the authority of the State, and (3) is primarily assigned to patrol duties. Adds that for purposes of Article 7, the term also includes on‑duty State correctional officers. Defines body-worn camera as an operational video camera provided by a law enforcement agency and affixed to a law enforcement officer's uniform and positioned in a way that allows the video camera to capture interactions the law enforcement officer has with the public. Requires the video camera to include a microphone or other mechanism for allowing audio capture. Provides the term does not include cameras privately owned and provided by a law enforcement officer. Defines recordable interaction as an interaction between a law enforcement officer, in his or her official capacity, and a member or members of the public, including an inmate or inmates of a State correctional facility. Provides the term includes traffic stops, arrests, searches, and interrogations not covered under GS 15A‑211, interviews with victims and witnesses, and pursuits.
Requires a law enforcement officer to inform the person or people the law enforcement officer is interacting with that the interaction is being recorded, except when doing so would be unsafe, impractical, or impossible. Prohibits a law enforcement officer from deactivating a body-worn camera until (1) the conclusion of the recordable interaction; (2) the law enforcement officer has left the scene; (3) a supervisor, while being recorded, authorizes the law enforcement officer to deactivate the body‑worn camera; or (4) an exception listed in subsection (b) authorizes deactivation. Requires the law enforcement officer to announce that he or she is deactivating the body-worn camera and the reasons for deactivating prior to deactivating. Directs the law enforcement officer to note in any incident report prepared after a recordable interaction that a recording was made.
Subsection (b) details six situations or places in which a law enforcement officer is not required to activate a body-worn camera: (1) interactions with confidential informants and undercover officers; (2) during routine, non‑law enforcement related activities, including when a law enforcement officer is engaged in a personal conversation, when a law enforcement officer is using a restroom or bathroom, or when a law enforcement officer is dressing or undressing in a locker room or dressing room; (3) when a law enforcement officer is providing training or making a presentation to the public; (4) when entering a private residence under nonexigent circumstances, unless written or on‑camera consent is given by the owner or the occupier of the residence; (5) when a law enforcement officer is conducting a strip search, unless written or on‑camera consent is given by the person being strip searched; and (6) interactions with a victim or witness, unless written or on‑camera consent is given by the victim or witness.
Subsection (c) requires a law enforcement officer to read, agree to, and sign a written waiver that consists of consent by the officer to be recorded by a body-worn camera and an acknowledgment of the requirements of this statute, and the related policies established under subsection (i) of the statute by the law enforcement agency employing the officer.
Subsection (d) permits a recording captured by a body-worn camera pursuant to the statute to be used as evidence in any relevant administrative, civil, or criminal proceeding, if the recording is otherwise admissible in the proceeding.
Subsection (e) provides for access to recording in accordance with GS 132-1.4A, as amended.
Subsection (f) requires a law enforcement agency to retain an original, unredacted recording captured by a body-worn camera for the later of (1) 60 days from the date of the recording; (2) the period specified by court order; or (3) 10 days from the date an administrative, civil, or criminal proceeding in which the records were used as evidence concludes.
Subsection (g) allows noncompliance with the provisions of the statute to be admissible as evidence to support claims made by a defendant in a criminal action or a party opposing the law enforcement officer or law enforcement agency in a civil action.
Subsection (h) requires a law enforcement agency to provide training to officers on how to operate a body-worn camera prior to the officer wearing and activating a body-worn camera.
Subsection (i) directs the Department of Justice to develop a model policy or policies for law enforcement agencies to use in implementing the statute. Requires the policy to include disciplinary action for failing to activate a body-worn camera as required in subsection (a), up to and including dismissal from employment. Permits the policy to include standards more stringent than those required under this statute.
Enacts GS 15A-203, Use of dashboard cameras in law enforcement vehicles, requiring a law enforcement officer to activate the dashboard camera, if the law enforcement vehicle is equipped, when engaging in a traffic stop, vehicle pursuit, vehicle search, or other interaction with the public that is within the range of the camera. Defines dashboard camera as a device or system installed or used in a law enforcement vehicle that electronically records images depicting activities that take place during a traffic stop, vehicle pursuit, vehicle search, and other interaction with the public that is within the range of the camera. Provides the term does not include body‑worn cameras.
Requires a law enforcement officer to inform the person or people the law enforcement officer is interacting with that the interaction is being recorded, except when doing so would be unsafe, impractical, or impossible. Prohibits the officer from deactivating a dashboard camera until (1) the conclusion of the traffic stop, vehicle pursuit, vehicle search, or other interaction with the public; (2) the law enforcement officer has left the scene; (3) a supervisor, while being recorded, authorizes the law enforcement officer to deactivate the dashboard camera; or (4) an exception listed in subsection (b) authorizes deactivation. Requires the law enforcement officer to announce that he or she is deactivating the dashboard camera and the reasons for deactivating prior to deactivating. Directs the law enforcement officer to note in any incident report prepared after an interaction with the public that a recording was made using a dashboard camera.
Subsection (b) establishes that a law enforcement officer is not required to activate a dashboard camera in any of the places or situations listed in GS 15A-202, enacted above, to the extent that they are applicable.
Subsection (c) establishes that the requirements of GS 15A-202(c) through GS 15A-202(h) apply to the use of dashboard cameras under this statute.
Subsection (d) clarifies that the statute does not require the installation of a dashboard camera in a law enforcement vehicle.
Effective January 1, 2023.
Amends GS 132-1.4A, which governs law enforcement agency recordings, to enact a new subsection (b1) to prohibit release of recordings in the custody of a law enforcement agency as a public record for 15 days following the date of the recorded occurrence, and upon the expiration of that period, requiring the automatic release as a public record unless a custodial law enforcement agency or a person authorized to receive disclosure under subsection (c) has filed an action requesting the court to order that the recording not be released as public record; limits the court's order to 30 days from the date of the recorded occurrence. Requires automatic release as public record after the earlier of the order's expiration or 30 days from the date of the recorded occurrence. Provides for form of the petition, hearing priority, and considerations of the court. Adds to the persons required to receive notice of proceedings regarding appeal of denied disclosure by a law enforcement agency, and required to be given the opportunity to be heard at such proceedings: any person whose image or voice is in the recording or is a criminal defendant or is the subject of a criminal investigation related to the recording; and the immediate family members of any person whose image or voice is in the recording and is a criminal defendant or is the subject of a criminal investigation related to the recording. Makes conforming changes.
Effective December 1, 2021.
Appropriates to the Governor's Crime Commission within the Department of Public Safety (Commission) $5 million in nonrecurring funds from the General Fund for the 2021-22 fiscal year, and $5 million in nonrecurring funds for the 2022-23 fiscal year, to provide grants to law enforcement agencies for the purposes of purchasing and maintaining body-worn cameras pursuant to the act. Requires a grant provided by the act to be matched on the basis of $1 in grant funds for every $5 in nongrant funds. Clarifies that matching funds do not include State funds. Prohibits the Commission from providing a grant until the grantee provides evidence satisfactory to the Commission that the grantee has sufficient nongrant funds to match. Caps a grant provided under this program at $100,000. Directs the Commission to develop guidelines and procedures for the administration and distribution of grants under the program. Effective July 1, 2021.
Makes conforming changes to GS 15A-220, GS 114-64, GS 143-318.11, GS 153A-436.1, and GS 160A-490.1. Effective January 1, 2023.
|Intro. by Brockman, Hawkins, K. Smith, Hunter.||APPROP, GS 15A, GS 114, GS 132, GS 143, GS 153A, GS 160A|
Retitles GS Chapter 74D, Electronic Security Systems (was Alarm Systems) and makes changes throughout the Chapter to refer to "electronic security systems" rather than "alarm systems." Amends the Chapter as follows. Makes the Chapter's language gender-neutral.
Defines electronic security systems business to include any person, firm, association, or corporation that, unless exempt, (1) sells or attempts to sell an electronic security system by engaging in any personal solicitation to advise, design, or consult on specific types and specific locations of electronic security system devices and/or (2) installs, services, monitors, or responds to electrical, wireless or hardwired electronic or mechanical alarm signal devices and security systems, integrated automation of a residence or business that includes a security element, burglar alarms, monitored access control, or cameras used to detect or observe other illegal activity. Eliminates the previous exclusion of locking devices that record entry and exit data and do not transmit the data in real time so long as the provider is licensed by the Locksmith Licensing Board; instead provides for this exemption from the Chapter's provisions in GS 74D-3. Defines a qualifying agent to mean an individual who is a full-time employee in a management position licensed under the Chapter and who is registered with the Electronic Security Systems Board (Board; previously did not specify full-time employment). Establishes that a business entity required to be licensed under the Chapter is subject to the specified requirements regarding a qualifying agent (previously subject upon engaging in the business). Allows the business entity to notify the Board by letter or using the Board's online form upon its qualifying agent ceasing to perform his or her duties (previously only specified notification be in writing). Adds a new provision authorizing the Director of the Board, in his or her discretion, to extend the 90-day period by which the business entity must obtain a substitute qualifying agent for an additional 30 days for good cause upon written request. Prohibits any person (rather than licensee) from serving as the qualifying agent for more than one business entity without Board approval. Makes the qualifying agent responsible for maintaining current contact information with the Board. Adds minimum qualifications for qualifying agents in addition to age, experience, and character qualifications in existing law. Requires the applicant to have successfully completed or kept current a specified technician course offered by the Electronic Security System Associations and to have proof of how in-state activities of the licensee are to be monitored. Concerning the applicant character, includes a prayer for judgement continued, adjudication withheld, or an equivalent. Eliminates the authority of the Board to require an examination of applicants. Requires out-of-state monitoring companies not licensed in any state to be licensed by the Board and register their employees, but does not require out-of-state monitoring companies licensed in another state to register their employees upon receipt by the Board of a certificate of good standing from that state.
Regarding criminal background checks of applicants for licensure or registration, replaces references to the Department of Public Safety with the State Bureau of Investigation (SBI). Authorizes the SBI's Division of Criminal Information Network to provide criminal record checks for applicants through the Board. Authorizes the SBI to charge applicants a fee for conducting the criminal history checks and specifies that the fee is to be collected by the Board and transmitted to the SBI. Makes an exception to the confidentiality provisions set forth for information obtained through an applicant's criminal history check, allowing such information to support the denial of an application or a disciplinary matter in a contested case.
Modifies the Chapter's exemptions as follows. Exempts installation or service (was, installation only) of an electronic alarm system on property owned or leased to the installer, and entities through which a customer accesses marketing or advertising material or installation instructions for an electronic security system. Eliminates the exemptions for out-of-state monitoring companies and persons or businesses providing services to a state agency or local government for five or more years. Makes organizational and clarifying changes.
