The Daily Bulletin: 2021-07-22

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The Daily Bulletin: 2021-07-22

PUBLIC/HOUSE BILLS
H 73 (2021-2022) TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW) Filed Feb 11 2021, AN ACT TO DEFER CERTAIN ABC PERMIT RENEWAL AND REGISTRATION FEES DUE ON MAY 1, 2021, OR FOR THE PERIOD COVERING MAY 1, 2021, THROUGH APRIL 30, 2022, AND TO FURTHER DEFER PREVIOUSLY DEFERRED PERMIT FEES.

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

Changes the act's titles.

Revises the content of Section 1 to specifically direct the ABC Commission to defer payment of fees for ABC permit renewal and registration for the previously enumerated permits for the period of May 1, 2021, through April 30, 2022, until October 1, 2021 (was, September 1, 2021). Now additionally directs the ABC Commission to renew or register without payment the previously enumerated ABC permits that are active as of April 30, 2021, upon a permittee's submission of a current recycling plan pursuant to GS 18B-903(b2) (replacing the previous provision which required ABC permittees whose payment is deferred to comply with State tax laws and submit a recycling plan, with no accompanying directive to the ABC Commission).

Eliminates the provision which (1) allowed for permittees to request a refund of a prepaid fee deferred by Section 1 and (2) required repayment of the refunded fee by September 1, 2021. Instead, (1) allows for any permittee who has paid a fee that was deferred pursuant to Section 1 of SL 2020-94, as amended, or Section 3 of SL 2021-2, as amended, to request a refund for the total amount of the fee and (2) requires the ABC Commission to collaborate with the Department of Public Safety to refund the total fee amount to the permittee within 30 days of receipt of the authorized request.

Revises the proposed changes to Section 1 of SL 2020-94, as amended, to provide that fee payment for renewal or registration of an ABC permit is not required for those permits held by permittees subject to an order of closure under Section 8 of Executive Order No. 141, during the 2020-21 permit year until October 1, 2021 (was, September 1, 2021). Eliminates the requirement for a permittee who delays payment pursuant to this Section to comply with State tax laws and submit a recycling plan pursuant to State law by September 1, 2021.

Revises the proposed changes to Section 3 of SL 2021-2 to require an ABC permittee who has requested a refund of fees for renewal or registration to repay the fee by October 1, 2021, or within 10 business days thereafter (was, by September 1, 2021).

Establishes that any permittee requesting permit renewal or registration for which payment is not deferred by Section 1 of the act must pay the required permit fee by April 30, 2022. Prohibits the ABC Commission from canceling or moving to inactive status any permit under the act unless payment is not received by April 30, 2022. 

Intro. by Moffitt, Lambeth, Goodwin, Winslow.UNCODIFIED
H 91 (2021-2022) ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW) Filed Feb 16 2021, AN ACT TO RESTRUCTURE OVERSIGHT OF PUBLIC HIGH SCHOOL INTERSCHOLASTIC ATHLETICS TO ENSURE ACCOUNTABILITY AND FAIR PLAY.

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

Part I.

Adds to the mandated study by the North Carolina Interscholastic Athletic Commission and report to the State Board of Education and the specified NCGA committee by April 1, 2022. Requires the Commission to also study factors that should be considered in cooperative innovation high school students' participation in interscholastic activities. Adds athletic directors, principals, and parents of students in cooperative innovative high schools to the workgroups the Commission must establish to provide input to the Commission. 

Part III.

Eliminates the content of Part III, which, effective July 1, 2021, amended Section 5.3(e) of SL 2017-57 to  expand the authorized uses of grant funds from the Needs-Based Public School Capital Fund (funded with revenues collected by the NC Education Lottery) to include the construction of school athletic facilities by recipient counties. Makes conforming organizational changes. 

Intro. by Bell, Lambeth, K. Baker, Saine.GS 115C, GS 116, GS 126, GS 143
H 351 (2021-2022) CLIFFORD'S LAW. (NEW) Filed Mar 22 2021, AN ACT DIRECTING THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH VISITATION PROTOCOLS FOR NURSING HOMES, COMBINATION HOMES, AND ADULT CARE HOMES, INCLUDING FAMILY CARE HOMES, DURING DECLARED DISASTERS AND EMERGENCIES AND REQUIRING THESE FACILITIES TO ADHERE TO THE ESTABLISHED VISITATION PROTOCOLS DURING DECLARED DISASTERS AND EMERGENCIES WHEN NORMAL VISITATION POLICIES ARE SUSPENDED OR CURTAILED.

Senate committee substitute deletes the content of the 4th edition and replaces it with the following.

Includes whereas clauses. 

Enacts GS 131E-84.05, mandating licensed hospitals to allow a clergy member to visit any patient admitted to the hospital who requests or consents to be visited by a clergy member during their stay, including a stay during a declared disaster or emergency, notwithstanding any State law to the contrary. Subjects the visiting clergy member to health screenings necessary to prevent the spread of infectious diseases. Allows hospitals to require adherence to infection control procedures, with an exception for instances in which such procedures interfere with the religious beliefs of the patient or the visiting clergy member.

