Enacts new GS 116-11.5 requiring the UNC Board of Governors to adopt a policy requiring constituent institutions to allow eligible applicants to defer admission to a constituent institution, if they provide notice at least 30 days before enrollment, for the following periods of time: (1) for applicants who are members of the reserve Armed Forces, for at least two years after the member accepts entry into the reserve Armed Forces; and (2) at least five years after accepting entry into active duty service for all other applicants. Eligible applicants are defined as a person who has been admitted to a constituent institution of UNC and who is a member of the uniformed service (Armed Forces, Reserve Armed Forces, or Merchant Marine) or a spouse of a member of the uniformed service. Prohibits a constituent institution of UNC from denying admission to any applicant who indicates their intention to serve in the uniformed service or a person whose application indicates that they may serve. Specifies that this statute does not supersede federal law or require a constituent institution to violate federal law.
Amends GS 116-143.3 by extending the definition of Armed Forces to also include the Space Force, thereby making them and their dependents eligible under the conditions set out in the statute for the in-State tuition rate and applicable mandatory fees at any of the constituent institutions of the University of North Carolina and the community colleges under the jurisdiction of the State Board of Community Colleges. Also amends the statute to give the in-State rates for tuition and mandatory fees to any qualifying veteran admitted to any of the constituent institutions of the University of North Carolina and the community colleges under the jurisdiction of the State Board of Community Colleges who do not qualify as a resident for tuition purposes. Defines a qualifying veteran as a person who: (1) served active duty for no less than 90 days in the Armed Forces; (2) received an honorable discharge from service; and (3) one of the following: graduated from high school in North Carolina on or after January 1, 2004, served active duty with a permanent duty station in North Carolina for at least 90 continuous days, or was awarded a Purple Heart.
Applies beginning with the 2025-26 academic year.
The Daily Bulletin: 2025-02-06
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The Daily Bulletin: 2025-02-06
| Intro. by Campbell, Chesser, Hastings, Pittman. | GS 116 |
Section 1.
Includes whereas clauses. Makes the following changes to Article 38, Respiratory Care Practice Act, of GS Chapter 90. Adds and modifies defined terms as follows. Adds advanced respiratory care practitioner (ARCP), advanced respiratory care procedures, endorsement, invasive diagnostic and therapeutic procedure, practice of advanced practice respiratory therapy, serious injury, and supervising physician to the Article's defined terms. Expands license to include respiratory care practitioners or advanced respiratory care practitioners who have met the requirements and have been issued a certificate by the NC Respiratory Care Board (Board). Revises the practice of respiratory care to specify the term is as defined by the written order of a licensed physician for respiratory care practitioners, as specified, and the performance of diagnostic testing and therapeutic application of the use of associated respiratory care equipment for medical gases, humidity, and aerosols, except anesthesia. Revises support activities to mean tasks that do not require formal academic training, including the delivery, setup, and routine maintenance and repair of respiratory care equipment, and includes giving instructions on the use, fitting, and application of respiratory care equipment, excluding therapeutic evaluation and assessment for an individual patient as defined by Board rules. Makes clarifying changes to physician.
Modifies membership of the Board set forth in GS 90-649 to include one member who must be a state resident to represent the Atlantic Coast Medical Equipment Services Association (replaces the member to represent the NC Association of Medical Equipment Services). Amends GS 90-650 to provide for appointment of this member by the Atlantic Coast Medical Equipment Association.
Revises and adds to the Board's powers and duties set forth in GS 90-652. Grants authority to establish and adopt rules defining the education and credential requirements for persons seeking endorsement. No longer requires the Board to submit a signed form of the licensure applicant consenting to a criminal record check or the use of fingerprints or other identifying information as part of a request for a criminal background check. Changes the reference to the entity providing the Board a criminal record check to the State Bureau of Investigation (currently, Department of Public Safety).