Renames the Alarm Systems Licensing Board the Electronic Security Systems Licensing Board (Board). Excepts the Secretary of Public Safety or a designee from the prohibition against a Board member serving more than two complete three-year consecutive terms. Requires the Board to set a travel allowance in addition to per diem compensation of members who are not also State officers or employees. Makes further technical changes.
Modifies and adds to the powers of the Board as follows. Authorizes the Board to determine minimum qualifications and establish minimum education, experience, and training standards for registrants in addition to applicants and licensees and conduct investigations of alleged violations to determine if unlicensed individuals or entities are in violation of the Chapter, in addition to investigating licensees' and registrants' compliance with the Chapter. Authorizes the Board to issue written cease and desist orders for violations with the concurrence of the Secretary of Public Safety. Allows the Board to take disciplinary action against registrants who fail to satisfy requirements of the Chapter or the Board. Additionally, grants the Board the power to acquire, rent, encumber, and deal with real property as a private person or corporation, subject to approval of the Governor and the Council of State. Limits collateral pledged by the Board for an encumbrance to the assets, income, and revenues of the Board. Deems the regulation of electronic security business exclusive to the Board, though permits local government to require registration and reporting of businesses operating within its jurisdiction and even require revocable permits when alarm usage involves automatic signal transmission to law enforcement, which was previously located in GS 74D-11.
Expands the investigative powers of the Secretary of Public Safety to include complaints, allegations, or suspicions of wrongdoing or violation of the Chapter involving unlicensed individuals in addition to licensed or to-be-licensed individuals.
Amends GS 74D-6, now limiting the statute to grounds for denial for registration (was, licensure or registration). Modifies the grounds for the denial of registration to include conviction of any crime involving the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud (was, conviction of any crime involving fraud only). Defines conviction. Now provides that the specified misdemeanors, if convictions within the previous 10 years, are prima facie evidence that the applicant lacks good moral character and temperate habits. Includes in the specified misdemeanor convictions crimes involving assault (was, felonious assault) and sexual offenses; no longer includes offenses involving moral turpitude; adds to the definition of conviction. Lastly, establishes being registered as a sex offender in any state as grounds for denial of registration.
Specifies that branch office certificates must be obtained by branch offices in the state with an electronic security systems business. Extends the period for temporary approval by the Director of the Board from 10 working days to 45 days.
Revises the described employees of a licensee who must register under GS 74D-8 to include employees who conduct personal sales in a private residence or who install or service an electronic security system in a private residence only; no longer includes registration of employees who install or service a system in a commercial business establishment. Amends the requirements to be met by the licensee of an electronic security systems business when registering the licensee’s employees with the Board under GS 74D-8 as follows. More specifically prohibits a licensee from employing any employee required to register under the Chapter until the Board approves the registration. Adds a provision allowing a licensee to employ an applicant as a probationary employee for 20 consecutive days. In order to continue employment as a regular employee, requires registration of the employee within 30 days after the probationary employment ends unless the Director, in his or her discretion, extends the time for good cause. Requires a probationary employee to complete training and requires a criminal record check before the probationary employee engages in services. Requires the licensee to give the Director a list of probationary employees monthly and specifies information that must be provided.
Amends GS 74D-8.1 by amending the requirements for an apprentice registration permit to no longer require applicants to be currently enrolled in high school or to have a valid driver's license. Makes a conforming deletion of the requirement that one of the applicant’s letters of recommendation be from an official at the applicant’s school.
Amends GS 74D-9 by increasing the required minimum amount of liability insurance to: (1) $250,000 (was, $50,000) because of bodily injury or death of one person as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of employment and $500,000 (was, $100,000) because of bodily injury or death of two or more persons and (2) $100,000 (was, $20,000) because of injury to or destruction of property of others as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of their agency.
Amends GS 74D-10 by amending instances in which the Board may suspend or revoke a license or registration as follows: (1) violations of any rule adopted (was, any rule promulgated) by the Board; (2) convictions of any felony in GS 74D-6(2) (conviction of a crime involving fraud; the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud), or any crime involving moral turpitude under GS 74D-6(3) (lack of good moral character or temperate habits) (was, convictions of any crime involving moral turpitude or any other crime involving violence or the illegal use, carrying, or possession of a dangerous weapon only); (3) engaging in or permitting any employee to engage in any electronic security systems business without possessing a valid registration (was, a valid license); (4) clarifies that the instances include failure to maintain the required certificate of liability insurance; and (5) adds that engaging in conduct that constitutes dereliction of duty or deceiving, defrauding, or harming the public in the course of professional activities or services includes fraudulently claiming a change in business ownership, fraudulently claiming dissolution of a competing business, fraudulently claiming to be a representative of the consumer's current service provider, misrepresentation of employer, or misrepresenting an upgrade of equipment as a sales tactic.
Deletes GS 74D-13, which is an outdated provision.
Amends GS 74D-30 by renaming the Alarm Systems Education Fund as the Electronic Security Systems Education Fund and makes additional technical and conforming changes. Makes conforming changes to the title of Article 2.
Further amends GS 74D-7, increasing the licensing fees to: $500 for an initial application; $1,000 for a new license or renewal; $500 for a late license renewal; $100 for a new or renewed registration; $25 for a reregistration; $300 for a branch office certificate; and $40 for a late registration fee. Eliminates the $50 fee for reconsideration of a license or registration permit that has been filed or returned to the applicant for correctable errors.
Effective October 1, 2021.
|Intro. by Boles, Hardister.||GS 74D|
Directs the State Controller to transfer $170 million in nonrecurring funds from the State Fiscal Recovery Reserve established in Section 2.1 of Senate Bill 172 (Additional COVID-19 Response and Relief) to the State Fiscal Recovery Fund established in Section 2.2 of Senate Bill 172 if it becomes law.
Appropriates $170 million in nonrecurring funds from the State Fiscal Recovery Fund to be allocated to the Department of Public Instruction (DPI) to establish the Student Success Program if Senate Bill 172 becomes law.
Includes findings. Contingent on the above appropriations, directs DPI to contract with the State Education Assistance Authority (Authority) to establish and administer the Student Success Program (Program) to allow parents to use federal funds for COVID-19 mitigation for education uses of their choice to address student learning loss, provide summer learning or enrichment, and provide comprehensive after-school programs. Directs DPI to use all of the $170 million allocated above for the Program and to encourage local public school units to participate in the Program by holding $100 million of DPI’s appropriated funds in reserve so that local school units can provide a match for the federal COVID-19 mitigation funds they receive to the Authority so as to maximize awards to students.
Establishes the Program and directs the Authority to provide a one-time grant to households with an elementary or secondary school age child in the amount of $1,000 per child, not to exceed $3,000 per household, as soon as possible, but not later than August 16, 2021.
Directs the Authority to enter into written agreements with grant recipients prior to awarding a grant to ensure grant funds are only used for (i) participation in summer enrichment programs; (ii) before or after school academic or enrichment programs; (iii) tutoring services; (iv) textbooks or other instructional materials; (v) therapies for students with disabilities; (vi) educational programs or courses offered for a fee; and (vii) fees for national standardized assessments, entrance exams, and certification exams. Provides that recipients must spend grant funds by September 1, 2022, and any unspent funds must be returned.
Directs the Authority to provide a match to contributions to the Program by public school units required to fund programs addressing learning loss, summer learning and enrichment, and comprehensive after-school programs. Directs the Authority to match each dollar public school units contribute to the program using the $100 million placed in reserve above on a first come, first serve basis, up to $100 million. Provides matching funds can only be provided to students residing in the county where the public school unit is located. Provides that public school units may provide matching funds until July 1, 2021, to designate how much funding to allocate to grants for this purpose, after which the remaining reserve funds will be available to provide a grant to any recipient under the Program.
Provides that the Authority may contract with vendors for administration of the Program, including e-commerce and e-wallet providers, auditing firms, and financial institutions who can restrict the use of funds for specified purposes. Permits DPI to use up to $500,000 and the Authority to use up to $4.5 million of the funds allocated for the Program for administrative costs, including contracting with vendors.
Provides that the reporting requirement in Section 1.2 of Senate Bill 172, if it becomes law, applies to the $170 million transfer and allocation in this bill.
|Intro. by Hardister, Brockman, Hanig, Willis.||APPROP|
Contains whereas clauses. Amends Chapter 103 of the General Statutes by adding GS 103-17 making the third Thursday in September of each year Food Waste Prevention Day.
Contains findings. Urges large food retailers to do the following:
(1) Update inventory systems with new technology, reduce excess inventory, and reduce the amount of perishables that go to waste;
(2) Partner with farmers or intermediaries in the supply chain to reduce agricultural food waste;
(3) Modify store practices that lead to waste and institute practices that reduce waste such as lowering cosmetic standards for produce, building nationwide systems to donate food, urging food manufacturers to use a food expiration date labeling system, and finding new ways to display food while decreasing stock levels; and
(4) Team up with consumers to reduce food waste by providing waste reduction tips and leftover recipes, demonstrating how to use leftovers in recipes, and using social media and crowd sourcing for waste less campaigns.
Directs the Department of Agriculture and Consumer Services (Department) to, in consultation with Rise Against Hunger North Carolina, do the following:
(1) Establish a public awareness campaign to educate the public about food waste prevention by raising awareness of strategies to reduce wasteful shopping, freezing meat prior to expiration, and using sell by and use by labels;
(2) Take measures to reduce food waste through donating or composting; and
(3) Develop and distribute materials on food waste, including social media, print media, and television/radio.
Appropriates $50,000 in non-recurring funds from the General Fund to the Department for the 2021-22 fiscal year to support the food waste awareness campaign. This appropriation is effective July 1, 2021.
Establishes the North Carolina Food Waste Task Force (Task Force) within the Department of Health and Human Services to examine the factors that lead to food waste in the state and identify strategies, policies, legislation, and executive action that (i) prevent food waste, (ii) increase food donation, (iii) provide education on food storage, (iv) lower cosmetic standards for produce, (v) cease or significantly reduce rejection of marginally imperfect looking food, (vi) build and strengthen state and local systems to distribute donated food, (vii) eliminate unnecessary statutes and regulations that contribute to food waste, and (viii) modify best by labels consistent with uniform national standards. Requires that the work of the Task Force be consistent with and supplement existing national efforts to reduce food waste.
