The Daily Bulletin: 2021-06-16

The Daily Bulletin: 2021-06-16

PUBLIC/HOUSE BILLS
H 20 (2021) 1998 CLEAN WATER BOND ADD'L CONNECTIONS. Filed Jan 27 2021, AN ACT TO EXPAND THE TYPE OF DEVELOPMENT CONNECTIONS TO WATER SUPPLY LINES FUNDED BY THE CLEAN WATER AND NATURAL GAS CRITICAL NEEDS BOND ACT OF 1998.

AN ACT TO EXPAND THE TYPE OF DEVELOPMENT CONNECTIONS TO WATER SUPPLY LINES FUNDED BY THE CLEAN WATER AND NATURAL GAS CRITICAL NEEDS BOND ACT OF 1998. SL 2021-37. Enacted June 16, 2021. Effective June 16, 2021, and applies to requests for waivers to allow additional water lines submitted on or before that date.

Intro. by Sasser, Moss.UNCODIFIED
H 96 (2021) ALLOW PHARMACISTS TO ADMIN. INJECTABLE DRUGS. Filed Feb 16 2021, AN ACT TO AUTHORIZE IMMUNIZING PHARMACISTS TO DISPENSE, DELIVER, AND ADMINISTER CERTAIN TREATMENT AND MEDICATIONS AND TO REQUIRE PARENTAL CONSENT FOR ADMINISTRATION OF VACCINES UNDER AN EMERGENCY USE AUTHORIZATION TO A MINOR.

Senate committee substitute deletes the content of the 2nd edition and replaces it with the following.

Includes whereas clauses. 

Adds to the authorities granted to immunizing pharmacists under GS 90-85.15B as follows. Authorizes the administration of vaccinations approved by the FDA in accordance with the protocols established by the Advisory Committee on Immunization Practices to persons at least six years old pursuant to a specific prescription order initiated by a prescriber following a physical exam of the patient by the prescriber (currently limited to administration of flu vaccines). Enacts new subsection (c2), listing five categories of medications an immunizing pharmacist can order, dispense, deliver, or administer, including FDA-approved nicotine replacement therapy, self-administered or transdermal contraceptives subject to specified requirements and limitations, and post-exposure prophylaxis medications for the prevention of human immunodeficiency virus. Enacts new subsection (c3), allowing an immunizing pharmacist to administer to a patient any described, self-administered injectable medication. Enacts new subsection (d1), establishing requirements for immunizing pharmacists who order, dispense, deliver, or administer a medication listed in new subsection (c2) to a patient, including maintaining a record of medication administered to the patient; notifying any PCP identified by the patient within 72 hours after administration, or if none identified, furnishing information regarding PCPs; furnishing patient records to the patient upon request; furnishing patient records to the PCP identified by the patient upon request by the PCP; and counseling the patient about preventative care if hormonal contraceptives were administered or dispensed. Enacts new subsection (e), conditioning the immunizing pharmacist's authority under new subsection (c2) upon the NC Medical Board and the NC Board of Pharmacy (Boards) having adopted jointly developed rules governing the approval of the individual immunizing pharmacist to order, dispense, deliver, or administer the mediations with limitations determined by the Boards to be in the best interest of patient health and safety; the immunizing pharmacist's current approval from both Boards; and the immunizing pharmacist's provision of contact information of the pharmacy and the pharmacist on any communication with a prescriber. Applies to immunizing pharmacists, pharmacy technicians, and pharmacy interns on or after February 1, 2022. 

Further amends GS 90-85.15B, amending subsection (c1) to allow immunizing pharmacists to administer long-acting injectable medications, specifically including testosterone injections and vitamin B12, to persons 18 or older pursuant to a specific prescription order initiated by a prescriber following an exam of the patient that conforms to the standards of acceptable and prevailing medical practice by the prescriber (was, following a physical exam of the patient by the prescriber). Adds to the requirements of the immunizing pharmacist administering such medications the requirement to notify the prescriber of the medication if the medication was not administered to the patient within 72 hours of receipt of the specific prescription. Effective October 1, 2021.

Further amends GS 90-85.15B, enacting new subsection (b1) to allow immunizing pharmacists, and pharmacy interns and pharmacy technicians under the supervision of an immunizing pharmacist if related continuing pharmacy education requirements are met, to administer the flu vaccine, FDA-approved COVID-19 vaccines, and COVID-19 vaccines authorized under an emergency use authorization by the FDA to persons 10 or older. Also authorizes immunizing pharmacists to administer the flu vaccine, FDA-approved COVID-19 vaccines, and COVID-19 vaccines authorized under an emergency use authorization by the FDA to persons 6 or older pursuant to a specific prescription order initiated by a prescriber following a physical exam of the patient by the prescriber. Effective September 1, 2021.

Directs the Boards' joint subcommittee to develop statewide written protocols and amend existing rules and protocols to encompass the new authorized treatments and practices as authorized by the act and to develop a statement of ethics for immunizing pharmacists. Directs the Boards' joint subcommittee to adopt rules to govern the administration of vaccines by pharmacy technicians as authorized by the act. Effective October 1, 2021.

