Senate amendment to the 3rd edition makes the following changes.
Expands the proposed authority granted in GS 106-145.5 for the Commissioner of Agriculture to review an application and issue or deny a wholesale prescription drug distributor license that is conditioned upon the approval of a prescription drug under section 505 of the Federal Food, Drug, and Cosmetic Act while the federal approval process is pending, to also allow the Commissioner to grant reciprocity for out-of-state wholesale distributors under GS 106-145.3(b) or accept registration of producers of prescription drugs and devices under GS 106-140.1 under the same conditions.
The Daily Bulletin: 2021-08-25
The Daily Bulletin: 2021-08-25
|Intro. by Sasser, Potts, Carney, K. Baker.||GS 106|
Senate amendment to the 3rd edition makes organizational and clarifying changes to the act's effective date provisions.
House committee substitute to the 3rd edition makes the following changes.
Amends proposed GS 160D-402.1, which requires local governments to complete an administrative review of an application for development approval and any supporting documents within 30 days of receipt within specified procedural requirements. Regarding instances in which a local government receives a corrected application from a developer following notice of deficiency or deficiencies, further directs the local government to notify the developer within 10 days of receipt of the corrected application that either (1) the application is complete and no further information is required for the local government to make a development approval determination (was, that the application is complete) or (2) the application does not correct all of the identified deficiencies.
House amendment to the 1st edition changes the act's long title to more accurately reflect the bill's content.
|Intro. by Rules, Calendar, and Operations of the House.||HOUSE RES|
The Daily Bulletin: 2021-08-25
House amendment to the 1st edition makes the following changes.
Adds the following to proposed GS 62-133.1B, which authorizes the Utilities Commission (Commission) to approve a water or sewer facility's Water and Sewer Investment Plan (Plan) upon application by the facility in a general rate proceeding if the Commission finds the plan results in rates that are just and reasonable and are in the public interest. Requires the Commission to report, by July 1, 2026, to the specified NCGA commission on the impacts of each Water and Sewer Investment Plan approved by the Commission under the statute for a water or sewer utility. Requires the report to include at least a Plan's impact on rates for customers of the applicable utility, number of customers disconnected for nonpayment in the four years prior to Commission approval of a Plan for the applicable utility, the number of utility customers disconnected for nonpayment after approval and implementation of the Plan to the date the report is submitted, and the amount of utility earnings under an approved plan. Requires the Commission to consult with the Department of Environmental Quality, and report on impacts to drinking water quality of utility customers or to surface or groundwater resources from Plans implemented by water and sewer utilities. Makes a clarifying change in GS 62-133.12 (g).
|Intro. by Newton.||GS 62|
Conference report makes the following changes to the 5th edition.
Makes a technical correction to a statutory cross-reference.
Makes a technical change to proposed GS 115C-84.3, which grants remote instruction authority to public school units in a county that has received a good cause waiver from the school calendar opening and closing dates under GS 115C-84.2(d). Eliminates authority for a local board of education to provide virtual instruction as provided in previously proposed Part 3A, Article 16, GS Chapter 115C, now deleted from the act.
Further extends the proposed extension for a continuing professional license applicant whose license expires June 30, 2021, to meet the exam requirements established by the State Board as of June 30, 2021, applicable to applicants holding a current initial professional license, residency license, lateral entry license, or limited license expiring June 30, 2021, and those who who have not met the coursework requirements established by the State Board as of June 30, 2021, now granting an extension until December 31, 2021 (was, September 30, 2021).
Deletes the following content from the act: Part IIIB. (enacting new Part 3A, Article 16, GS Chapter 115C, providing for local boards of education to apply to the State Board of Education for approval of virtual academies, with related authorities and restrictions for local units and charter schools); Part VIII. (setting specified social studies standards for the 2022-23 school year); Part XI. (setting certain class size requirements for the 2021-22 school year); and Part XII. (amending SL 2021-25 to revise and add to the allocation of federal funds received under the American Rescue Plan Act from the Elementary and Secondary School Emergency Relief Fund).
Adds the following new content.