Provides the Task Force is comprised of 14 members, including
(1) the Secretary of Health and Human Services, Commissioner of Agriculture, and Secretary of Environmental Quality or their designees as ex officio members;
(2) Four appointed members from four different food retailers, two appointed by the Governor, one by the Speaker of the House, and one by the President Pro Tempore of the Senate;
(3) Three public members appointed by the Governor, each one recommended by one of three particular food waste related organizations; and
(4) Four private citizens with relevant expertise, two appointed by the Governor, one appointed by the Speaker of the House, and one appointed by the President Pro Tempore of the Senate.
Provides vacancies are filled as provided for original appointments. Directs the Task Force to meet as soon as practical and select a chair. Directs the chair to select a secretary who need not be a member. Provides that Task Force members may receive appropriate subsistence and travel allowances. Directs the Legislative Services Officer to, with prior approval of the Legislative Services Commission, assign professional and clerical staff to the Task Force. Provides meetings may be held in the Legislative Building, Legislative Office Building, or around the state. Provides the Task Force may exercise certain powers, including the power to request that officers and agencies provide information, data, or documents in their possession or available to them. Provides the Task Force may meet during regular or extra sessions of the General Assembly.
Directs the Task Force to report its findings and recommendations for further legislative or executive actions to the 2022 Regular Session of the General Assembly no later than May 1, 2022. Provides that the Task Force terminates upon filing its final report.
Appropriates $50,000 in nonrecurring funds to the Board of Governors of the University of North Carolina for the 2021-22 fiscal year to be allocated to North Carolina State University’s Safe Plates Program to develop standard operating procedures and recommend best practices with tracking documents and resources for unserved prepared food that will be used at trainings on how to safely recover and redistribute prepared food during the pandemic for local health departments and community prepared food recovery programs across the state. This appropriation is effective July 1, 2021.
Adds new Part 9, Food Donation and Food Scrap Recycling, to Article 9 of GS Chapter 130A, providing as follows. Provides for the Part's purpose and states legislative findings. Requires all designated food scrap generators to separate their excess edible food for donation for human consumption to the maximum extent possible and in accordance with applicable food donation laws and rules. Defines designated food scrap generators as a person who generates at a single location an annual average of two tons per week or more of food scraps based on a methodology established by the Department of Environmental Quality (DEQ) by rule, including supermarkets, large food service businesses, higher educational institutions, hotels, food processors, correctional facilities, and sports or entertainment venues.
Requires each designated food scraps generator that is within 50 miles of an organics recycler (as defined), to the extent that the recycler has capacity to accept all of the food scraps, to: (1) separate all food scraps remaining after meeting the requirements above from other solid waste; (2) ensure proper storage for food scraps on site; (3) have information available and provide training for employees on proper methods to separate and store food scraps; and (4) obtain a transporter that will deliver food scraps to an organics recycler, self-haul its food scraps to an organics recycler, or provide for organics recycling on-site for some or all of the food waste generated on premises, provided that the remainder is delivered to an organics recycler. Sets out exceptions for any designated food scraps generator that has all of its food scraps processed in a composting facility permitted by DEQ to accept the kinds of food scraps generated by the designated food scraps generator. Defines food scraps as inedible food, trimmings from the preparation of food, and edible food that is not donated, excluding used cooking oil, grease, or any food subject to a recall or seizure due to the presence of pathogens.
Requires food scraps generators to report electronically to DEQ annually beginning October 1, 2023, on the amount of edible food donated, amount of food scraps recycled, the organics recycler and associated transporters used, and any other required information.
Allows a food scraps generator to petition DEQ for a temporary waiver of the requirements of the Part due to undue hardship; sets out four grounds for undue hardship. Limits the duration of the waiver to one year, but allows the waiver to be renewed.
Requires waste transporters to dispose of the food scraps by delivery: (1) to a transfer facility that will deliver the scraps to an organics recycler unless the generator has received a waiver or (2) directly to an organics recycler. Requires a waste transporter to take reasonable precautions to not deliver the scraps to an incinerator or landfill or to commingle the scraps with any other solid waste.
Requires a transfer facility that receives the food scraps to ensure they are taken to an organics recycler unless the generation has a waiver; also requires taking precautions to not commingle with other solid waste.
Requires incinerators and landfills to take reasonable precautions to not accept food scraps from generators required to send the scraps to an organics recycler.
Requires DEQ to annually assess, starting no later than January 1, 2023, capacity of each organic recycler and notify designated food scraps generators if they are required to comply with the scrap diversion requirements during the next fiscal year. Requires DEQ to keep a list of all scraps generators, organics recyclers, and waste transporters on its website. Requires the development of educational materials. Requires DEQ to regulate organics recyclers. Requires DEQ to adopt rules or amend existing rules necessary to implement this Part.
Excludes from this Part hospitals, nursing homes, adult care facilities, local school administrative units, charter schools, regional schools, and other schools operated by the State Board of Education.
Requires DEQ to report annually, beginning no later than October 1, 2024, to the Environmental Review Commission on the program, including specified information.
Makes the above provisions effective January 1, 2023.
Makes conforming changes to GS 130A-309.10, effective July 1, 2023.
Appropriates $200,000 in recurring funds and $50,000 in nonrecurring funds for 2021-22 from the General Fund to DEQ, to be allocated to the Division of Waste Management and the Division of Environmental Assistance and Customer Service to implement Section 1 of act. Allows DEQ to establish up to four FTE positions. Effective July 1, 2021.
Includes a severability clause.
Amends GS 105-228.90 to update the term Code as it applies to the general administration of taxation to mean the Internal Revenue Code as enacted as of April 1, 2021 (currently, May 1, 2020).
Effective for tax years beginning on or after January 1, 2020, repeals GS 105-153.5(c2)(20) and GS 105-130.5(a)(32), which require an individual or corporate taxpayer to add the amount of any expense deducted under the Code to the extent that payment of the expense results in forgiveness of a covered loan (includes PPP loans) pursuant to section 1106(b) of the federal CARES Act, and the income associated with the forgiveness excluded from gross income pursuant to section 1106(i) of the CARES Act.
Amends GS 105-153.5(a)(2)b. to modify the allowable itemized deduction an individual may elect to deduct from their gross income for mortgage expense and property tax. Prohibits the amount allowed as a deduction for interest paid or accrued during the taxable year under the Code with respect to any qualified residence from including the amount for mortgage insurance premiums treated as qualified residence interest for taxable years 2014 through 2021 (currently limited to taxable years 2014 through 2020).
Further amends GS 105-153.5(c2) to modify the required adjustments to an individual’s gross income, which are decoupled from federal requirements. Requires the taxpayer to add the amounts excluded from the taxpayer’s gross income for the discharge of qualified principal residence indebtedness and qualified tuition and related expenses under the Code for taxable years 2014 through 2025 (currently limited to taxable years 2014 through 2020). Requires the taxpayer to add the amounts excluded from the taxpayer's gross income for payment by an employer of principal or interest on any qualified education loan incurred by the taxpayer for education of the taxpayer for taxable years 2020 through 2025 (currently limited to taxable year 2020), expanding the purpose of the provision to include decoupling from the federal exclusion of payments under the Consolidated Appropriations Act, 2021. Adds a new decoupling provision for taxable years 2021 and 2022 to require a taxpayer to add an amount equal to the amount which the taxpayer's deduction under of the specified section of the Code, regarding business-related expenses for food and beverages provided by a restaurant, exceeds the deduction that would have been allowed under the Code enacted as of May 1, 2020, stating the purpose of the provision is to decouple from the increased federal deduction under the Consolidated Appropriations Act, 2021. Adds a new decoupling provision for taxable years 2021 through 2025 to require a taxpayer to add the amount excluded from the taxpayer's gross income for the discharge of a student loan under the specified section of the Code, stating the purpose of the provision is to decouple from the exclusion from income for the discharge of a student loan under the American Rescue Plan Act of 2021.
|Intro. by Setzer, Szoka, Bradford, Winslow.||GS 105|
Extends the sunset for the deduction an individual taxpayer may elect under GS 105-153.5(b) of the amount granted to the taxpayer during the taxable year under the Extra Credit grant program to taxable years beginning on or after January 1, 2022 (was January 1, 2021). Makes technical changes.
Modifies and adds to the decoupling adjustments set forth in GS 105-153.5(c2) for individual income tax. Clarifies that the add-back provision for taxable years 2019 and 2020 under subdivision (17) regarding federal deduction for business interest expenses that would have been allowed under the Code as enacted on January 1, 2020, is not required to the extent the amount was required to be added back under another provision of subsection (c2). Enacts GS 105-135.5(c2)(17a) to allow a taxpayer who made an addition under subdivision (17) to deduct 20% of the addition in each of the first five taxable years beginning tax year 2021.
Makes a technical change to remove a statutory reference in GS 105-153.9 which has since been repealed.
Amends GS 105-163.7 to modify the deadlines for informational returns due to the Secretary of Revenue (Secretary) to now require an employer who terminates its business before the close of the calendar year to file its informational return on or before the last day of the month following the end of the calendar quarter in which the employer terminates its business, but no later than January 31 of the succeeding year (previously required filing within 30 days of the last payment of remuneration for employers who terminated business or permanently ceased paying wages during the calendar year).
Enacts GS 105-163.8(c) to require the Secretary to estimate the individual tax due and assess the withholding agent based on the estimate if a withholding agent fails to file a return and pay the tax due under Article 4A or fails a grossly incorrect or false or fraudulent return.
Amends GS 105-241.6(b), regarding exceptions to the statute of limitations for individual tax refunds. Now establishes that the period to request a refund of individual overpayment is six months after the end of an event that a taxpayer claims prevents the taxpayer from filing an accurate and definite request within the statutory period.
Amends GS 105-252.1 to now prohibit a TTIN (Truncated Taxpayer Identification Number) from being used on any return, statement, or other document required to be filed or furnished to the Department of Revenue (DOR) unless specifically authorized by the Secretary, rather than specifically authorized by statute in GS Chapter 105.
Amends Section 1.2, SL 2021-16, specifying that the provisions which prohibit the accrual of interest from April 15, 2021, through May 17, 2021, on an underpayment of tax imposed on an individual income tax return due to the extension of the State tax filing deadline for individuals for the 2020 tax year, includes a partnership and estate and trust tax return.
Amends GS 105-83, which governs privilege taxes for installment paper dealers, to exclude from the statute's scope banks and savings and loans associations (currently, corporations liable under a since repealed statutory cross-reference, and savings and loans associations). Defines bank by statutory cross-reference. Applies retroactively for taxable years beginning on or after July 1, 2016.