Directs the State Health Director to issue a standing order authorizing immunizing pharmacists to dispense, deliver, and administer medication described in GS 90-85.15B(c2), as enacted, which remains in effect until the later of the development of the statewide protocols or January 1, 2023.

Changes the act's long title. 

Intro. by Sasser, Setzer, White, Adcock.GS 90
H 139 (2021) SOIL SCIENTIST/ON-SITE WASTEWATER CERT. BD. Filed Feb 23 2021, AN ACT TO ADD A LICENSED SOIL SCIENTIST TO THE ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION BOARD.

AN ACT TO ADD A LICENSED SOIL SCIENTIST TO THE ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION BOARD. SL 2021-38. Enacted June 16, 2021. Effective July 1, 2021. 

Intro. by Brody.GS 90A
H 159 (2021) EDUCATION LAW CHANGES.-AB Filed Feb 24 2021, AN ACT TO MAKE VARIOUS CHANGES TO EDUCATION LAWS.

Senate committee substitute makes the following changes to the 4th edition.

Part I.

Deletes part of the proposed changes to GS 115C-302.1(b), which eliminated the deadline for a teacher to request 12 salary installment payments and eliminated the prohibition from teachers employed less than 10 months from receiving their salaries in 12 installments. Maintains the new requirement for local administrative units to fulfill the requirement for installment payments through a payroll deduction plan. 

Adds to the proposed changes to GS 115C-316(a)(2), regarding payment of school employees, to similarly direct local administrative units to fulfill the requirements for installment payments for eligible employees who so request through a payroll deduction plan. Makes further clarifying and technical changes.

Part II.

Amends the proposed changes to Section 2.3 of SL 2020-80 to further extend the due date of the State Board of Education's (SBE) report to the specified NCGA committee on unpaid meal charges in local school administrative units from October 15, 2022, to October 15, 2023. Eliminates the proposed changes that would have allowed, beginning June 30, 2021, the funds transferred from the School Bus Replacement Fund to the State Public School Fund to provide free school lunches to students of all grade levels qualifying for reduced-price meals to be used in 2021-22 in addition to 2020-21. 

Part III.

Revises the proposed changes to GS 115C-450 regarding school food services. Now prohibits public school units that provide school nutrition services from assessing indirect costs to a school nutrition program unless the program has an operating balance of at least two months (was, at least three months).

Part IV.

Eliminates the previous content of Part IV., which made, for the 2020-21 school year, any student in the 12th grade who has not completed instruction in cardiopulmonary resuscitation eligible to graduate if two criteria are met; Part V., which amended GS 115C-105.57 to require that public school units report to the Center for Safer Schools (Center) annually regarding school resource officers as part of the Center's annual census of school resource officers, and required the Center to compile the information submitted by the public school units and report that information at the statewide and local levels to the already specified entities; Part VII., which amended GS 115C-270.20 to require that a professional educator who meets the requirement of the statute for a lifetime license as a professional educator be issued a lifetime license; and Part VIII., which made various amendments to Article 6C (concerning the Education and Workforce Innovation Program) of GS Chapter 115C. Makes conforming organizational changes to renumber the remaining parts and sections of the act.

Part XI.

Changes the deadline by which the Department of Public Instruction must administer the proposed bonus payment to teachers employed as of April 1, 2021, in a school for students with visual and hearing impairments from April 30, 2021, to 30 days after the date the act becomes law. 

Intro. by Torbett, Blackwell.APPROP, GS 115C
H 203 (2021) EXTEND DEADLINE FOR POLICE TELECOMMUNICATORS. Filed Mar 2 2021, AN ACT TO EXTEND THE DEADLINE FOR CERTIFICATION OF POLICE TELECOMMUNICATORS.

AN ACT TO EXTEND THE DEADLINE FOR CERTIFICATION OF POLICE TELECOMMUNICATORS. SL 2021-34. Enacted June 16, 2021. Effective June 16, 2021.

Intro. by Faircloth, McNeill, C. Smith, Greene.GS 17E
H 335 (2021) TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS. Filed Mar 17 2021, AN ACT TO REVISE REQUIREMENTS REGARDING THE TRANSFER OF FUNDS FROM A LOCAL SCHOOL ADMINISTRATIVE UNIT TO A CHARTER SCHOOL TO INCENTIVIZE THE TIMELY TRANSFER OF FUNDS.

Senate committee substitute to the 4th edition amends the bill as follows:
(1) Makes the 5% late fee in G.S. 115C-218.105 applicable to the full amount (as opposed to the undisputed amount) of the per pupil share of the local current expense fund not transferred to charter schools within 15 days;
(2) Adds the provision that local school administrative units are not subject to late fees and interest on the per pupil share of the local current expenditure fund charter schools are not entitled to under GS 115C-218.105(c) or on the per pupil share of the local current expenditure fund for students whose information on the enrollment verification and transfer request documentation is materially incorrect;
(3) Clarifies that the local school administrative unit has an additional 30 days to transfer the per pupil share of the local current expenditure fund in any month in which a charter school fails to provide the required information in the enrollment verification and transfer request documentation;
(4) Adds date of charter enrollment, date of charter withdrawal, and district of residence to the information required in the charter enrollment and transfer request documentation; and
(5) Adds a provision expressly permitting local school administrative units to delay the transfer of disputed amounts of the per pupil share of the local current expenditure fund requested by charter schools.