Authorizes public school units to provide virtual instruction during the 2021-22 school year to a student with the consent of the student's parent or legal guardian in accordance with a virtual instruction plan so long as the plan is submitted by the governing board to DPI by October 1, 2021. Directs DPI to make available a copy of each governing board's virtual instruction plan to the specified NCGA committee and the Working Group on Virtual Academies by October 15, 2021. Lists 14 components required to be included in a virtual instruction plan, including (1) the range of grades for which virtual instruction will be offered and the differences in delivery for elementary, middle, and high school students; (2) whether the virtual instruction will be offered through a school whose primary means of instruction is virtual instruction, a school within a school, or customized offering unique to specific students; (3) the estimated numbers of students to be served with virtual instruction; (4) participation requirements; and (5) the methods by which enrollment, daily attendance, course credit accrual, progress toward graduation, and course completion will be monitored for students receiving virtual instruction. Prohibits public school units from using virtual instruction to satisfy the minimum required number of instructional days or hours after June 30, 2022, without express legislative authorization, except for local units that were assigned a school code to operate a school with virtual instruction as the primary means of instruction as of May 1, 2021.
Directs the Superintendent of Public Instruction to establish a Working Group on Virtual Academies with specified stakeholders, including parents and the State Board of Education, to make recommendations on identified components related to virtual academies, such as required authorization and infrastructure and instructional requirements, to the specified NCGA committee by March 15, 2022.
Requires all public school units to adopt a policy regarding the use of face coverings by employees and students for the 2021-22 school year. Requires the governing body of the public school unit to vote at least monthly on whether the policy should be modified.
Requires a person required to sign a driving eligibility certificate to issue the certificate without requiring the person to whom it is issued to be making progress toward obtaining a high school diploma or its equivalent, and no school authority shall notify the Division of Motor Vehicles (DMV) that a person no longer meets the requirements for a driving eligibility certificate because the person is not making progress toward obtaining a high school diploma or its equivalent. Expires January 30, 2022.
Directs the DMV to restore the permit or license if revoked under GS 20-13.2(c1) due to ineligibility for a driving eligibility certificate under GS 20-11(n) at no charge, and expunge any record of revocation from the person's driving record. Applies to revocations resulting from notifications of ineligibility received by the DMV dated on or after March 1, 2020, through the date the act becomes law.
Senate committee substitute to the 3rd edition makes the following changes.
Revises new Article 5H, the NC Compassionate Care Act, as follows. Makes organizational changes by renumbering the statutes in the Article; making conforming changes to internal cross-references. Makes the following revisions to the Article's defined terms. Changes the inclusive list of cannabis-infused products provided to now include a tablet, capsule, concentrated liquid or viscous oil, liquid suspension, topical preparation, transdermal preparation, sublingual preparation, gelatinous cube, gelatinous rectangular cuboid, lozenge in a cube or rectangular cuboid shape, resin or wax (was, edible cannabis product, topical product, ointment, oil, patch, spray, suppository, or tincture). Adds to the enumerated diagnoses included as a debilitating medical condition: (1) a terminal illness when the patient's remaining life expectancy is less than six months; and (2) a condition resulting in the individual receiving hospice care; no longer includes other debilitating conditions of the same kind or class as or comparable to those enumerated. Eliminates the requirement in the defined term for a physician to have completed a three hour continuing education course on cannabis and an annual one hour supplemental medical education course thereafter (see new GS 90-113.114 instead). Adds and defines smoking as the use or possession of a lighted cannabis product. Adds and defines vaping as the use of a product which heats a liquid or other form of cannabis in a manner so as to release an aerosol. Now requires a written certification to include the patient's debilitating medical condition, the amount and dosage of the cannabis or cannabis-infused product within an adequate supply, and the period of time for which the written certification is valid (not to exceed one year), in addition to the previously stated requirements, which include declaring that the patient has a debilitating medical condition whereby the potential benefits of the medical use of cannabis would likely outweigh the health risk for the patient, and stating the delivery method of the cannabis.