Amends GS 105-130.5(a), regarding additions to federal corporate income tax. Clarifies that regarding the required addition of amounts equal to the deduction for business-related interest expenses for taxable years 2019 and 2020 which would have been allowed under the Code as enacted on January 1, 2020, under subdivision (31), the add-back is not required to the extent the amount was required to be added back under another provisions of subdivision (31). Enacts GS 105-130.5(b)(32) to permit a taxpayer who made an addition under subdivision (a)(31) to deduct 20% of the addition not otherwise disallowed in GS 105-130.7B in each of the first five taxable years beginning tax year 2021.
Amends GS 105-130.7B to add that the limitation on qualified interest expense does not apply to interest paid or accrued to a related member if the proportionate amount of interest paid or accrued to a related member has already been disallowed by the application of another specified section of the Code regarding the limitations on business interest. Applies retroactively for taxable years beginning on or after January 1, 2018.
Regarding the corporate net loss provisions in the context of mergers and acquisitions under GS 105-130.8A, requires the Secretary to apply the net economic loss standards of GS 105-130.8 (repealed for taxable years beginning on or after January 1, 2015) for mergers and acquisitions occurring prior to January 1, 2015, and the standards of the statute, which requires the Secretary to apply federal regulations, for taxable years beginning on or after January 1, 2015.
Adds to the kinds of information the Secretary can request of a corporation under GS 105-251 to include financial or tax documentation required to determine the appropriate adjustment under GS 105-130.5A, as amended. Authorizes the Secretary to propose any adjustment allowable under the corporate income tax provisions of Part I, Article 4 of the Chapter if the information is not timely provided as required by GS 105-130.5A.
Part III. Sales and Use Tax Changes
Amends GS 105-164.13E to exempt fowl, rather than baby chicks and poults, purchased by qualifying farmers from sales and use tax. Applies retroactively to purchases made on or after July 1, 2020.
Eliminates the authorized disclosure of tax information by State officers, employees and agents under GS 105-259(b) for the purpose of furnishing a list of the utility taxable gross receipts and piped natural gas tax revenues attributable to a city to the appropriate finance officials of the city.
Part IV. Excise Tax Hearings Changes
Makes the following changes to the revocation procedure for tobacco product licenses under GS 105-113.4B. Authorizes the Secretary to summarily revoke a license when the Secretary determines (rather than finds) that the licensee is incurring liability after failure to pay applicable taxes when due. Requires notice of revocation and notice of hearing to be held within 10 days of the notice, unless the licensee requests the hearing to be rescheduled before the date of the hearing whereby the Secretary must reschedule the hearing to allow for 10 days' notice. Establishes that the revocation is not stayed pending the hearing decision. Details notice of hearing requirements. Requires the Secretary to issue a final decision and notify the revoked licensee in writing within 10 days of the hearing stating the basis of the decision, though the stated basis is not binding on DOR. Details the required procedure for revocation applicable to non-summary revocations, which include, (1) notice of the proposed revocation that includes the basis and effectiveness of the proposed revocation as well as the circumstances under which revocation will not occur and an explanation of how the licensee can contest the proposed revocation, (2) deeming any proposed revocation final, and not subject to further administrative review, if not timely contested by requesting a hearing within 45 days of the proposed revocation notice, and (3) requiring the Secretary to conduct a hearing with 20 days' written notice, if timely requested, and issue a final decision and notify the licensee within 60 days of the hearing, with extension allowed upon mutual agreement, with the final decision, basis for the decision which is not binding on DOR, and if applicable, the effectiveness of revocation. Establishes criteria for delivery of notice and return of credentials.
Enacts GS 105-449.47B, establishing substantively identical authority of the Secretary and revocation procedure for motor carrier licenses or decals for noncompliance with Articles 36B, 36C or 36D, as that provided for non-summary revocations in GS 105-113.4B, as amended.
Amends GS 105-449.76 to modify the procedures for summary and non-summary revocations of fuel importer licenses to be the same as those provided in GS 105-113.4B, as amended.
Amends GS 119-19 to modify the procedures for summary and non-summary revocations of kerosene suppliers, distributors and operators, and dyed diesel fuel distributors' licenses for noncompliance with Article 3 or Article 36C or 36D of GS Chapter 105, to be the same as those provided in GS 105-113.4B, as amended. Adds to the procedure required for cancellation of a license upon written request of the licensee to require the request to include a proposed effective date, and require the license be returned on or before the proposed effective date. Otherwise cancels the license within 15 days after DOR receives the request. Requires the inclusion of an explanatory statement when a license cannot be returned. Requires the Secretary to notify the licensee when the license is cancelled.
Applies to summary revocations and non-summary revocations initiated by DOR on or after January 1, 2022.
Part V. Excise Tax Changes
Recodifies GS 105-113.8 as GS 105-113.4H, regarding the federal Constitution and statutes applicable to tobacco products tax.
Recodifies GS 105-113.11 as GS 105-113.4I. Amends the statute, expanding the licensure mandate regarding engagement in the tobacco product business in the State to include wholesale dealers and retail dealers in addition to the existing requirement for distributors.
Recodifies GS 105-113.29 as GS 105-113.4J. Amends the statute to make conforming changes, expanding the prohibition on operating an unlicensed business that sells, offers for sale, or possess with the intent to sell tobacco products.
Recodifies GS 105-113.33 as GS 105-113.4K, regarding criminal penalties for violations.
Amends GS 105-113.18 to exclude licensed distributors from the required use tax reports.
Amends GS 105-113.35 to no longer allow a manufacturer to request a waiver from tax on vapor products shipped to either a wholesale dealer or retail dealer.
Amends GS 105-113.37 to specify that tobacco product taxes levied by the Part (rather than the Article) are payable by a licensed wholesale dealer or licensed retail dealer when the monthly report is required to filed covering tobacco products, excluding cigarettes. Adds a new requirement for persons not licensed as wholesale dealers or retail dealers that have acquired non-tax-paid tobacco products other than cigarettes to file a report with the Secretary within 96 hours after receipt, showing the product amount and any other required information, along with the tax owed.
Amends GS 105-113.83 to relieve alcoholic beverage excise tax liability for breweries or wineries who have transferred malt beverages or wine, so long as specified conditions are met, with the wholesaler receiving the transfer liable for the tax due. Makes organizational changes.
Amends GS 105-113.86 to authorize the Secretary to require, rather than mandating, wholesalers or importers to furnish a bond of at least $5,000. Additionally authorizes the Secretary to require a distillery to furnish a similar bond of at least $2,000. Makes clarifying and conforming changes.
Amends GS 105-236 to include failure to pay a license required under GS 105-113.4I, as recodified and amended, after written notification from DOR, among those actions which are punishable by a $1,000 penalty. Applies to penalties assessed on or after January 1, 2022.
Adds to GS 105-449.45 regarding penalties for failure of motor carriers to file a return as required. Adds a new penalty for failing to pay the tax, set at the greater of $50 or 10% of the tax due. Provides exceptions and authorizes the Secretary to reduce or waive a penalty under specified state law.
Adds fuel grade ethanol to the defined terms set out in GS 105-449.60, applicable to Article 36C, defined by specified federal standards. Makes conforming changes to the defined term gasohol, now defining the term to mean a blended fuel composed of gasoline and fuel alcohol or gasoline and ethanol. Effective January 1, 2022.
Amends the duties of a transporters of motor fuel by railroad tank car or transport truck under GS 105-449.115 to include maintaining a copy of the shipping document at a centralized place of business for at least three years from the date of delivery. Modifies the language of the duties of the transporter related to delivery to no longer refer to printed specifications. Makes technical and clarifying changes. Allows accepting delivery only if the destination state on the shipping document is NC, which includes if changed to NC in accordance with the provisions of each respective statute (previously prohibited from accepting delivery with any other state as the destination state). Adds a new requirement for the receiver to maintain a copy of the shipping document for three years from the date of delivery. Makes similar changes to GS 105-449.115A regarding the duties of transporters and receivers of fuel by tank wagon. Adds to the duties of the transporter (1) delivery of the motor fuel to the person designated in the shipping document unless three conditions are satisfied, and (2) provision of a copy of the shipping document to the person to whom the motor fuel is delivered. Enacts duties of the person receiving the shipment to mirror those of receivers under GS 105-449.15, as amended. Effective January 1, 2022.
Amends GS 105-449.123 to replace the civil penalty provided for failure to properly mark dyed fuel storage facilities. Sets the penalty at $250, with each inspection that results in a finding of noncompliance constituting a separate and distinct offense (previously set at amounts equal to the tax at the motor fuel rate on the inventory held in the violating storage tank, or if that cannot be determined, the capacity of the storage tank). Applies to penalties assessed on or after January 1, 2022.
Part VI. Local Government Tax Changes
Corrects a statutory cross-reference in GS 105-278, effective June 19, 2020.
Enacts Article 12I to GS Chapter 143 as follows.
New GS 143-166.90 provides for equal monthly installments of an annual separation allowance for qualified State firefighter or rescue squad workers of 0.85% of the annual equivalent of the base rate of compensation most recently applicable for each year of creditable service, as defined, beginning in the month in which the firefighter or rescue squad worker retires on a basic service retirement under the Teachers' and State Employees' Retirement System (TSERS). Defines firefighter and rescue squad worker, as, among other things, a full-time paid employee of any State entity. Sets qualifications to include (1) completing 30 or more years of creditable service or attaining 60 years of age and completing 25 or more years of creditable service; (2) having not attained the age of 62; and (3) having completed at least five years of continuous service, rendered on, or after July 1, 2021, as a firefighter or rescue squad worker immediately preceding a service retirement, with exception for certain breaks for disability. Ceases payment upon death, the last day of the month in which the firefighter or rescue squad worker attains 62 years, or the first day of reemployment by and State entity, unless the position is exempt from the Human Resources Act in any agency other than the one from which the individual retired. Specifies that this benefit does not affect other government retirement benefits to which the individual is entitled. Exempts the benefit from any legislatively authorized salary or retirement allowance increases. Directs TSERS to determine employee eligibility for the benefit.
New GS 143-166.92 similarly provides for equal monthly installments of an annual separation allowance for qualified local firefighter or rescue squad workers of 0.85% of the annual equivalent of the base rate of compensation most recently applicable for each year of creditable service, as defined, beginning in the month in which the firefighter or rescue squad worker retires on a basic service retirement under the Local Governmental Employees' Retirement System (LGERS) or a locally sponsored retirement plan. Defines firefighter and rescue squad worker, as, among other things, a full-time paid employee of any employer that participates in LGERS or an equivalent locally sponsored retirement plan that maintains a fire department certified by the Department of Insurance or a County Fire Marshal's Office, or a rescue squad certified by the Department of Insurance or the Department of Health and Human Services, as appropriate. Establishes qualifications that mirror those established for the benefit for State firefighters and rescue squad workers. Ceases payment upon death, the last day of the month in which the firefighter or rescue squad worker attains 62 years, or the first day of reemployment by a local government employer in any capacity. Authorizes a local government employer to employ retired firefighters and rescue squad workers in a public safety position in a capacity not requiring participation in LGERS or an equivalent locally sponsored retirement plan, and provides for benefit payments to continue. Exempts the benefit from any legislatively authorized salary or retirement allowance increases. Directs LGERS to determine employee eligibility for the benefit.