Intro. by Bradford, Riddell, Hardister, Saine.GS 115C
H 602 (2021) UNC LEGISLATIVE PRIORITIES/HR/REPORTS. Filed Apr 19 2021, AN ACT TO MAKE CHANGES TO THE LAWS GOVERNING THE UNIVERSITY OF NORTH CAROLINA TO EXEMPT FINANCE, BUSINESS OFFICE, AND AUDITOR PROFESSIONALS FROM MOST PROVISIONS OF THE NORTH CAROLINA HUMAN RESOURCES ACT; TO CONSOLIDATE AND ELIMINATE CERTAIN REPORTS; TO CODIFY CAPITAL PROJECT REPORTING REQUIREMENTS; AND TO PROVIDE THE UNIVERSITY OF NORTH CAROLINA FLEXIBILITY TO ADDRESS BUDGETARY AND OTHER IMPACTS OF COVID-19 THROUGH EARLY RETIREMENT INCENTIVES, REDUCTION IN FORCE APPROVAL AUTHORITY, AND AUTHORITY TO PROVIDE STATE HEALTH PLAN PREMIUM PAYMENTS FOR CERTAIN EMPLOYEES PLACED ON EMERGENCY TEMPORARY FURLOUGHS.

Senate committee substitute makes the following changes to the 3rd edition.

Instead of amending Section 10(d) of SL 2011-185, deletes Section 10(d) entirely, thereby eliminating the requirement that UNC report annually on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families.

No longer makes changes to GS 116-143.3A, concerning the waiver of the 12-month residency requirement for tuition at institutions of higher education for certain veterans and other individuals.

No longer amends GS 122C-430 to allow the Secretary of the Department of Health and Human Services to designate one or more special police officers to make up a joint security force to enforce State law, ordinances and regulations on the Morganton campus of the NC School of Science and Mathematics. 

Adds the following content.

Part V.

Allows the UNC Board of Governors (BOG) to authorize the adoption of an early retirement incentive program to provide long-term cost savings to UNC and improved operational efficiencies for UNC to remain in effect until December 31, 2022. Directs the UNC System Office to develop policies and regulations for the program, including four requirements provided, such as program eligibility criteria based on retirement plan and severance payment parameters. Requires the UNC System Office to report to the specified State department and NCGA division on implementation of the program, as specified, by October 1, 2021, and December 1, 2022, as applicable. Sunsets the provisions on December 31, 2022.

Part VI.

Enacts GS 116-14(b3) to authorize the UNC President to approve a reduction in force for positions subject to the Human Resources Act (HRA), including reorganization and payment of severance with non-State funds, without further approval by any other State agency, so long as reduction is in accordance with the policies of the Office of State Human Resources. Allows for delegation of the authority granted to chancellors of constituent institutions. Requires annual reporting to the Office of State Human Resources. Requires preapproval of severance payments with State funds by the Office of State Budget and Management. 

Part VII.

Authorizes the BOG to allocate non-State funds to pay for the employee portions of monthly premiums in the State Health Plan for Teachers and State Employees (SHP) that would have been paid if the participating employee is currently on an emergency furlough which places the employee below half-time employment for a calendar month. Caps BOG payment at 12 months for the period between June 1, 2020, and December 31, 2021. Bars requiring employees to reimburse UNC for any premiums paid under the section.

Makes conforming changes to the act's title.

Intro. by Hardister, Pickett, Arp, K. Smith.GS 66, GS 116, GS 126, GS 143, GS 143C
H 696 (2021) VARIOUS CHANGES TO NONPROFIT CORPORATIONS ACT. Filed Apr 27 2021, AN ACT TO MAKE VARIOUS CHANGES TO THE NORTH CAROLINA NONPROFIT CORPORATIONS ACT.

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

Part I.

Eliminates the proposed changes to subsection (g) of GS 55A-12-02, which excluded dispositions to a charitable or religious corporation authorized under a plan of dissolution from the requirement to give written notice to the Attorney General before it sells, leases, exchanges, or otherwise disposes of its property if the transaction is not in the usual and regular course of its activities. Makes conforming changes to the heading given to Part I. of the act.

Intro. by Lofton, Howard, Reives, Moffitt.GS 55
H 743 (2021) REMOVE ID MARK/INCREASE PUNISHMENT. Filed Apr 29 2021, AN ACT TO INCREASE THE PUNISHMENT FOR ALTERING, DESTROYING, OR REMOVING PERMANENT PERSONAL IDENTIFICATION MARKS FROM PERSONAL PROPERTY AND REMOVING, DEFACING, DESTROYING, ALTERING, OR COVERING OVER IDENTIFYING MARKS ON CERTAIN MACHINERY, EQUIPMENT, AND APPARATUSES.