Distinguishes licensure requirements for respiratory care practitioner licenses and advanced respiratory care practitioner licenses under GS 90-653. Revises respiratory care practitioner licensure requirements to require applicants to submit a completed application that includes a signed form consenting to a criminal background check and the use of fingerprints and other identifying information; submit verification of completion of entry-level degree requirements of a respiratory care education program approved by the Commission on Accreditation for Respiratory Care (CoARC) or its successor through submission of an official transcript to the Board; and submitting written evidence, verified by oath, that the applicant passed the exam requirements defined by Board rules given by the National Board for Respiratory Care Inc. (National Board) or its successor for entry-level care practitioners. Eliminates previous provisions regarding provision of the entry-level exam throughout the year. Establishes licensure requirements for advanced respiratory care practitioners, mirroring those for respiratory care practitioners, except as follows. Requires verification of successful completion of the postgraduate requirements of respiratory care education for the advanced practice respiratory therapist approved by CoARC or its successor through submission of an official transcript to the Board, requires verification of successful completion of the minimal requirements for Basic Cardiac Life Support recognized by the specified national entities, and requires verification that the applicant passed the exam requirements defined by Board rules given by the National Board or its successor for advanced-level respiratory care practitioners defined by Board Rules. Adds a new requirement for the Board to state the terms and conditions of use of the license to the licensee upon issuance.
Eliminates the statutory fee set in GS 90-660 for exams. No longer distinguishes a fee for a provisional or temporary endorsement.
Expands the unlawful practices of unlicensed persons under GS 90-661 to include the use of advanced respiratory care practitioner title, letters, or indications.
Enacts GS 90-667, pertaining to confidentiality of Board investigative information. Directs that all investigative information (investigative files and reports, information relating to the identity and report of a physician or other professional performing an expert review for the Board, and any of the Board's investigative materials that are not admitted into evidence) along with any records, papers, and other documents containing information that the Board, its members, or its employees possess, gather, or receive as a result of investigations, inquiries, assessments, or interviews conducted in connection with a licensing complaint, appeal, assessment, potential impairment matter, or disciplinary matter are not considered public records and are not subject to discovery, subpoena, or any means of legal compulsion for release to anyone other than the Board, its employees, or consultants involved in the application for license, impairment assessment, or discipline of the licensee, except for certain disclosures to a licensee in connection with a disciplinary hearing. Specifies that Board is not required to produce any attorney-client privileged information or other information the Board does not intend to offer into evidence and is related to advice, opinions, or recommendations of the Board's staff, consultants, or agents to a licensee in connection with a disciplinary hearing. Specifies that any licensee’s notice of statement of charges, notice of hearing, and all information contained in those documents are considered public records subject to disclosure. Authorizes the Board to report confidential information concerning the denial, annulment, suspension, or revocation of a license to any other health care licensing board in this State, other state, or country, or authorized Department of Health and Human Services personnel who are charged with the enforcement or investigative responsibilities of licensure. Specifies notice requirements to licensee if information is disclosed and procedure for licensee to request a copy of all transmitted information. Sets out provisions governing release of such information if it relates to an ongoing criminal investigation by any law enforcement agency or authorized Department of Health and Human Services personnel with enforcement or investigative responsibilities. Requires the Board to withhold identity related to any patient including information relating to dates and places of treatment, or any other information that would tend to identify the patient, in any proceeding, record of a hearing, and in the notice of charges against any licensee, unless the patient or the patient's representative expressly consents to the public disclosure. Requires all licensees to self-report to the Board any felony arrest or indictment or any arrest for driving while impaired or driving under the influence or for possession, use, or sale of any controlled substances within 30 days of their arrest or indictment.
Adds new GS 90-668, which provides as follows. Allows individuals licensed as advanced respiratory care practitioners to use the title "advanced respiratory care practitioner." Makes it a violation of the Article for an individual to hold themselves out as advanced respiratory care practitioners without being licensed. Allows licensed advanced respiratory care practitioners to practice advanced respiratory care under the supervision of a licensed physician and within the scope of rules adopted by the Board.
Makes organizational, technical, and conforming changes.
Effective October 1, 2025.
Section 2.
Requires the Board to adopt rules to implement and administer the provisions of this act no later than October 1, 2025.
| Intro. by Moss. | GS 90 |
The Daily Bulletin: 2025-02-06
Repeals GS 105-164.14(b) (pertaining to certain semiannual refunds due to certain nonprofit entities).
Enacts new subdivision GS 105-164.13(52a) (pertaining to exemptions from retail sales and use taxes) as follows. Exempts the following tangible personal property, digital property, and services for use in carrying on the work of the following entities, provided the entity is not owned or controlled by the State, from the retail sales and use taxes:
- Hospitals not operated for profit, including hospitals and medical accommodations operated by an authority or other public hospital described in Article 2 of GS Chapter 131E.