Applies to firefighters and rescue squad workers retiring on or after July 1, 2026, with at least five years of continuous service that was rendered on or after July 1, 2021.
Enacts GS 143-166.94, establishing the Firefighters' and Rescue Squad Workers' Separation Allowance Trust Fund in the Department of State Treasurer, consisting of legislative appropriations and interest and income earned thereupon. Restricts use of funds in the Fund to paying the separation allowances authorized in new GS 143-166.90 and GS 143-166.92 and requires administration to ensure sufficiency for that purpose. Directs the Department of State Treasurer to annually report on the finances of the Fund to the specified NCGA committee.
Appropriates $143 million from the General Fund to the Department of State Treasurer for 2021-22 to be allocated to the Fund.
Effective July 1, 2021, unless otherwise provided.
Reenacts GS 105-151.29, which provides an individual income tax credit in the amount of 25% of a production company's qualifying expenses of at least $250,000, as the statute existed immediately before its repeal on January 1, 2015, with the following changes. Specifies that an entire season of episodes of an Esports event television series is one production (was, the case for episodic television series). Defines Esports to mean a scheduled form of multiplayer video game competition, particularly between professional players, individually or as teams, organized by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed broadcast; excludes a live sporting event. Adds and defines video game. Defines production as an Esports event. Now caps the amount of credit allowed at $20 million with respect to a production (was, a production that is a feature film). Extends the sunset until January 1, 2025.
Similarly reenacts GS 105-130.47, which provides a corporate income tax credit in the amount of 25% of a production company's qualifying expenses of at least $250,000, as the statute existed immediately before its repeal on January 1, 2015. Makes identical changes to those made to the credit set forth in GS 105-151.29, as reenacted. Extends the sunset until January 1, 2025.
The above provisions are effective for taxable years beginning on or after January 1, 2021, and apply to qualifying expenses occurring on or after that date.
Transfers $5 million from the General Fund to the State Capital and Infrastructure Fund for 2021-22, and appropriates the funds to the UNC Board of Governors to provide funds for the planning, development, and construction of the Esports Training and Education Center at NC State University.
Transfers $2.5 million from the General Fund to the State Capital and Infrastructure Fund for 2021-22, and appropriates the funds to the UNC Board of Governors to provides funds for the purchase of a mobile Esports Training and Education Center.
Effective July 1, 2021.
|Intro. by Saine.||GS 105|
Enacts GS 143B-1373.2, establishing the Completing Access to Broadband Fund (CAB Fund) in the Department of Information Technology and authorizes the Secretary of DIT to award grants from the CAB Fund to qualifying projects. Specifies that State funds appropriated to the CAB Fund are considered an information technology project. Directs the Broadband Infrastructure Office (Office) to establish procedures that allow statewide participation in the grant program. Provides for counties to request funding in collaboration with the Office for either a defined eligible project area that is mutually identified by the county and the Office, or for a project that was not awarded a grant in the most recent round of grant awards under GS 143B-1373, which establishes and governs the Growing Rural Economies with Access to Technology (GREAT) program. Details the bid process and priority for awards, including priority to unserved or underserved areas in counties designated as development tier one or two areas or a rural census tract with total employment below a specified threshold; allows the Office to delegate to a county the bid process to select a provider for the project area that meets state law requirements. Requires the Office to develop and administer any agreement entered into pursuant to the statute.
Establishes project funding parameters, calling for the broadband service provider selected to provide at least 35% of the total estimated project cost; the Office to commit up to 35% of the total estimated project cost from the CAB Fund; and the county providing 30% from unrestricted general funds or federal funds. Caps receipt of funds from the CAB Fund at $2 million for a single project and $5 million in aggregate funding for a county in a single fiscal year. Provides for further adjustments to the funding responsibilities, based on either the CAB Fund monies being insufficient, or the county receiving less than $8 million in federal funds. Requires the broadband service provider selected for a project to contract with the Office; specifies required terms. Provides for separate accounting of funding for projects once agreements are executed. Charges the Office with project oversight and disbursement of funds to the broadband service provider upon project completion.
Enacts GS 143B-1373.1, directing the Office to award grants to eligible broadband service providers for subscriptions to unserved households, with awards of up to $1,000 for each satellite broadband subscription or up to $700 for each fixed wireless subscription that meet or exceed specified broadband speeds, and up to $700 for each satellite broadband subscription or up to $500 for each fixed wireless subscription that are below specified broadband speeds. Sets forth defined terms and details application requirements. Provides for the Secretary of DIT to redact proprietary information in an application. Prohibits awards from exceeding the cost of the broadband provider's equipment costs necessary to provide broadband service to the household that has been provided to a subscriber. Conditions grant eligibility on the household maintaining broadband service with the grantee for at least 24 consecutive months. Limits grants to once per address. Requires the grantee to provide the Office annual documentation to verify eligibility.
Requires the grantee to enter into an agreement, specifying 10 required terms, including a provision that the grantee cannot impose data caps upon any eligible subscription for the term of the agreement. Provides for grant reduction, term reduction, or termination of agreement for the grantee's failure to meet or comply with the agreement; provides for recapturing funds upon termination in instances of data manipulation by the grantee. Requires grantees to certify and provide evidence of compliance with broadband speeds and metrics identified in the application are and will be available through the project area during the term of agreement. Conditions receipt of the grant upon the grantee meeting the terms and conditions of the agreement, subject to verification by the Office. Requires the grantee to offer the proposed advertised broadband speeds and subscription cost identified in the application for the duration of the 24 consecutive months of the agreement, subject to verification by the Office as specified.
Amends GS 143B-1373, which establishes and governs the Growing Rural Economies with Access to Technology (GREAT) program. Adds rural census tracts located in development tier three areas to the definition of eligible economically distressed county; excludes from the term counties with a total employment of 500,000 or more, as of January 1, 2020. Revises eligible project to eliminate the qualification that no more than an incidental number of households or business (not to exceed 10% of the total households and businesses within the boundaries of the project area) can have terrestrially deployed internet access service with transmission speeds as previously specified. Expands the authorized uses of grant funds to include providing fixed wireless or satellite broadband service pursuant to new GS 143B-1373.1; requires holding monies appropriated to the GREAT Fund for these grants separately. Revises subsection (c), now deeming ineligible project areas comprised of census blocks within which a broadband provider is receiving funds to deploy terrestrial broadband service (was, receiving matching funds to deploy broadband service) within the next 18 months. Permits qualification of a private provider receiving federal (no longer specifying Universal Service or Connect America Phase II funds) or nonfederal funds to deploy terrestrial broadband service for such an area by submitting specified census block data within 60 days of the application period. Specifies that the provisions of subsection (c) do not deem ineligible a project area in an area where a federal Rural Digital Opportunity Fund grant was awarded to a satellite broadband provider.
Adds the following to subsection (d) Requires inclusion of a project area map using the State broadband maps maintained by DIT with the application. Details requirements of the maps. Now qualifies the right to submit an application protest under subsection (e) upon the broadband service provider providing data to the Office which sufficiently concludes that any area being challenged have broadband service. Reduces the time within which an application must be made publicly available on DIT's website and available for submitting comments from 30 to 20 days prior to award.
Amends subsection (g), which provides for the Office's scoring of project applications. Now requires the addition of points for projects proposing a partnership (was, involving a partnership). Adds new requirements for a proposed partnership be in writing, provide specific terms and conditions, and be signed and attested by the parties. Authorizes a county or nonprofit to enter into proposed agreements with more than one applicant. Changes the scoring to now provide for one point for a proposed partnership that will make available existing infrastructure that has been installed for the partner's enterprise, nonconsumer broadband purposes, or any other property, buildings, or structures owned by the partner, for a proposed project. Gives one point for a county or nonprofit entity that proposes to provide a financial match. Authorizes counties to use unrestricted general funds or federal funding allocated for the purpose of improving broadband infrastructure for a financial match. Provides for two additional points for a proposed partnership where the county's financial match is comprised entirely from federal American Rescue Plan funds. Specifies that counties are not authorized to provide broadband service. Changes the base speed multipliers, now providing multipliers for symmetrical speeds, and speeds up to 100:10 Mbps (was, 25:3 Mbps. Up to 100:10 Mbps).
Adds new subsection (h1) establishing a scale for the award of additional points based on a county's portion of matching funds for the project entirely from the federal American Rescue Plan, for counties receiving $8 million or more, ranging from 1-5 points, and for a county who receives less than $8 million and providing a portion of a project's matching funds using the entirety of the federal funds the county received, ranging from 6 to 7 points.
Revises subsection (i) (effective July 1, 2021) regarding application priority based on point scoring. Adds that for projects where the application includes a proposed partnership, requires the agreement to contain a provision requiring certification of the existence of the partnership prior to disbursement of grant funds. Increases the grant cap from $2 million to $4 million, and no more than $8 million of a combination of grant awards involving any single county in a fiscal year. No longer limits counties to one grant per fiscal year for a project in any one economically distressed county. Now provides that if funds remain available after all top scoring projects have been awarded a grant, then the next highest scoring projects may be awarded a grant even if the project is located in a county where a grant has been awarded in that fiscal year provided the total award associated with that county does not exceed $6 million (was, $2 million) in that fiscal year. Now provides that no more than one-half of the funds appropriated to the fund established in subsection (b) of this section must be disbursed for eligible projects located in a development tier two or tier three county (was, tier two only). Provides that if the Office has not received enough grant applications for projects located in a development tier one county to disburse one-half of the funds appropriated to the fund established in subsection (b) of this section as of March 1 of each year, then the Office may allocate any unencumbered funds in the fund for eligible projects located in a development tier two or tier three county (was, tier two only). Deems any project that is applied for and not funded in an award round under the statute is not be eligible for funding under the Completing Access to Broadband program pursuant to GS 143B-1373.2.
Reduces the matching requirements for grant recipients based on application scoring set forth in subsection (j), now ranging from 30% to 50%. Provides for further reduction for grantees receiving a portion of the matching funds from a county where the county portion is partially or entirely comprised of federal American Rescue Plan funding, ranging from 15% to 25%.