AN ACT TO INCREASE THE PUNISHMENT FOR ALTERING, DESTROYING, OR REMOVING PERMANENT PERSONAL IDENTIFICATION MARKS FROM PERSONAL PROPERTY AND REMOVING, DEFACING, DESTROYING, ALTERING, OR COVERING OVER IDENTIFYING MARKS ON CERTAIN MACHINERY, EQUIPMENT, AND APPARATUSES. SL 2021-36. Enacted June 16, 2021. Effective December 1, 2021.

Intro. by C. Smith, Miller.GS 14
H 769 (2021) FOSTER PARENTS' BILL OF RIGHTS. Filed May 3 2021, AN ACT TO PROVIDE A BILL OF RIGHTS RECOGNIZING THE RIGHTS OF FOSTER PARENTS IN THE STATE OF NORTH CAROLINA.

Senate committee substitute amends the 2nd edition as follows. Revises proposed GS 131D-10.9C, which explicitly recognizes that foster parents have the 14 identified rights. Revises the statute's stated findings to refer to children removed from their parents or legal guardians rather than children placed in the custody of of a county department of social services. Now characterizes the previously identified rights as those that the State supports and promotes for foster parents in the provision of foster care, rather than explicitly recognizing the enumerated rights of foster parents.

Revises the rights stated as follows. Adds a statutory reference to the first right regarding foster parents honoring children placed in their homes. Regarding the second right to receive information about responsibilities and access to support services, now includes the right to have input in court and be included as a valued member of the child's team, including 15 days' notice of periodic reviews of a child's juvenile case and the provision of input during periodic reviews of any relevant information, as specified; replaces the right to active participation in the decision-making process regarding the child. Adds the right to receive timely information pertinent to the day-to-day care of the child, including educational and health needs; replaces the right to receive information regarding the professionals working with the child, including any physicians, therapists, teachers, and other school personnel. Adds the right to provide input to, advocate for, and seek out support from the supervising agency without fear of reprisal, including the right to request respite as needed or to request a break between placements; replaces the right to provide input to and seek out support from the Division of Social Services. Replaces the twelfth right, now providing for the right to use the reasonable and prudent parent standard, as characterized, in determining whether a foster parent can allow a child in the foster parent's care to participate in educational field trips and extracurricular, enrichment, and social activities (was, the right to provide or withhold permission from, without prior approval of the county department of social services, guardian ad litem, or court, the child in the foster parents' care to participate in normal childhood activities based on a reasonable and prudent parent standard in accordance with the provisions of Title IV-E of the Social Security Act, as the standard was defined and characterized).

Intro. by Willis, Stevens, Paré, Winslow.GS 131D
H 812 (2021) CLARIFY REMOTE MEETINGS DURING EMERGENCIES. Filed May 4 2021, AN ACT TO AMEND THE STATUTE AUTHORIZING THE USE OF REMOTE MEETINGS DURING CERTAIN STATES OF EMERGENCY.

AN ACT TO AMEND THE STATUTE AUTHORIZING THE USE OF REMOTE MEETINGS DURING CERTAIN STATES OF EMERGENCY. SL 2021-35. Enacted June 16, 2021. Effective July 1, 2021.

Intro. by Arp, Hanig, Paré, Richardson.GS 166A

The Daily Bulletin: 2021-06-16

PUBLIC/SENATE BILLS
S 126 (2021) CLEAN UP OBSOLETE BOARDS. Filed Feb 23 2021, AN ACT TO ABOLISH OBSOLETE BOARDS AND COMMISSIONS THAT ARE NO LONGER FUNCTIONAL AND TO MAKE OTHER CHANGES TO BOARDS AND COMMISSIONS.

House committee substitute to the 1st edition adds the following content.

Makes a conforming repeal of GS 120-123(4), which bars legislators from serving on the NC Agency for Public Telecommunications, to reflect the Agency's repeal by Section 2 of the act (GS Chapter 143B, Article 9, Part 22).

Amends GS 116-233 to allow for a designee of the three chief academic officers of constituent institutions and the chief academic officer of a college or university in the State other than a constituent institution to serve as ex officio members of the Board of Trustees of the NC School of Science and Math (currently limited to the chief academic officers). Also adds that the office of these four members cannot be declared vacant if the member or the designee has complied with the attendance requirements of subsection (f), which requires an office to be deemed vacant upon a member failing to be present at three successive regular meetings. 

Amends GS 143B-1393, adding to the powers and duties of the Criminal Justice Information Network (CJIN) Governing Board, to require the Board to (1) exercise administrative control over the transportation and subsistence budget established by the Board and legislatively appropriated, and (2) establish qualifications, classification, and salary levels for its employees and determine appropriate methods for screening for candidates, interviewing, hiring, and day-to-day management of Board employees. 

Amends GS 143B-1394 to require the Department of Information Technology to provide technical assistance to the CJIN Governing Board upon request. 

Amends GS 143B-1322 to no longer require the State Chief Information Officer to supervise and support the operations of the CJIN.