- An organization that is exempt from income tax under section 501(c)(3) of the IRS Code and not classified in the National Taxonomy of Exempt Entities major group areas of (1) Community Improvement and Capacity Building, (2) Public and Societal Benefit, or (3) Mutual and Membership Benefit.
- Volunteer fire departments and volunteer emergency medical services squads that are (1) exempt from income tax under the IRS Code; (2) financially accountable to a city as defined in GS 160A-1 (pertaining to cities and towns), a county, or a group of cities and counties; or (3) both.
- An organization that is a single member LLC that is disregarded for income tax purposes and satisfies all of the following conditions: (1) the owner of the LLC is an organization that is exempt from income tax under section 501(c)(3) of the IRS Code, (2) the LLC is a nonprofit entity that would be eligible for an exemption under section 501(c)(3) of the IRS Code if it were not disregarded for income tax purposes, and (3) the LLC is not an organization that would be properly classified in any of the major group areas of the National Taxonomy of Exempt Entities listed above.
- Qualified retirement facilities whose property is excluded from property tax under State tax law on qualified retirement facilities.
- A university-affiliated nonprofit organization that procures, designs, constructs, or provides facilities to, or for use by, a constituent institution of The University of North Carolina. Specifies that for purposes of this sub-subdivision, a nonprofit organization includes an entity exempt from taxation as a disregarded entity of the nonprofit organization.
- Over-the-counter drugs purchased for use in carrying out the work of a hospital not listed above.
Specifies that the exemption includes indirect sales to a nonprofit entity of digital property and tangible personal property purchased by a real property contractor that becomes a part of or permanently installed or applied to any building or structure that is owned or leased by the nonprofit entity and is being erected, altered, or repaired for use by the nonprofit entity for carrying on its nonprofit activities. Directs that a sale to fulfill a real property contract with an entity that holds an exemption certificate is exempt to the same extent as if purchased directly by the entity that holds the exemption certificate. Sets forth certificate requirements for a real property contractor that purchases an item allowed an exemption under GS 105-164.13(52a). Directs a real property contractor who pays local sales and use taxes on property qualifying for an exemption under this subdivision on behalf of an entity must give the entity for whose project the property was purchased a signed statement containing (1) the date the property was purchased; (2) the type of property purchased; (3) the project for which the property was used; (4) if the property was purchased in this State, the county in which it was purchased; and (5) if the property was not purchased in this State, the county in which the property was used. If the property was purchased in this State, the real property contractor must attach a copy of the sales or purchase receipt to the statement.
Clarifies that the exemption set forth above does not apply to (1) purchases of electricity, telecommunications service, ancillary service, piped natural gas, video programming, a prepaid meal plan, aviation gasoline and jet fuel, and spirituous liquor or (2) sales and use tax liability indirectly paid by a nonprofit entity through reimbursement to an authorized person of the entity for tax incurred by the person on an item or transaction subject to State tax law.
Sets an aggregate annual exemption amount allowed to an entity under this subdivision for a fiscal year at no more than $31.7 million in tax.
Enacts GS 105-164.29C detailing a process for a nonprofit entity to apply for the exemption set forth above, including tax liability for failure to use the purchased goods. Makes conforming changes to GS 105-467(b) (pertaining to exemptions and refunds) to refer to the exemption under new GS 105-164.13(52a).
Amends GS 105-236(a)(5a) (pertaining to penalties for misuse of an exemption certificate or affidavit of capital improvement) to specify that misuse under the subdivision includes improper use of a certificate of exemption issued to a nonprofit entity for the sales and use tax exemption set forth above.
Effective October 1, 2025, and applies to sales and purchases made on or after that date.
Exempts from the entertainment activity tax set forth in GS 105-164.4G events held by a nonprofit entity exempt from tax under State law solely for fundraising purposes for the entity, notwithstanding that entertainment activity may be offered as an ancillary purpose of the event. Effective July 1, 2025, and applies to admission charges for entertainment activities held on or after that date.
Specifies that act does not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by this act before the effective date of its amendment or repeal, nor does it affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal.
| Intro. by Burgin. | GS 105 |
Enacts new GS 20-2.1 establishing the nine-member Board of Motor Vehicles (Board), which will appoint the Commissioner of Motor Vehicles (Commissioner) and oversee the organization and administration of the DMV by the Commissioner. Sets out the Board's membership, including members appointed by the Governor and by NCGA upon recommendation of the President Pro Tempore of the Senate and upon recommendation of the Speaker of the House. Sets out staggered membership terms. Sets out provisions governing membership terms, appointment of successors, and removal of members. Requires the Board to meet at least quarterly and allows the Board to select a chairperson and other officers. Makes conforming changes to GS 20-2 by changing the authority to appoint the Commissioner from the Secretary of the Department of Transportation (DOT) to the Board. Makes a clarifying change to GS 20-3. Effective July 1, 2025.