More specifically requires DIT to use up to 1% of State funds appropriated each fiscal year to administer the GREAT program.
Appropriates $400 million for 2021-22 from the funds received by the State under the American Rescue Plan Act to the CAB Fund to be used pursuant to new GS 143B-1373.2.
Appropriates $12 million for 2021-22 from the funds received by the State under the American Rescue Plan Act to the GREAT Fund to be used pursuant to new GS 143B-1373.1.
Appropriates $340 million for 2021-22 from the funds received by the State under the American Rescue Plan Act to the GREAT Fund to be used pursuant to GS 143B-1373.
Allows DIT to use up to 1% of the funds appropriated for administration of broadband grant programs receiving American Rescue Plan Act funds in the act, subject to federal guidelines.
Directs the Office to use the development tier status in the annual ranking by the Department of Commerce for the 2020 calendar year for grant applications submitted through the 2024-25 fiscal year under GS 143B-1373, GS 143B-1373.1, and GS 143B-1373.2, to offset disparate impacts of the COVID-19 pandemic.
Effective July 1, 2021.
Includes whereas clauses.
Amends GS 115C-83.15 to require the State Board of Education (State Board) to award racial and ethnic proportionality scores and a proportionality designation in addition to school achievement, growth, and performance scores and associated grade. Details proportionality score calculation and assignment of a proportionality designation for each school, in order to compare the demographic profile of the school to that of the county in which the school is located. Provides for school proportionality designations from highly proportional to highly disproportional, based on the proportionality score calculated for each school.
Additionally requires the State Board to calculate measures of equality of access for subgroups in each school that serves the minimum number of students in the four subgroups identified in subsection (d1) (subgroups include economically disadvantaged students; students from major racial and ethnic groups; children with disabilities; and English learners) to demonstrate the extent to which each school's population of each subgroup has access to school resources associated with high educational achievement. Specifies calculations the State Board must make regarding participation in or exposure to certain programs and teachers for racial and ethnic subgroups and economically disadvantaged subgroups within a school. Specifies calculations the State Board must make regarding the school and subgroup's average of certain activities and staff ratios for racial and ethnic subgroups and economically disadvantages subgroups within a local school administrative unit.
Details required display of the new data on the annual report card, including indicating progress made by the school or unit towards reducing segregation and providing students with equality of access to school resources associated with high educational achievement.
Appropriates $250,000 from the General Fund to the Department of Public Instruction for 2021-22 to comply with the act.
Makes conforming changes to GS 115C-12 regarding annual report cards. Additionally specifies that identification of military-connected students cannot be used for purposes of determining annual report card scores, including racial and ethnic proportionality scores.
Adds and defines proportionality designation and racial and ethnic proportionality score to the defined terms set forth in GS 115C-83.17.
Effective July 1, 2021. Applies beginning with reports based on data from the 2022-23 school year.
Amends GS 105-129.71(a1) (tax credit for rehabilitated railroad station) making the amount of the tax credit that can be claimed in a year the amount based on the qualifying rehabilitation expenditures associated with the phase of the rehabilitation project put into service that same year. Amends the eligibility requirements by extending the date by which rehabilitation projects must acquire a certificate of occupancy to be eligible for the credit by two years and extending the deadline for being designated as a local landmark to September 1, 2020 (was, June 30, 2019). Makes conforming changes.
Amends GS 105-1129.75 (mill rehabilitation tax credit sunset) by (i) extending the date on which eligibility certifications for mill rehabilitations tax credits expire by two years, (ii) extending the date by which railroad station rehabilitation expenditures must be made by two years, and (iii) extending the deadline to complete a mill rehabilitation and put it into service to be eligible for a tax credit by three years.
Amends GS 105-129.110 (mill rehabilitation tax credit sunset) by extending the expiration dates of the mill rehabilitation tax credit by three years.
|Intro. by Riddell, Adams, Richardson, Winslow.||GS 105|
Authorizes a county to identify an eligible area, defined (among other things) as a discrete area within the county that does not have access to broadband service and borders an area within the county that presently has access to broadband service, to coordinate with a qualified private provider in the State to expand broadband service to unserved households. Details a bidding process to contract with a qualified private provider. Allows counties to initiate a bid process with a qualified private provider and specifies required elements of an application by a qualified private provider, including a detailed outline of the project.
Allows a county to select from among the bid proposals and contract with one or more providers, subject to the required terms of the agreement identified, including the provider agreeing to maintain service in the eligible area for at least 10 years from project completion. Sets parameters for prioritizing bids based on broadband speeds provided by the provider. Requires the county to provide colocation with its existing infrastructure for a project at no cost to the provider. Allows for bid awards to allow for progress payments to the provider upon completing benchmarks identified in the agreement. Establishes matching requirements for counties of the bid amount, based on development tier and the fund balance's percentage of the county budget, ranging from 10% to 50% match.
Establishes the County Broadband Deployment Fund as a special revenue fund in the Office of State Budget and Management (OSBM). Restricts use of monies in the Fund to bid award agreements between counties and qualified private providers. Authorizes OSBM to allocate funds to the county at 50% of the bid amount, minus the county matching requirement. Caps receipt of monies from the Fund at $2 million per county.
Appropriates $25 million from the General Fund to the Fund for 2021-22 to be allocated to counties pursuant to the act.
Effective July 1, 2021.
|Intro. by Gillespie, Saine, Farkas, Wray.||APPROP, UNCODIFIED|
Includes whereas clauses.
Enacts GS 115C-316.5, appropriating specified amounts from the General Fund to the Department of Public Instruction for 2021-22, 2022-23, 2023-24, 2024-25, and 2025-26 and each subsequent fiscal year thereafter. Requires the Director of Budget to include the appropriated amounts for each fiscal year specified when developing the base budget. Requires allocation of the appropriations to local school administrative units to increase positions for school counselors, school social workers, and school psychologists to meet specified statewide ratios for each during each fiscal year, with ratios set at 1:250 students for counselors, 1:400 students for social workers, and 1:700 students for psychologists by 2025-26.
Provides for school counselors who are licensed clinical mental health counselors to receive a salary supplement each month for the 2021-22 fiscal year of 10% of their monthly salary on the "A" Teachers Salary Schedule. Defines school counselor as licensed personnel of public schools who are classified as school counselors.
Appropriates $18.8 million in recurring funds from the General Fund to the Department of Public Instruction for 2021-22 to provide compensation increases for school counselors pursuant to the act.
Effective July 1, 2021.
|Intro. by Brown, Cunningham, Carney, A. Baker.||APPROP|
Appropriates $181,000 in recurring funds from the General Fund to the Department of Health and Human Services (DHHS) for 2021-22 and again for 22-23 to create two positions at the associate director level or higher to oversee local management entities/managed care organizations (LME/MCO). Directs the positions to work to ensure LME/MCO’s operate efficiently to serve the maximum number of individuals and to compile and present information on how DHHS funds LME/MCO’s. Effective July 1, 2021.
|Intro. by K. Smith, Gailliard.||APPROP|
Appropriates $8,677,844 in in recurring funds from the General Fund to the Department of Justice (DOJ) for the 2021-2022 fiscal year to be used as follows:
(1) $1,000,000 to hire eight additional criminal appellate attorneys;
(2) $663,579 for costs associated with the Criminal Justice Fellows Program (Fellowship) (GS 17C-21);
(3) $3.1 million to cover a recurring shortfall in the DOJ budget;
(4) $1.4 million to hire 10 additional attorneys to handle DOJ’s civil caseload;
(5) $158,265 to hire one additional Certification Specialist/Investigator I to assist the North Carolina Sheriff’s Standards Commission with implementing the requirements of GS 17E-7(c2) (requiring compliance with standards for municipal police agency telecommunicators);
(6) $156,000 to hire one Networking Security Officer to protects critical data in the possession of DOJ; and
(7) $2.2 million to cover a shortfall in the North Carolina Criminal Justice Education and Training Standards Commission (Commission) resulting from COVID-19.
Amends GS 7A-304(a) (court costs in criminal cases) by:
(1) Eliminating the $3 court fee assessed in criminal cases and remitted to DOJ for the Commission;
(2) Increasing court costs in criminal cases by $3 resulting in costs of $150.50 in district court and $157.50 in superior court; and
(3) Setting the court fee for a person with a first appearance in district court and a felony conviction in superior court to $305.
Repeals GS 17C-20(5) (Commission, definition of “eligible county”)
Amends GS 17C-22 (establishing the Fellowship) by making conforming changes to remove references to the term “eligible county.”
Amends GS 17C-23(b) (Commission, Forgiveness of Fellowship loans) by making conforming changes to remove references to the term “eligible county”.
Effective July 1, 2021, and applies to court costs assess on or after that date and applications for the Fellowship received on or after that date.
Appropriates $9 million in non-recurring funds from the General Fund to the Department of Justice (DOJ) for the 2021-2022 fiscal year to be used for costs associated with testing sexual assault evidence kits.
Also appropriates $1.2 million in recurring funds for the 2021-2022 fiscal year to be used for costs associated with the increased number of sexual assault evidence kits submitted to the State Crime Lab.
Effective July 1, 2021.
|Intro. by Faircloth, Boles.||APPROP|
Appropriates $10 million in additional recurring funds from the General Fund to the UNC Board of Governors for the 2020-2021 fiscal year to support doctoral programs at North Carolina Central University, including new faculty and graduate student services.
Appropriates $6 million in recurring funds from the General Fund to the UNC Board of Governors for the 2021-2022 fiscal year to be allocated to North Carolina Central University with half allocated to support operations of the Biomanufacturing Research Institute and Technology enterprise and half allocated to expenses for operation and repair of the Julius L. Chambers Biomedical Biotechnology Research Institute.
Effective July 1, 2021.
|Intro. by Hawkins.||APPROP|
Appropriates $20 million in additional recurring funds from the General Fund to the Board of Governors of the University of North Carolina (UNC) for 10 fiscal years, beginning with the 2021-2022 fiscal year, to be allocated to (i) North Carolina Central University, (ii) North Carolina Agricultural and Technical University, (iii) Fayetteville State University, (iv) Winston-Salem State University, (v) Elizabeth City State University, and (vi) UNC-Pembroke, which may be used for faculty recruitment, scholarships, course development, and operational support.
Establishes the Historically Minority-Serving Institutions Board (Board) within the UNC System Office and establishes Board membership to include:
(1) Seven members appointed by the President Pro Tempore of the Senate, three who are legislators and four who attended or graduated from a minority serving institution within the UNC System,
(2) Seven members appointed by the Speaker of the House of Representatives, three who are legislators and four who attended or graduated from a minority serving institution within the UNC System, and
(3) Three members appointed by the Governor, including one who is designated as the chair and one who attended or graduated from a minority-serving institution within the UNC System.