Amends GS 120-74, providing for a majority of members of the Joint Legislative Commission on Governmental Operations (Commission) to constitute a quorum of the Commission. Amends GS 120-75 to authorize Commission cochairs to designate subcommittees to conduct hearings, call witnesses, and inquire into any matters properly before the Commission. Provides for the appointment of subcommittee members and cochairs (including allowing for the appointment of legislators to the subcommittee who do not serve on the Commission), subcommittee meetings, subcommittee powers and staffing, as well as subcommittee member expenses. Allows for cochairs to dissolve a subscommittee at any time. Makes language gender neutral. 

Repeals GS 131D-10.9A, which creates the Permanency Innovation Initiative Oversight Committee.

Amends GS 143B-472.81, providing further parameters for the appointment of the 23-member NC Board of Science, Technology, and Innovation. Explicitly creates staggered four-year terms for eight members representing specified institutions of higher education and K-12 public education, with terms beginning July 1, 2021, or July 1, 2023, as specified. Makes clarifying changes regarding the terms of the six members from private industry and the seven at-large members appointed by the Governor. No longer references terms for members from public agencies, now obsolete after their elimination from membership in SL 2014-18, Section 2.1. Provides for the expiration of terms of members currently serving as of the date the section becomes law to conform to the staggered-terms enacted, with terms expiring June 30, 2021, and June 30, 2023, as specified. 

Amends GS 90-625 to clarify that a member of the NC Board of Massage and Bodywork Therapy cannot be appointed to serve more than two consecutive full terms (was, two consecutive terms).

Amends GS 143B-438.10, increasing the membership of the NCWorks Commission from 33 to 37 members, adding the following officials or their designees: State official primarily responsible for Adult Education and Family Literacy (Title II of PL 113-128, as amended), and the State official primarily responsible for Vocational Rehabilitation or Services (Title IV of PL 113-128, as amended). Also adds two additional members representing business and industry in the State appointed by the Governor for initial terms ending on October 31, 2021 (increasing members representing these areas from 17 to 19 members). 

Repeals GS Chapter 106, Article 47, which creates and governs the State Marketing Authority. Makes conforming repeals of GS 105-278.1(c)(2)a.

Changes the act's long title. 

S 208 (2021) LABOR LAW CHANGES. Filed Mar 9 2021, AN ACT MAKING VARIOUS CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.

House committee substitute to the 3rd edition makes the following changes.

Further revises the proposed authority granted in GS 95-133 of the Director of Occupational Safety and Health (Director) to obtain relevant medical records. Regarding medical records obtained by the Department of Health and Human Services, adds a requirement for the records to be kept separate from any investigative file, and now prohibits disclosure to any employer under investigation except as necessary to support the issuance of a citation in any enforcement proceeding (previously prohibited release or making the records public).

Adds the following content.

Repeals Article 5B of GS Chapter 95, which regulates job listing services. Makes conforming changes to GS 1-539.12(c).

Amends GS 95-25.5, providing for the Commissioner of Labor's issuance of youth employment certificates, no longer specifying that the certificates be issued both directly and electronically.

Amends GS 95-25.7, which governs payment to separated employees. Specifies that employees whose employment is discontinued must be paid all wages due on or before the next regular payday either through the regular pay channels or by trackable mail if requested by the employee in writing (was either through the regular pay channels or by mail if requested by the employee).

Amends GS 95-25.13 to now require employers to notify employees in writing at least one pay period prior to any changes in promised wages, rather than in writing or through a posted notice at least 24 hours prior to the changes. Also requires employers to notify employees in writing (was, orally or in writing) at the time of hiring of the promised wages and the day and place for payment. 

Amends GS 95-25.23A, which sets civil penalties for violations of employer record keeping requirements under GS 95-25.15(b) and regulations issued thereunder. Now sets the penalty at up to $250 per employee with a maximum of $2,000 per violation (was, per investigation).

Intro. by Hise, Galey, Woodard.GS 1, GS 74, GS 95
S 314 (2021) LOCAL GOV COMMISSION ASSISTANCE TOOLKIT. (NEW) Filed Mar 17 2021, AN ACT TO PROVIDE ADDITIONAL TOOLS FOR THE LOCAL GOVERNMENT COMMISSION TO ASSIST LOCAL GOVERNMENT UNITS AVOID AND CORRECT FISCAL DISTRESS THAT REQUIRES THAT THE IMPACT OF CHANGES TO SALES TAX DISTRIBUTION FORMULAS BE DELAYED UNTIL THE FISCAL YEAR FOLLOWING THE INITIAL DECISION; TO MANDATE THAT A STATEMENT FROM THE LOCAL GOVERNMENT COMMISSION BE INCLUDED IN THE PETITION TO THE GENERAL ASSEMBLY WHEN A NEW MUNICIPALITY IS PROPOSED; TO ADD OPTIONAL SOURCES FOR TRAINING FOR FINANCE OFFICERS; TO ALLOW THE LOCAL GOVERNMENT COMMISSION TO MANDATE SPECIALIZED TRAINING FOR CITY AND COUNTY MANAGERS WHEN A UNIT IS EXHIBITING FISCAL DISTRESS; TO ESTABLISH A PROCESS FOR A MUNICIPALITY TO INITIATE A TRANSITION TO RECOVER FROM FINANCIAL DISTRESS; AND TO ESTABLISH A PROCESS FOR THE LOCAL GOVERNMENT COMMISSION TO TRANSFER THE ASSETS, LIABILITIES, AND OTHER OBLIGATIONS AND DISSOLVE MUNICIPALITIES DETERMINED TO BE IN FINANCIAL DISTRESS.