Renames the Medical Cannabis Advisory Board as the Compassionate Use Advisory Board. Makes conforming changes throughout the Article to reflect the change. Clarifies that the gubernatorially appointed member who is a representative of a supplier must be licensed. Adds a new subsection to provide for filling member vacancies.
Adds a new statute to the Article as follows. Requires physicians to complete a three-hour continuing medical education course on cannabis and an annual one-hour supplemental medical education course thereafter, as approved by the NC Medical Board. Requires maintaining records of compliance for six consecutive years with permitted inspection by the Department of Health and Human Services (DHHS) or the NC Medical Board or its agents. Adds a new requirement for physicians to register written certifications in the medical cannabis registry database electronically. Requires physicians to reevaluate an existing qualified patient as needed to determine the efficacy of the use of cannabis as a treatment for the patient's medical condition, at least once a year, to include an in-person physical examination and checking of the patient's prescription history. Requires physicians to update the medical cannabis registry database within seven days after any change is made to the original written certification. Requires physicians to provide education to a qualified patient on the risk and symptoms of cannabis use disorder and cannabis-induced psychosis upon initial written certification and at least annually thereafter. Prohibits physicians who provide written certifications to qualified patients from being employed by or have any direct or indirect economic interest in a supplier or cannabis testing laboratory. Prohibits physicians from evaluating patients or advertising on the site of a medical cannabis center. Adds to the components that must be covered by rules required to be adopted by the NC Medical Care Commission to implement registry identification cards, now requiring adopted rules to include a limitation on the number of written certifications a physician can issue at any given time. Makes a technical change to eliminate the statutory requirement for the rules to be adopted within 270 days of the act's effective date, and instead provides an uncodified requirement for the NC Medical Care Commission to adopt such rules within 270 days of the date the act becomes law.
Adds a new statute to the Article requiring registry identification cardholders to carry the card and valid identification whenever the cardholder is carrying cannabis or cannabis-infused products. Also requires the cardholder to disclose to any law enforcement officer that the cardholder holds a valid registry identification card when approached or addressed by the officer and display both the registry identification card and valid identification at the request of a law enforcement officer.
Makes organizational changes throughout the remaining content of the Article, with the following changes.
Adds to the membership of the Medical Cannabis Production Commission (Commission), now totaling 11 members: (1) the Agriculture Commissioner, or designee, (2) a chief of police designated by the North Carolina Association of Chiefs of Police, and (3) a physician member of the NC Medical Board designated by the NC Medical Board. Grants authority for the Commission to suspend or revoke a medical cannabis supplier license if the Commission determines that the supplier is not in substantial compliance with the Chapter or with rules adopted by the Commission. Adds a new requirement for the Commission to give a supplier 14 days' notice of a proposed suspension or revocation, including basis and possible remedial options. Makes a technical change to eliminate the statutory requirement for the Commission to adopt rules implementing the medical cannabis supply system, supplier licensing, and supplier sales and supply restrictions within 270 days of the date the act becomes law, and instead provides an uncodified requirement for the Commission to adopt such rules within 270 days of the Commission's first meeting.
Divides the content of previous GS 90-113.120, Regulated medical cannabis supply system, now enacting the previous content in six distinct statutes, GS 90-113.119 through GS 90-113.123, GS 90-113.128 and GS 90-113.137, with the following changes. Makes a technical change to eliminate the statutory time period for the Commission to establish a medical cannabis supply system within 270 days of the date the act becomes law, and instead provides an uncodified requirement for the Commission to establish a system within 270 days of the Commission's first meeting. Makes technical changes to consistently refer to suppliers rather than licensees. Clarifies that both applicants and suppliers are required to notify DHHS of any change in information submitted in a license application or renewal form within 30 days after the change. Makes technical changes to consistently refer to cannabis production rather than medical cannabis production. Eliminates the requirement for a supplier to grow cannabis in a controlled, secured environment and prohibits sites where cannabis is grown from being open to the public. Adds to the items the system revenues from license fees and monthly gross revenue fees are appropriated to the Commission to fund, to include the NC Cannabis Research Program established by the Article, limited to an amount of funding to be determined by the Commission, and subject to the priority given to costs associated with establishing and operating the regulated medical cannabis supply system, and the registry system. Makes further clarifying and organizational changes, including adding descriptive captions to subsections. Makes conforming changes to reflect organizational changes.