Enacts GS 131E-79.3, mandating licensed hospitals to permit patients to receive visitors to the fullest extent permitted under any applicable rules, regulations, or guidelines adopted by either the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention (CDC) or any federal law, notwithstanding any State law to the contrary. Authorizes the Department of Health and Human Services (DHHS) to issue a warning to a hospital found by the CMS, CDC, or other federal agency to have violated any federal rule, regulation, guidance or law relating to patient's visitation rights, and to give the hospital 24 hours to allow visitation. Authorizes DHHS to impose a penalty of at least $500 for each instance on each day the hospital is found to have a violation following the 24-hour warning period. Specifies that the penalty is in addition to federally imposed fines or penalties. Adds that in the event that a hospital requires complete closure to visitors, hospitals must use their best efforts to develop alternate protocols that would allow visitation to the greatest extent safely possible. Similarly authorizes DHHS to impose a civil penalty of at least $500 for each instance on each day the hospital is found to have a violation related to alternate visitation protocols, in addition to federally imposed fines or penalties.

Enacts GS 131E-112.5 (applicable to licensed nursing homes and combination homes), GS 131E-207.5 (applicable to licensed hospice care facilities), and GS 122C-32 (applicable to licensed residential treatment facilities), making the patient visitation rights, facility responsibilities, and civil penalty provisions of new GS 131E-79.3 applicable to the specified facilities, notwithstanding any State law to the contrary. 

Enacts GS 131D-7.5, mandating licensed adult care homes and special care units to allow residents to receive visitors of their choice, except when one of three circumstances are established by clear and convincing evidence, such as when infection control issues are present or when visitation interferes with the care of other patients. Authorizes DHHS to impose a civil penalty of at least $500 for each instance on each day a facility was found to have a violation.

Makes the above provisions effective January 1, 2022. 

Directs DHHS to adopt implementing rules by January 1, 2022, including certain notice requirements regarding patient visitation rights and contact information for entities charged with investigating violations. 

Changes the act's titles. 

Intro. by Dixon, Lambeth, White, Moss.GS 122C, GS 131D, GS 131E

The Daily Bulletin: 2021-07-22

PUBLIC/SENATE BILLS
S 730 (2021-2022) KATHERINE M.R. BOSKEN, COMMISSIONER OF BANKS. Filed Jul 22 2021, A JOINT RESOLUTION CONFIRMING KATHERINE M.R. BOSKEN AS COMMISSIONER OF BANKS.

Includes whereas clauses. Confirms the appointment of Katherine Bosken as Commissioner of Banks for the remainder of the term expiring March 31, 2023. 

Intro. by Rabon.JOINT RES

The Daily Bulletin: 2021-07-22

The Daily Bulletin: 2021-07-22

ACTIONS ON BILLS

Actions on Bills: 2021-07-22

PUBLIC BILLS

H 67: GSC TECHNICAL CORRECTIONS 2021.

    House: Signed by Gov. 7/22/2021
    House: Ch. SL 2021-88

H 73: TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW)

    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted

H 91: ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW)

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

H 96: ALLOW PHARMACISTS TO ADMIN. INJECTABLE DRUGS.

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

H 132: JUVENILE CODE REV'S/CIP RECOMMENDATIONS.-AB

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

H 141: PROMOTE NORTH CAROLINA SAWMILLS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate

H 230: NC MANAGING ENVIRONMENTAL WASTE ACT OF 2021.

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

H 294: SALE OF SALVAGE VEHICLES.

    Senate: Withdrawn From Com
    Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate

H 297: DMV DEPLOYED ARMED FORCES EXEMPTIONS. (NEW)

    House: Signed by Gov. 7/22/2021
    House: Ch. SL 2021-89

H 312: QUALIFICATIONS FOR SHERIFF/EXPUNCTION.

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

H 351: CLIFFORD'S LAW. (NEW)

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

H 366: REGULATORY REFORM ACT OF 2021.

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)

H 522: MODIFY SERVICE/RELEASE OF ALTERNATE JURORS.

    House: Signed by Gov. 7/22/2021
    House: Ch. SL 2021-94

H 725: EARNED WAGE ACCESS SERVICES ACT.

    House: Withdrawn From Com
    House: Re-ref to the Com on Commerce, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 735: MINIMUM CONTRACTS/COASTAL DREDGING SERVICES.

    House: Signed by Gov. 7/22/2021
    House: Ch. SL 2021-92

H 890: ABC OMNIBUS LEGISLATION.

    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

H 971: HONOR MELANIE WADE GOODWIN, FORMER MEMBER.

    House: Ratified
    House: Ch. Res 2021-8

S 126: CLEAN UP OBSOLETE BOARDS.

    Senate: Signed by Gov. 7/22/2021
    Senate: Ch. SL 2021-90

S 146: TELEDENTISTRY/RDH ADMIN. LOCAL ANESTHETIC.

    Senate: Ratified

S 196: GSC SALE OF PROPERTY AMEND/DELAY PROSEC SPLIT. (NEW)

    Senate: Signed by Gov. 7/22/2021
    Senate: Ch. SL 2021-91

S 198: GSC GOOD FUNDS SETTLEMENT/COMM. RECEIVERSHIP.

    Senate: Signed by Gov. 7/22/2021
    Senate: Ch. SL 2021-93

S 730: KATHERINE M.R. BOSKEN, COMMISSIONER OF BANKS.

    Senate: Filed

Actions on Bills: 2021-07-22

LOCAL BILLS

H 19: REMOVE VARIOUS SATELLITE ANNEXATION CAPS. (NEW)

    Senate: Passed 3rd Reading

H 23: UTV REGULATION/CERTAIN TOWNS. (NEW)

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

H 50: CALYPSO ANNEXATION.

    Senate: Passed 3rd Reading

S 122: TOWNS OF SPRUCE PINE & WEAVERVILLE DEANNEX. (NEW)

    Senate: Concurred On 3rd Reading
    Senate: Ordered Enrolled

S 150: VARIOUS LOCAL ACT CHANGES. (NEW)

    Senate: Conf Com Appointed
    House: Conf Com Appointed

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