House committee substitute to the 4th edition makes the following changes.

Makes technical changes to refer to the Local Government Commission by full name throughout proposed GS 153A-82(9) (concerning counties) and GS 160A-148(9) (concerning cities), which require county and city managers to receive specified education upon certain occurrences.

Effective July 1, 2021, amends GS 161-8, replacing the content of the statute to now provide that the register of deeds must be present in the office on a full-time schedule (previously, the schedule was fixed by the county board of commissioners). Establishes that, except for official State holidays, the office of the register of deeds must be open for business Monday through Friday, at least 40 hours per week. Prohibits the office from closing before 5:00 p.m. and requires accepting instruments and documents for filing until that time. Makes conforming changes to the act's long title. 

Intro. by McInnis, Johnson, Davis.GS 105, GS 120, GS 153A, GS 159, GS 160A, GS 161
S 326 (2021) ELECTION DAY INTEGRITY ACT. (NEW) Filed Mar 18 2021, AN ACT TO AMEND THE DATE BY WHICH MAIL-IN ABSENTEE BALLOTS MUST BE RECEIVED BY THE COUNTY BOARD OF ELECTIONS IN ORDER TO BE COUNTED, TO REQUIRE PUBLISHING OF THE DATE ABSENTEE BALLOTS ARE AVAILABLE AND THE DEADLINE FOR REQUESTING AN ABSENTEE BALLOT, AND TO PROVIDE FOR THE REPORTING OF BALLOTS BY THE COUNTY BOARDS OF ELECTIONS.

Senate amendment to the 2nd edition makes the following changes. 

Amends GS 163-231(b)(1) to require absentee ballots to be received by the county board of elections by 7:30 p.m. rather than by 5:00 p.m. on the day of the statewide primary or general election or county bond election. Makes conforming changes to GS 163-232.1(a). Adds to the proposed changes to GS 163-231(b)(2) to allow for absentee ballots not received by that specified time to be accepted if the State Board of Elections has extended the closing time of the polls for every poll in the county pursuant to state law, whereby the ballots must be received by the closing time as extended by the State Board in order to be counted, in lieu of being accepted only if federal law so requires. 

Intro. by Daniel, Newton, Hise.GS 163
S 724 (2021) EXPAND ACCESS TO VOTER ID & VOTING. Filed Jun 7 2021, AN ACT TO EXPAND VOTER ACCESS BY ESTABLISHING A VOTING PORTAL FOR VISUALLY IMPAIRED VOTERS TO VOTE BY ABSENTEE BALLOT ONLINE, ALLOWING FOR THE ONLINE SUBMISSION OF VOTER REGISTRATION APPLICATION FORMS, AND STATING THE INTENT OF THE GENERAL ASSEMBLY TO FUND A PROGRAM TO IDENTIFY AND ASSIST VOTERS NEEDING PHOTO IDENTIFICATION.

Senate amendment makes the following changes to the 2nd edition.

Deletes the content of previous Part II., which enacted GS 163-82.5A to allow for online voter registration and made conforming changes to GS Chapter 163.

Instead, amends GS 163-82.19, which governs voter registration at driver's license offices. Enacts new subsection (a1), directing the State Board of Elections (State Board) and the Division of Motor Vehicles (DMV) to jointly develop and maintain an online voter registration system allowing applicants to complete an application to register to vote or update an existing voter registration (excluding updates to gender or ethnicity), regardless of whether the applicant is also simultaneously conducting a transaction, so long as the online system complies with form requirements set forth in state law. Limits online registration application eligibility to individuals who are either eligible to register to vote in the state or currently registered to vote in the state, and who have been previously issued a driver's license or a special identification card for a nonoperator's license pursuant to GS Chapter 20. Makes the DMV responsible for validating the applicant's identity, protecting and securing data maintained in the online system, and maintaining the security of the online system. Makes the State Board responsible for forwarding the online registration applications to the appropriate county board. Makes organizational changes. Makes conforming changes to the remainder of the statute, making the registration application procedures for driver's license offices applicable to online voter registration. Expands the Class I felony offense for willfully and knowingly and with fraudulent intent giving false information on a voter registration application completed at a driver's license office to include online applications. Makes further technical and conforming changes. 

Intro. by Newton, Daniel, Hise.GS 163

The Daily Bulletin: 2021-06-16

LOCAL/HOUSE BILLS
H 287 (2021) CITY OF RANDLEMAN CHARTER CONSOLIDATION. Filed Mar 11 2021, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF RANDLEMAN.

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF RANDLEMAN. SL 2021-42. Enacted June 16, 2021. Effective June 16, 2021.