Amends and adds to the proposed protections for the medical use of cannabis. Qualifies the requirement that the weight of other ingredients that are not usable cannabis cannot be included for the purpose of determining whether a qualified patient is in possession of an amount of cannabis that exceeds the qualified patient's adequate supply, limiting the restriction to when usable cannabis is infused or added as an ingredient to an edible cannabis product, salve, tincture, or any other preparation to be consumed or used by a qualified patient. Adds the following. Prohibits an employee, officer, or agent of the State who makes a finding, determination, or otherwise considers a qualified patient or designated caregiver's possession or use of cannabis, or a cannabis-infused product from considering such use or possession any differently than the lawful possession or use of any prescribed controlled substance if the qualified patient or designated caregiver's possession or use complies with the Article.
Adds the following new statute. Specifies that the new Article does not authorize a registry identification cardholder to engage in the smoking of cannabis or the vaping of cannabis for medical use in seven places identified by the act, including (1) in a public place or a place open to the public, (2) in any place of employment, (3) in a vehicle, (4) in or within 1,000 feet of the property line of a church, child care facility, public school or nonpublic school, community college or UNC facility or grounds, unless the use occurs within a private residence. Provides further specifications relating to smoking or vaping near a child care facility or community college or UNC facility or grounds. Makes smoking or vaping cannabis in violation of these prohibitions an infraction punishable by a fine of up to $25.
Makes clarifying changes to the required determinations and actions of medical cannabis center employees prior to dispensing cannabis or cannabis-infused products to a registry identification cardholder.
Enacts a new statute providing hour, location, and age restrictions for medical cannabis centers. Prohibits licensed medical cannabis centers from selling cannabis or cannabis-infused products between 7:00 p.m. and 7:00 a.m. Bars locating a medical cannabis center within 1,000 linear feet of the property line of a church, child care facility, public school or nonpublic school, or community college or UNC facility or grounds. Requires an individual to be 18 or older to enter a medical cannabis center, unless the individual is a registry identification cardholder.
Revises and adds to the provisions governing advertising and packaging of cannabis and cannabis-infused products under the Article. Divides the previous substantive content of GS 90-113.126 into two distinct statutes, GS 90-113.131 and GS 90-113.132, with the following changes. Limits medical cannabis center signage to the center's name, logo, and hours of operation, notwithstanding local government ordinances prohibiting signage. Adds new authority for medical cannabis centers to maintain a website that includes specified information, including the logo and hours of operation, the product or service available, affiliated personnel, best practices the center upholds, and education materials. Adds a new provision directing DHHS to adopt rules to define standards for a medical cannabis center's name, signage, and logo to ensure a medical rather than recreational disposition.
Regarding the disposal of cannabis, more specifically requires a medical cannabis center to destroy all cannabis and cannabis-infused products that are not sold to registry identification cardholders (was, qualifying patients or designated caregivers) in accordance with DHHS rules.
Adds to the guidelines for the construction of the Article to prohibit construction of the Article to (1) impair the ability of any party to prohibit or limit smoking or vaping of cannabis on his or her private property, or (2) impair the ability of a community association to prohibit or limit sampling or vaping of cannabis in a common area through the community association's declaration or bylaws.
Adds new uncodified content to require initial appointments to the Compassionate Use Advisory Board and the Medical Cannabis Production Commission under the Article be made within 45 days after the effective date of the act. Provides guidelines for the appointment of members to staggered terms, with terms ranging from one year to four years, as specified. Requires the Medical Cannabis Production Commission to hold their first meeting within 60 days of the date the act becomes law.
Updates statutory cross-references in new GS 105-164.13(13e).
Further amends GS 106-121 (definitions under Food, Drugs, and Cosmetics Act) to also exclude cannabis from the defined terms drug and food. Updates statutory cross-references.