Directs the Board to study strategies and actions to increase rates of enrollment, retention, and graduation from historically minority serving institutions within the UNC System. Also directs the Board to study (i) disparities in funding formulas for minority serving institutions in the UNC System, with specific emphasis on educator preparation program funding, and (ii) the historical gap in funding for minority serving institutions within the UNC System.
Provides that the Board meets at the call of the chair, a quorum is nine members, and vacancies are filled by the appointing authority.
Directs the UNC System Office to provide meeting space, administrative support, and equipment/supplies for the Board.
Provides that Board members may receive appropriate per diem, subsistence, and travel allowances.
Directs the Board to submit preliminary findings to the UNC Board of Governors and the Joint Legislative Education Oversight Committee by December 15, 2022, and a final report by March 15, 2023. Provides the Board will terminate on the earlier of March 15, 2023, or filing of the Board’s final report.
Amends GS 116-209.62 [establishing the North Carolina Teaching Fellows Program (Program)] by (i) allowing up to 10 (was, eight) institutions to participate in the Program and (ii) requiring at least one participating institution be a Historically Black College or University within the UNC System and at least one be a historically American Indian institution within the UNC System. Makes conforming changes.
Effective July 1, 2021, and amendments to GS 116-209.62 apply beginning with the 2022-2023 academic year.
The Daily Bulletin: 2021-05-12
Senate amendment amends the 2nd edition as follows.
Further amends GS 51-2, raising the legal age to marry from 14 to 16. Additionally requires persons under 18 to file with the register of deeds a certified copy of an order issued by a district court authorizing the marriage as provided in GS 51-2.1, as amended, prior to being issued a marriage license. Makes conforming changes; changes the section's title.
Makes conforming changes to GS 51-2.1 to eliminate provisions regarding marriage by persons under 16. Specifies that a district court judge can issue an order authorizing a marriage between a person 16 years of age and under 18 years of age, to a person no more than four years older (age difference limitation previously proposed) upon making required findings.
Makes conforming changes to GS 51-3, regarding capacity to marry and void marriages.
Changes the act's long title.
|Intro. by Sawyer, Britt, Foushee.||GS 51|
Senate amendment makes the following changes to the 3rd edition.
Revises the proposed changes to GS 14-233, which expands the penalties relating to the offense of resisting an officer, no longer defining the term physical injury. Amends the proposed Class I felony for resisting, delaying or obstructing a public officer in discharging an official duty to require it to be the proximate cause of an officer's serious injury (was, physical injury).
|Intro. by Britt, Daniel, Lee.||STUDY, GS 14, GS 15A, GS 17A, GS 17C, GS 17E, GS 20, GS 74E, GS 74G, GS 93B, GS 114, GS 122C, GS 132, GS 143B, GS 150B, GS 153A, GS 160A|
Senate amendment to the 2nd edition makes the following changes.
Makes a technical change to proposed GS 153A-82 (concerning counties) and GS 160A-148 (concerning cities), which require county and city managers to receive specified education upon certain occurrences, to include the occurrence of the county or city's receipt of a unit letter from the Local Government Commission due to a deficiency in complying with GS Chapter 159, which governs local finance (previously referenced each respective GS Chapter, 153A and 160A).
Senate amendments make the following changes to the 1st edition.
Senate amendment #1 adds to the exemptions set forth for the new requirement of GS 143-341, directing the Department of Administration to use seeds and plants classified as native to the state on all land owned or leased by the State or a State agency, plantings for wildlife by the Wildlife Resources Commission.
Senate amendment #2 revises the proposed changes to GS 136-18(9), which require the Department of Transportation to use seeds and plants classified as native to the state in highway rights-of-way, to allow DOT to use nonnative grasses and seeds for the purpose of soil and slope stabilization for erosion control.
Senate amendment makes the following changes to the 2nd edition.
Adds to the effective date provisions of Section 2.1, which amends various statutes of GS Chapter 135 relating to the contribution-based benefit cap adjustments of the Teachers' and State Employees' Retirement System. Makes the provisions apply retroactively to retirements occurring on or after January 1, 2019, provided that for any retirements occurring on or after January 1, 2019, through the date the act becomes law, for which the Retirement System has notified an employer of its liability under GS 135-8(f)(2)f., no additional employer can be liable for an additional contribution.
The Daily Bulletin: 2021-05-12
House amendment to the 1st edition expands the scope of the act so that it is also applicable to Durham Public Schools. Makes conforming changes to the act's titles.
House committee substitute to the 2nd edition makes the following changes. Adds that for the purposes of this act, a residential street is defined as: (1) a street less than one mile long that does not connect thoroughfares or major traffic generators and does not collect traffic from more than 25 dwelling units or (2) a loop street less than 2,500 feet long. Provides that the speed limits set in the act are effective when appropriate signs are erected giving notice of the speed limit.
|Intro. by Hawkins, Alston, Morey, Reives.||UNCODIFIED, Durham|
The Daily Bulletin: 2021-05-12
AN ACT REMOVING THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWNS OF BELVILLE AND WINGATE, REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF SURF CITY, AND REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF ASHEBORO. SL 2021-21. Enacted May 12, 2021. Effective May 12, 2021, except as otherwise provided.
|Intro. by Johnson.||Mecklenburg, Orange, Pitt, Wake, Watauga|
Senate amendment to the 2nd edition makes the following changes. Expands the scope of the act so that it is also applicable to Orange County, Wake County, Winston-Salem, Fuquay-Varina, and Holly Springs, in addition to the already included Durham County. Makes conforming changes, including amending the act's titles.
Actions on Bills: 2021-05-12
H 7: PROTECT CITY EMPLOYEES FROM RETALIATION.
H 47: ELECTED OFFICIALS CONCEALED CARRY. (NEW)
H 96: ALLOW PHARMACISTS TO ADMIN. INJECTABLE DRUGS.
H 109: CREATE PRETRIAL RELEASE STUDY COMMITTEE.
H 120: RESTRICT LOCAL SALES TAX/SCHOOL CONSTRUCTION. (NEW)
H 123: MISDEMEANORS/MANDATE FIRST APPEARANCES.
H 169: STATE HEALTH PLAN DATA TRANSPARENCY.-AB
H 175: RET. & TREASURY TECH. CORRECTIONS ACT OF 2021.-AB
H 177: EXTEND SPIKING MORATORIUM/LGERS SURETY. (NEW)
H 178: ACCESS TO PRESCRIPTION DRUG COST INFORMATION.
H 195: CRIMINAL FALSIFICATION OF MEDICAL RECORDS.
H 200: LIFETIME CONCEALED HANDGUN PERMIT.
H 211: SOCIAL DISTRICT/COMMON AREA CLARIFICATIONS. (NEW)
H 213: KELSEY SMITH ACT.
H 232: LRC STUDY- AFFORDABLE HOUSING.
H 234: ASSAULT LEO/REQUIRE DESTRUCTION OF FIREARM.
H 324: ENSURING DIGNITY & NONDISCRIMINATION/SCHOOLS. (NEW)
H 336: ADOPT OSPREY STATE RAPTOR.
H 359: DRIVER ELIGIBILITY CERT. WAIVER & RESTORE. (NEW)
H 361: APA RULES REVIEW DEFINITIONS.
H 383: MEDICAID MODERNIZED HOSPITAL ASSESSMENTS.
H 392: RET. SVC. PURCHASE/OMITTED MEMBERSHIP SERVICE.
H 402: BEGIN MODERNIZING IGNITION INTERLOCK LAWS.
H 415: UPDATE CHIROPRACTIC LAWS.
H 435: SPECIAL REGISTRATION PLATES. (NEW)
H 461: STATE AUDITOR CLARIFYING AMENDMENTS.
H 496: PROPERTY OWNERS' RIGHTS/TREE ORDINANCES.
H 522: MODIFY SERVICE/RELEASE OF ALTERNATE JURORS.
H 524: ORAL CHEMO TREATMENT ACCESS DURING PANDEMIC.
H 544: REVISE ANIMAL FIGHTING LAWS.
H 561: LOCAL CONFINEMENT FACILITY INSPECTION APPEALS.
H 581: DRIVERS LICENSE DESIGNATION/AUTISM.
H 584: VET. POSTTRAUMATIC STRESS/MITIGATING FACTOR.
H 599: VETS/MIL. FREE ADMISSION STATE ATTRACTIONS.
H 600: CLARIFY OCCANEECHI BAND OF SAPONI NATION.
H 604: OPTIONAL COURTESY SAFETY CALL/CHILD CARE. (NEW)
H 621: INCREASE DROPOUT AGE/COMPLETION INDICATOR.
H 626: FORENSIC MEDICAL EXAMINATION COSTS/REVISIONS.
H 642: DOWN SYNDROME ORGAN TRANS. NONDISCRIM. ACT.
H 646: DENTAL CARE ACT.
H 647: ENHANCED IN-SERVICE RETIREMENT FOR LEOS.
H 648: EMER. CARE/ANIMALS/VET. PRACTICE.
H 669: DISTRIBUTE ALCOHOL WITHOUT DISCRIMINATION.
H 671: CHANGE STATE MAMMAL TO BLACK BEAR.
H 672: JPS OVERSIGHT COMM. STUDY--DNA PRESERV. (NEW)
H 673: JPS OVERSIGHT COMM. STUDY--TRAFFIC STOP DATA. (NEW)
H 676: NEW ARCHITECT RECRUITMENT ACT.
H 683: PRESCRIPTION DRUG DISPOSAL/JOHN'S LAW.
H 685: ELECTRONIC TRANSACTION FEES/OFFICIAL FEES.
H 694: FIRST RESPONDERS/HEALTH CARE POAS REQUIRED. (NEW)
H 695: MODIFY CHARITABLE SOLICITATION LICENSING LAWS.
H 699: ELDER ABUSE & NEGLECT/INCREASE PUNISHMENT.
H 703: BREAST CANCER DIAGNOSTIC IMAGING PARITY.
H 704: LOCAL OPTION SALES TAX FLEXIBILITY.
H 712: PRESERVATION OF WORKFORCE HOUSING.
H 718: LICENSURE REQS. COSMETIC ART.
H 729: CHARTER SCHOOLS OMNIBUS.
H 731: ADD'L PATH TO NC EARLY CHILDHOOD CREDENTIAL. (NEW)
H 733: EXTEND TERMS/NC RARE DISEASE ADVISORY COUNCIL.