Intro. by Hurley, McNeill.Randolph
H 386 (2021) SUNNY POINT RAILROAD FIREARM DISCHARGE BAN. (NEW) Filed Mar 24 2021, AN ACT TO BAN THE DISCHARGE OR ATTEMPT TO DISCHARGE FIREARMS FROM, ON, ACROSS, OR OVER THE RIGHT-OF-WAY ALONG THE RAILROAD SERVING THE MILITARY OCEAN TERMINAL AT SUNNY POINT IN BRUNSWICK COUNTY.

AN ACT TO BAN THE DISCHARGE OR ATTEMPT TO DISCHARGE FIREARMS FROM, ON, ACROSS, OR OVER THE RIGHT-OF-WAY ALONG THE RAILROAD SERVING THE MILITARY OCEAN TERMINAL AT SUNNY POINT IN BRUNSWICK COUNTY. SL 2021-43. Enacted June 16, 2021. Effective October 1, 2021.

Intro. by Miller, Iler.Brunswick

The Daily Bulletin: 2021-06-16

LOCAL/SENATE BILLS
S 51 (2021) EVEN-YEAR ELECT CRAVEN LOCAL GOV'TS. (NEW) Filed Feb 3 2021, AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE CITY OF HAVELOCK, TOWNS OF BRIDGETON, COVE CITY, DOVER, RIVER BEND, AND TRENT WOODS, AND THE FIRST CRAVEN SANITARY DISTRICT, SHALL BE HELD IN EVEN-NUMBERED YEARS.

AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE CITY OF HAVELOCK, TOWNS OF BRIDGETON, COVE CITY, DOVER, RIVER BEND, AND TRENT WOODS, AND THE FIRST CRAVEN SANITARY DISTRICT, SHALL BE HELD IN EVEN-NUMBERED YEARS. SL 2021-39. Enacted June 16, 2021. Effective June 16, 2021.

Intro. by Sanderson.Craven
S 125 (2021) VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS. Filed Feb 23 2021, AN ACT TO REVISE THE METHOD BY WHICH VACANCIES ARE FILLED FOR ELECTIVE OFFICE IN THE TOWN OF ROWLAND AND TO EXTEND THE TERM OF MAYOR FROM TWO TO FOUR YEARS IN THE TOWN OF RED SPRINGS.

AN ACT TO REVISE THE METHOD BY WHICH VACANCIES ARE FILLED FOR ELECTIVE OFFICE IN THE TOWN OF ROWLAND AND TO EXTEND THE TERM OF MAYOR FROM TWO TO FOUR YEARS IN THE TOWN OF RED SPRINGS. SL 2021-40. Enacted June 16, 2021. Effective June 16, 2021.

Intro. by Britt.UNCODIFIED, Hoke, Robeson
S 192 (2021) CITY OF HICKORY/PLANNING COMMISSION. Filed Mar 8 2021, AN ACT REPEALING THE LOCAL ACTS ESTABLISHING THE HICKORY REGIONAL PLANNING COMMISSION AND PROVIDING THAT THE CITY OF HICKORY SHALL ESTABLISH A PLANNING COMMISSION AS PROVIDED UNDER THE GENERAL LAWS OF THIS STATE.

AN ACT REPEALING THE LOCAL ACTS ESTABLISHING THE HICKORY REGIONAL PLANNING COMMISSION AND PROVIDING THAT THE CITY OF HICKORY SHALL ESTABLISH A PLANNING COMMISSION AS PROVIDED UNDER THE GENERAL LAWS OF THIS STATE. SL 2021-41. Enacted June 16, 2021. Effective July 1, 2021.

Intro. by Proctor, Daniel.Catawba
S 260 (2021) MOORESVILLE TDA. (NEW) Filed Mar 11 2021, AN ACT TO MODIFY THE MEMBERSHIP OF THE MOORESVILLE TOURISM DEVELOPMENT AUTHORITY.

House committee substitute deletes the following from the 2nd edition.

Eliminates the proposed changes to GS 166A-19.24, applicable only to the City of Monroe, authorizing public bodies within an emergency area to conduct remote meetings upon issuance of a local declaration of emergency under GS 166A-19.22, in addition to the existing authority upon issuance of a gubernatorial or legislative declaration of emergency under GS 166A-19.20. Makes conforming changes to the act's titles.

Intro. by Sawyer.Iredell
ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2021-06-16

PUBLIC BILLS

H 20: 1998 CLEAN WATER BOND ADD'L CONNECTIONS.

    House: Pres. To Gov. 6/16/2021
    House: Signed by Gov. 6/16/2021
    House: Ch. SL 2021-37

H 64: GOVERNMENT TRANSPARENCY ACT OF 2021. (NEW)

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Failed Concur In S Com Sub

H 83: ELIMINATE INCOME TAX FOR MILITARY RETIREES.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 96: ALLOW PHARMACISTS TO ADMIN. INJECTABLE DRUGS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Commerce and Insurance

H 130: EAST COAST GREENWAY/STATE TRAILS.

    House: Pres. To Gov. 6/16/2021

H 139: SOIL SCIENTIST/ON-SITE WASTEWATER CERT. BD.