Sets out the NCGA's intent to consider creating the Motor Vehicle Authority (Authority) as a successor agency to the DMV. The Authority would assume the DMV's legal authority and: (1) consist of a nine-member board, with five members appointed by the NCGA and four by the Governor; (2) appoint specified officers; (3) be responsible for hiring the Commissioner and setting the Commissioner's salary; and (4) have authority to replace the Commissioner. Requires DOT to consult with the Department of Information Technology and State Highway Patrol in studying and providing a plan for implementing the creation of the Authority. Sets out issues that must be addressed. Requires DOT to report the findings of the study to the NCGA, and chairs of the specified NCGA committee and division, by January 1, 2026.
The Daily Bulletin: 2025-02-06
Amends GS 115C-84.2 (school calendars) to allow Hertford County Schools to align its school calendars governing the local school administrative unit with the calendar of a community college serving the city or county where the unit is located. Applies beginning with the 2025-26 school year.
The Daily Bulletin: 2025-02-06
Blank bill.
| Intro. by Blue. | Wake |
Amends GS 160D-601(d), as amended by Section 3K.1 of SL 2024-57, as follows. Allows down-zoning amendments to be initiated by a local government without the written consent of all property owners whose property is the subject of the amendment. Removes prohibition on enacting such amendments without the written consent of the property owners whose property owners are subject to the amendment, but specifies that such amendments cannot be initiated or enforced without such written consent. Narrows the list of what is considered down-zoning under the statute by removing a zoning ordinance that affects an area of land by creating any type of nonconformity on land not in a residential zoning district, including a nonconforming use, nonconforming lot, nonconforming structure, nonconforming improvement, or nonconforming site element. Applicable only to Buncombe County and the municipalities located therein. Effective when the act becomes law and applies retroactively to December 11, 2024. Directs that any adopted ordinance affected by Section 3K.1 of SL 2024-57 will be in effect as it was on or before December 11, 2024.
Actions on Bills: 2025-02-06
H 59: EXPAND ELDERLY/DISABLED HOMESTEAD EXCLUSION.
H 60: MODERNIZE MEDICAID DENTAL RATES.
H 61: ASSAULTS ON FIRST RESPONDERS.
H 62: FARMERS PROTECTION ACT.
H 64: CONST. AMEND. – GUBERNATORIAL CLEMENCY.
H 65: SIGMA GAMMA RHO SPECIAL REGISTRATION PLATE.
H 66: REDUCE EARLY VOTING PERIOD.
H 67: INTERSTATE MEDICAL LICENSURE COMPACT.
H 69: MILITARY AND VETERANS EDUCATIONAL PROMISE ACT. (NEW)
H 71: RESPIRATORY CARE MODERNIZATION ACT.
S 55: STUDENT USE OF WIRELESS COMMUNICATION DEVICES.
S 56: DISASTER RECOVERY ACT OF 2025 - PART I.
S 57: WORKERS' COMP/PAY FOR HEARING AIDS & GLASSES.
S 58: AG/RESTRICT CHALLENGE TO PRESIDENTIAL EOS.
S 59: REVISE VOLUNTARY AG. DISTRICT LAWS.
S 60: GSC ATTORNEYS' FEES IN DEBT INSTRUMENTS.
S 61: I-95 TOLL PROHIBITION.
S 62: NONPROFIT FUNDRAISING SALES TAX EXEMPTION.
S 63: BOARD OF MOTOR VEHICLES/AUTHORITY STUDY.
Actions on Bills: 2025-02-06
H 63: TOWN OF ANDREWS/DEANNEXATION.
H 70: SCHCALFLEX/HERTFORD/CC.
S 53: 30TH SENATORIAL DISTRICT LOCAL ACT-1.
S 54: 5TH SENATORIAL DISTRICT LOCAL ACT-1.
S 64: 14TH SENATORIAL DISTRICT LOCAL ACT-1.
S 65: RESTORE DOWN-ZONING/BUNCOMBE CO.
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