H 734: DEPT. OF HEALTH & HUMAN SERVICES REVISIONS.
H 735: MINIMUM CONTRACTS/COASTAL DREDGING SERVICES.
H 736: TIMELY UPDATES TO NEWBORN SCREENING PROGRAM.
H 738: RECODIFICATION OF CRIMINAL LAWS.
H 740: DEFINED MERGING AREAS/ZIPPER MERGE.
H 741: LINE OF DUTY DEATH BENEFITS FOR 911 OPERATORS.
H 743: REMOVE ID MARK/INCREASE PUNISHMENT.
H 746: POW/MIA FLAGS/STATE BLDGS & SCHOOLS.
H 756: STATE AS A MODEL EMPLOYER/IDD.
H 768: 2022 ABC OMNIBUS. (NEW)
H 769: FOSTER PARENTS' BILL OF RIGHTS.
H 801: GAME NIGHTS/RESIDENTIAL CENTERS.
H 812: CLARIFY REMOTE MEETINGS DURING EMERGENCIES.
H 813: PROHIBIT STATE AGENCIES PAYMENT OF RANSOMWARE.
H 814: NEIGHBORHOOD OCCUPANTLESS VEHICLE.
H 820: CONSTRUCTION CONTRACT CHANGES.
H 823: CHILD ADVOCACY CENTERS/SHARE INFORMATION.
H 825: CHARTER SCHOOL ADVISORY BD. MEMBER CHANGES.
H 829: CHAPTER 160D TECHNICAL CORRECTION. (NEW)
H 842: CLARIFY DEED RESTRICTIONS/SOLAR COLLECTORS.
H 844: UTILITIES/LANDLORD WATER RESELLER CHANGES.
H 851: CLARIFY ANIMAL WELFARE STATUTES.
H 854: LAND USE CLARIFICATIONS. (NEW)
H 869: STATE BAR GRIEVANCE PROCESS/ETHICS RECORDS. (NEW)
H 878: SCHOOLS FOR THE DEAF/ADMINISTRATION.
H 885: MODERNIZE SEWER OVERFLOW NOTIFICATION.
H 890: ABC OMNIBUS LEGISLATION.
H 900: SUPPORT LUMBEE RECOGNITION ACT.
H 927: FUNDS FOR WNC OUTDOOR ORGANIZATIONS.
H 928: OPIOID OVERDOSE PREV. PILOT PROGRAM/FUNDS.
H 929: NORTH CAROLINA MEDICAL CANNABIS ACT.
H 930: BIRTH CERTIFICATE INFORMATION.
H 931: FUNDS FOR MUSEUM OF WNC.
H 932: BODY-WORN CAMERA RECORDINGS.
H 933: ALARM SYSTEMS LICENSING ACT/REVISIONS.
H 934: STUDENT SUCCESS PROGRAM.
H 935: HP FURNITURE MARKET PANDEMIC FUNDS.
H 936: SUPPORT FOR NORTH CAROLINA TRAILS/GREENWAYS.
H 937: AUTOMATIC POLICE BODY CAM ANALYSIS.
H 938: REDUCE FOOD WASTE IN NORTH CAROLINA.
H 939: FOOD WASTE REDUCTION ACT.
H 940: IRC UPDATE.
H 941: REV LAWS TECH, CLARIFYING, AND ADMIN CHANGES.
H 942: GREEN SCHOOLS SAVE MONEY.
H 943: FUNDS TO SUPPORT WESTERN NORTH CAROLINA IHES.
H 944: FIREFIGHTER & RSW SEP. ALLOWANCE & TRUST FUND.
H 945: ESPORTS INCENTIVE PROGRAM.
H 946: SOUND BASIC EDUCATION FOR EVERY CHILD.
H 947: THE G.R.E.A.T. BROADBAND EXPANSION ACT.
H 948: ADD SEGREGATION SCORE TO SCHOOL REPORT CARDS.
H 949: REHABILITATION TAX INCENTIVE.
H 950: EXPAND BROADBAND-UNSERVED/UNDERSERVED AREAS.
H 951: ENERGY SOLUTIONS FOR NORTH CAROLINA. (NEW)
H 952: MENTAL HEALTH TRIAGE UNIT PILOT PROGRAM.
H 953: FUNDS FOR SCH. MENTAL HEALTH SUPPORT PERSONS.
H 954: VIDEO LOTTERY ENTERTAINMENT. (NEW)
H 955: INDIVIDUAL AND FAMILIES RECOVERY ACT.
H 956: OUTDOOR HERITAGE COUNCIL FUNDS.
H 957: AUTHORIZE BROADBAND COOPERATIVES.
H 958: HIRE NC WORKERS.
H 959: BAN SINGLE-USE AND NON-RECYCLABLE PRODUCTS.
H 960: CAREER PATH OPTIONS TRANSPARENCY ACT.
H 961: OVERSIGHT OF LME/MCOS/NEW FTES WITHIN DHHS.
H 962: DOJ BUDGET REQUEST & CRIMINAL JUSTICE FELLOWS.
H 963: DOJ BUDGET REQUEST & SAECKS.
H 964: FUNDS FOR NCCU PROGRAMS.
H 965: SBIR/STTR INCENTIVE MODIFICATIONS.
H 966: HBCU/HMSI FUNDS/ADV. BD./TEACHING FELLOWS.
H 967: UNC/CC/HUNGER FREE CAMPUS INITIATIVE.
H 968: DRIVE RECOMMENDATIONS/TEACHER DIVERSITY.
H 969: SMALL BUSINESS TRUTH IN FINANCING.
S 35: MAX 4-YR AGE DIFF TO MARRY UNDER 18 YRS. (NEW)
S 103: REDUCE REG. TO HELP CHILDREN WITH AUTISM.
S 219: SURVEYOR LIC. & ED. REQ'S/CONSTR. CONTRACT REV'S. (NEW)
S 265: BOND INFO TRANSPARENCY/LGC TOOLKIT II. (NEW)
S 273: CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM ACT.
S 299: NCDOI NAIC ACCREDITATION.-AB
S 300: CRIMINAL JUSTICE REFORM.
S 311: NO WAITING PERIOD UNDER LGERS/VFDF GRANTS. (NEW)
S 314: LOCAL GOV COMMISSION ASSISTANCE TOOLKIT. (NEW)
S 316: GEN. CONTRACTORS/PLUMBING/ELECTR. EXEMPT.
S 336: CONDO ACT/RESTITUT'N/MARKET. TITLE ACT CHANGES. (NEW)
S 342: CLARIFY MOTOR VEHICLE FRANCHISE LAWS.
S 343: REVISE VEHICLE SALE LAWS.
S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)
S 374: AUTH. USE OF BLUE LIGHTS ON FIRE APPARATUS.
S 375: CADC SUPERVISION REQS.
S 379: ISSUANCE OF UNREGISTERABLE CERT. OF TITLE.
S 405: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
S 408: RURAL HEALTHCARE ACCESS & SAVINGS PLAN ACT. (NEW)
S 425: GAP AND VVPA AGREEMENT CHANGES.
S 429: COMM. RECEIVERSHIP AND REAL PROPERTY AMENDS.
S 448: AMENDMENTS TO SCHEDULE VI OF THE CSA.
S 450: VARIOUS EDUCATION CHANGES. (NEW)
S 453: MODERNIZE ABC CONTROLS. (NEW)
S 458: REINSTATE MTN ISLAND LAKE MARINE COMMISSION.
S 488: CONSUMER PROTECTION- INVOICE ADVERTISEMENTS.
S 490: LICENSE TO WORK.
S 496: DOI OMNIBUS BILL. (NEW)
S 507: MODIFY BUSINESS CORPORATION ACT.
S 554: ENCOUR. AFFORDBLE HOUSING/SHIPPING CONTAINERS.
S 575: PHARMACISTS IMPROVE PUBLIC HEALTH NEEDS.
S 580: DENTAL PRACTICE ACT REVISIONS/HIE EXEMPTION. (NEW)
S 582: HIGH SCHOOL ADJUNCT INSTRUCTORS/CC PREP.
S 593: SCHOOLS FOR THE DEAF AND BLIND. (NEW)
S 594: MEDICAID ADMIN. CHANGES & TECH. CORRECTIONS.-AB
S 605: NORTH CAROLINA FARM ACT OF 2021.
S 628: NATIVE PLANTS RIGHT TO WORK ACT.
S 636: DONOR PRIVACY.
S 650: CLARIFY AUTO DEALER LAWS GOVERN RV SALES.
S 668: ANTI-PENSION SPIKING AMDS & LITIG. MORATORIUM.
S 693: EXPEDITE CHILD SAFETY AND PERMANENCY.
S 695: VARIOUS EDUCATION CHANGES. (NEW)
Actions on Bills: 2021-05-12
H 185: SCHOOL CALENDAR FLEXIBILITY/CERTAIN COUNTIES. (NEW)
H 199: MOORESVILLE TOURISM DEVELOPMENT AUTH. CHANGE.
H 204: HERTFORD COUNTY OCCUPANCY TAX.
H 206: LOUISBURG ECONOMIC DEVELOPMENT INITIATIVE.
H 226: SCHOOL CALENDAR FLEX/MECKLENBURG COUNTY.
H 248: SPRING LAKE CHARTER AMENDMENT.
H 276: ADJUST HIGH SCHOOL ATHLETICS CONF./ONSLOW.
H 322: LIMIT ABC LICENSE REQUIREMENTS.
H 350: WARREN COUNTY OCCUPANCY TAX.
H 365: ASHEVILLE AIRPORT/PITT CONTRACTED AMBULANCES. (NEW)
H 375: FRANKLINVILLE/LIBERTY/RAMSEUR/ANNEXATIONS.
H 378: DURHAM/REDUCE SPEED LIMITS.
H 397: YANCEY COUNTY OCCUPANCY TAX INCREASE.
H 412: MAGGIE VALLEY/CANTON OCCUPANCY TAX. (NEW)
H 443: INDIAN TRAIL/STALLINGS OCCUPANCY TAX AUTH.
H 445: SCHOOL CALENDAR FLEXIBILITY/CHATHAM COUNTY.
S 74: TOWN OF CHAPEL HILL CHARTER/INVESTMENTS.
S 145: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.
S 171: BELVILLE/WINGATE SAT. ANNEX./OTHER DEANNEX. (NEW)
S 221: LOCAL GOVT. BD OF ADJUST. VIRTUAL MTGS. (NEW)
S 294: FAYETTEVILLE PWC/SMALL BUSINESS ENTERPRISE.
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