Effective December 1, 2021, amends GS 15A-974, regarding the exclusion or suppression of unlawfully obtained evidence. Adds new subsection (a1) to bar the suppression of evidence obtained as the result of a search that was supported by probable cause at the time of the search solely on the basis that either: (1) a subsequent determination that a substance believed to be a controlled substance at the time of the search was not a controlled substance; or (2) a subsequent determination that the presence of a controlled substance at the time of the search was not a violation of law.
Updates statutory cross-references in the proposed changes to GS 90-87(16).
Eliminates the proposed repeal of Sections 8.5(a) and 8.5(b) of S.L. 2015-154, which repeal Article 5G of GS Chapter 90 (Epilepsy Alternative Treatment Act), effective July 1, 2021.
The Daily Bulletin: 2021-08-25
Senate committee substitute to the 2nd edition makes the following changes.
Makes technical corrections to reflect the accurate amendment history of the Plan for the Merger of Craven County Board of Education and New Bern City Board of Education and to Create and Establish One Administrative Unit for Both of the Public School Units in Craven County, as amended. Makes technical formatting changes to session law references.
Makes technical corrections to reflect the accurate amendment history and existing language of GS 115C-37.1(d), as amended, by incorporating changes already made by 2021 session laws.
|Intro. by Kidwell.||Craven|
Senate committee substitute deletes the content of the 3rd edition and replaces it with the following.
Removes the identified parcels from the corporate limits of Chimney Rock Village and adds them to the corporate limits of the Town of Lake Lure.
Removes the identified parcels from the corporate limits of the Town of Lake Lure and adds them to the corporate limits of Chimney Rock Village.
States legislative findings that the identified parcels are owned by local governments and there are no tax implications arising from the act's provisions.
Makes conforming changes to the act's titles.
|Intro. by Torbett.||Rutherford|
Senate committee substitute to the 1st edition makes the following changes. Makes technical changes to GS 162-5.1 by incorporating to the statute changes that were previously made by SL 2021-107.
Senate committee substitute to the 1st edition makes the following changes. Further amends Section 3.4 of the Carolina Shores Town Charter, found in SL 1998-75, as amended, which set the Mayor's term at four years by no longer specifying that this change is to begin in 2021. Amends the act's effective date provision by adding that and municipal elections in 2021 and thereafter must be held according to the act.
Adds the requirement that the Brunswick County Board of Elections reopen the filing period for the office of Mayor for the Town of Carolina Shores for a period to run from September 7, 2021, to September 10, 2021.
|Intro. by Iler.||UNCODIFIED, Brunswick|
Senate committee substitute to the 2nd edition makes the following changes. Amends the Spring Lake Town Charter, SL 1977-742, as amended, by removing the proposed changes to Section 4., which would have allowed the board of aldermen to consolidate any two or more positions subject to the provisions of the State's laws and regulations. Makes conforming changes to the act's long title.
|Intro. by Lucas, Richardson, Szoka, Wheatley.||UNCODIFIED, Cumberland|
Senate committee substitute to the 3rd edition makes the following changes.
Previously, the act requires the Asheville City Board of Education (Board) to be composed of seven members beginning in 2022. Adds that three members must be appointed by the governing body of the City of Asheville and four members must be elected pursuant to the act. Provides that the Board must be composed of seven members elected to staggered four-year terms beginning in 2024. Makes conforming changes to eliminate previous provisions providing for staggered terms of members elected in 2022. Previously, provided for the terms of Board members serving at the time of the 2022 election to expire upon the qualification of members elected to the Board under the act. Instead, provides for the terms of the members appointed to the Board who are serving their terms at the time of the effective date of the act to expire as follows. Requires (1) the seats of the two members appointed to the Board in 2019 to expire in 2022 upon the qualification of the members elected to the Board in 2022 in accordance with the act, and (2) the seats of the three members appointed to the Board in 2021 to expire in 2024 upon the qualification of the members elected to the Board in 2024 in accordance with the act.
Revises the proposed statutory repeals set forth to more specifically repeal Section 2 of SL 1947-255 (was, the entire session law), concerning the Board. Makes formatting changes to the proposed repeals.