    House: Pres. To Gov. 6/16/2021
    House: Signed by Gov. 6/16/2021
    House: Ch. SL 2021-38

H 159: EDUCATION LAW CHANGES.-AB

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

H 160: RETIREMENT SERVICE PURCHASE REWRITE PART II.-AB

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 163: TREASURY ADMINISTRATIVE CHANGES.-AB

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 168: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2021.-AB

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

H 203: EXTEND DEADLINE FOR POLICE TELECOMMUNICATORS.

    House: Signed by Gov. 6/16/2021
    House: Ch. SL 2021-34

H 238: PROHIBIT POSSESSION OF SKIMMING DEVICE.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/21/2021

H 272: REVISE HEALTH STANDARD FOR LEAD.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/21/2021

H 278: SUNSET ABC BOARD PARTICIPATION IN LGERS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 334: JOBS GRANTS AND TAX RELIEF. (NEW)

    House: Ruled Material
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 335: TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 337: CONST. AMENDMENT/REPEAL LITERACY TEST.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 341: PROTECTION FROM ONLINE IMPERSONATION.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/21/2021

H 344: SYSTEM DEVELOPMENT FEES UPDATE.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/21/2021

H 477: TEMPORARY EVENT VENUES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 602: UNC LEGISLATIVE PRIORITIES/HR/REPORTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 624: NORTH CAROLINA REGULATORY SANDBOX ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 629: PHYSICIAN ASST/NURSE PRACTIT./STOP ACT CLAR.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/21/2021

H 659: GUILFORD/ROCKINGHAM FUNDS EXTENSION.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 693: COMMON CARRIER ABC PERMIT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 696: VARIOUS CHANGES TO NONPROFIT CORPORATIONS ACT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary 1
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Finance Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 721: COUNTIES/SEMIANNUAL ASSESSMENT PAYMENTS.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 734: DEPT. OF HEALTH & HUMAN SERVICES REVISIONS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/21/2021

H 743: REMOVE ID MARK/INCREASE PUNISHMENT.

    House: Signed by Gov. 6/16/2021
    House: Ch. SL 2021-36

H 769: FOSTER PARENTS' BILL OF RIGHTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Judiciary

H 812: CLARIFY REMOTE MEETINGS DURING EMERGENCIES.

    House: Signed by Gov. 6/16/2021
    House: Ch. SL 2021-35

S 50: ESTATE PLANNING LAW CHANGES.

    Senate: Ratified

S 126: CLEAN UP OBSOLETE BOARDS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 208: LABOR LAW CHANGES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 277: RET. & TREASURY TECH. CORRECTIONS ACT OF 2021.-AB

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 314: LOCAL GOV COMMISSION ASSISTANCE TOOLKIT. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading

S 323: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.

    House: Regular Message Sent To Senate

S 326: ELECTION DAY INTEGRITY ACT. (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

S 329: BUILDING CODE MOD./PERMIT EXEMPTION AMT. MOD. (NEW)

    House: Withdrawn From Com
    House: Ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House

S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)

    House: Serial Referral To Finance Stricken
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken

S 448: AMENDMENTS TO SCHEDULE VI OF THE CSA.

    House: Withdrawn From Cal
    House: Placed On Cal For 06/17/2021

S 470: NORTH CAROLINA REGULATORY SANDBOX ACT.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 668: ANTI-PENSION SPIKING AMDS & LITIG. MORATORIUM.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 722: REVISE LOCAL GOVERNMENT REDISTRICTING/CENSUS. (NEW)

    Senate: Pres. To Gov. 6/16/2021

S 724: EXPAND ACCESS TO VOTER ID & VOTING.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

S 725: PROHIBIT PRIVATE MONEY IN ELECTIONS ADMIN.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 726: CONFIRM DAVE RICHARD/DIRECTOR HEALTH BENEFITS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Health Care. If fav, re-ref to Select Committee on Nominations
    Senate: Reptd Fav
    Senate: Re-ref Com On Select Committee on Nominations

Actions on Bills: 2021-06-16

LOCAL BILLS

H 38: BD. OF TRUSTEES/ISOTHERMAL CC.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 253: BURGAW TDA MEMBERS/SURF CITY PARKING. (NEW)

    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 287: CITY OF RANDLEMAN CHARTER CONSOLIDATION.

    House: Ratified
    House: Ch. SL 2021-42

H 386: SUNNY POINT RAILROAD FIREARM DISCHARGE BAN. (NEW)

    House: Ratified
    House: Ch. SL 2021-43

S 51: EVEN-YEAR ELECT CRAVEN LOCAL GOV'TS. (NEW)

    Senate: Ratified
    Senate: Ch. SL 2021-39

S 125: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.

    Senate: Ratified
    Senate: Ch. SL 2021-40

S 145: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 169: MODIFY KINSTON-LENOIR COUNTY TDA MEMBERSHIP.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 192: CITY OF HICKORY/PLANNING COMMISSION.

    Senate: Ratified
    Senate: Ch. SL 2021-41

S 194: RE-STAGGER TERMS/ALDERMEN/N.TOPSAIL BEACH.

    House: Regular Message Sent To Senate

S 260: MOORESVILLE TDA. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 288: RUTHERFORD COLLEGE/BD. OF ED. BURKE/CALDWELL. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

© 2021 School of Government The University of North Carolina at Chapel Hill

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