Adds the following.
Amends Section 4 of SL 1975-532, as amended, to require the candidates of the Buncombe County Board of Education representing districts to be voted on by the eligible voters residing in that district, and the candidate representing the Buncombe County School Administrative Unit at large to be voted on at large by the eligible voters residing in the Buncombe County School Administrative Unit (currently, requires candidates of the Buncombe County Board of Education and the Buncombe County School Administrative Unit to be voted on at large by the eligible voters residing in the Administrative Unit). Also eliminates the requirement that the Buncombe County Board of Education be elected by nonpartisan election. Makes language gender neutral. Makes technical and clarifying changes.
Changes the act's titles.
|Intro. by Fisher, Turner, Ager.||Buncombe|
The Daily Bulletin: 2021-08-25
Actions on Bills: 2021-08-25
H 27: IN-SERVICE TRAINING/MAGISTRATES.
H 95: WHOLESALE RX DISTRIBUTION LICENSEE CHANGE. (NEW)
H 181: WILDLIFE RESOURCES COMM'N. AMENDMENTS.-AB
H 324: ENSURING DIGNITY & NONDISCRIMINATION/SCHOOLS. (NEW)
H 351: CLIFFORD'S LAW. (NEW)
H 403: CLARIFY MOTOR VEHICLE FRANCHISE LAWS.
H 436: SUPPORT LAW ENFORCEMENT MENTAL HEALTH.
H 476: JUDGES IN STANLY/MONTGOMERY COUNTIES. (NEW)
H 536: LAW ENFORCEMENT DUTY TO INTERVENE.
H 608: DIGNITY FOR WOMEN WHO ARE INCARCERATED.
H 650: OMNIBUS DMV BILL.
H 685: ELECTRONIC TRANSACTION FEES/OFFICIAL FEES.
H 692: RESTRICT CERTAIN VEHICLE MODIFICATIONS.
H 769: FOSTER PARENTS' BILL OF RIGHTS.
H 805: PREVENT RIOTING AND CIVIL DISORDER.
H 853: PLAN REVIEW & CERT OF OCCUP. SCOPE CHANGES.
H 973: URGE PRESIDENT AND CONGRESS ON AFGHANISTAN.
S 159: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB
S 207: VARIOUS RAISE THE AGE CHANGES/JJAC RECS.
S 211: AMEND WATER/SEWER RATE ADJUSTMENT MECHANISMS.
S 228: ALLOW EMPLOYERS TO OFFER EPO BENEFIT PLANS.
S 300: CRIMINAL JUSTICE REFORM.
S 379: ISSUANCE OF UNREGISTERABLE CERT. OF TITLE.
S 421: CC/IN-STATE TUITION & BOARD ELECTIONS. (NEW)
S 462: CON/THRESHOLD AMDS. & CERTIFICATE EXPIRATIONS.
S 542: SHP COMBAT FRAUD/PROPERTY FINDERS STNDS. (NEW)
S 570: HOLD HARMLESS STAR RATINGS/ERS ASSESS. RESUME.
S 636: DONOR PRIVACY.
S 654: K-12 COVID-19 PROVISIONS.
S 693: EXPEDITE CHILD SAFETY AND PERMANENCY.
S 711: NC COMPASSIONATE CARE ACT.
S 730: KATHERINE M.R. BOSKEN, COMMISSIONER OF BANKS.
S 733: 2021 APPOINTMENTS BILL.
Actions on Bills: 2021-08-25
H 3: CRAVEN BD OF ED/PARTISAN ELECTORAL DISTRICTS. (NEW)
H 24: CHIMNEY ROCK/LAKE LURE DEANNEX-ANNEX. (NEW)
H 143: SWAIN COUNTY SHERIFF VACANCIES.
H 229: EXTEND MAYOR'S TERM TO 4 YRS./CAROLINA SHORES.
H 248: SPRING LAKE CHARTER AMENDMENT.
H 400: ASHEVILLE CITY SCH. BD. APPT/ELECTIONS. (NEW)
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