GRACE FOR CCRC/WAIVE TIME LIMIT FOR ABAWD. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 395 (Public) Filed Wednesday, March 27, 2019
AN ACT TO REDUCE SALES TAX ASSESSMENT AGAINST CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES AND TO ALLOW THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SEEK A TEMPORARY WAIVER FROM THE TIME LIMITS FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS PARTICIPATING IN THE FOOD AND NUTRITION SERVICES PROGRAM IN RESPONSE TO THE COVID-19 PANDEMIC.
Intro. by Daniel.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Jun 22 2020)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT AMENDING THE RULES OF CIVIL PROCEDURE CONCERNING THE GRANTING OF CONTINUANCES FOR GOOD CAUSE ON ACCOUNT OF SERVICE ON A STATE BOARD, COMMISSION, OR AUTHORITY AS AN APPOINTEE OF THE GOVERNOR, LIEUTENANT GOVERNOR, OR GENERAL ASSEMBLY.

Long title change

House committee substitute to the 2nd edition changed the long title.  Previous title was AN ACT AMENDING THE RULES OF CIVIL PROCEDURE AND THE CRIMINAL PROCEDURE ACT CONCERNING THE GRANTING OF CONTINUANCES FOR GOOD CAUSE ON ACCOUNT OF SERVICE ON A STATE BOARD, COMMISSION, OR AUTHORITY AS AN APPOINTEE OF THE GOVERNOR, LIEUTENANT GOVERNOR, OR GENERAL ASSEMBLY.

Bill History:

S 395

Bill Summaries:

  • Summary date: Jun 22 2020 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Deletes the 2nd edition entirely and adds the following new provisions reducing sales tax assessments against certain continuing care retirement communities and authorizing the Department of Health and Human services to seek a temporary waiver from food and nutrition services program in response to COVID-19.

    Section 1(a) amends Article 9 of GS Chapter 105 to enact new GS 105-244.4B providing forgiveness of certain sales tax assessments of Continuing Care Retirement Communities (CCRC). Allows the Secretary of Revenue to forgive 75% of a sales and use tax assessment against a taxpayer who requests relief for State and local sales and use taxes and waive any penalties imposed as part of the assessment when the assessment is the result of an audit of the taxpayer by the Department of Revenue (Department), so long as all of the 8 factors listed apply. Included in the list is that the taxpayer remitted all the sales and use taxes it collected during the period, had not been directed by the Department in a prior audit to collect sales and use taxes in the circumstance that is the basis of the assessment as reflected in the written audit comments in the prior audit, and the taxpayer has not received other specific written guidance from the Department advising the taxpayer to collect sales and use taxes that are the bases of the assessments for which the taxpayer seeks reduction. Provides procedures that the taxpayer must meet for requesting the reduction. Applies to the following for a tax period ending prior to January 1, 2021: a proposed assessment or portion of a proposed assessment; an assessment that becomes collectible under GS 105-241.22; a pending request for review case; and a pending contested case hearing at the Office of Administrative Hearings. Excludes a refund for sales or use taxes that were originally collected and remitted to the Department. Holds harmless CCRC residents from whom a provider did not collect sales and use taxes at the time of the sale.  Excludes an assessment attributed to failure to collect sales and use tax on items sold on or after January 1, 2021.

    Section 1(b) amends GS 105-164.3 to add definitions of the following terms as those terms are defined in GS 58-64-1: continuing care, facility, provider, and resident.

    Section 1(c) amends Article 5 of GS Chapter 105 to enact new GS 105-164.4L requiring providers of continuing care facilities to collect and remit sales and use tax on items sold to guests or residents who do not reside in a nursing or adult care home. Example of items for which taxes must be collected include prepared meals, alcohol, medical supplies, and laundry services. Where a provider charges a period fee that includes taxable and nontaxable items, the provider must determine the allocated price for taxable items within the fee and apply sales tax to that portion of the fee. Prohibits providers from recovering sales and use tax from residents not collected at time of sale.

    Section 1(d) amends GS 58-64-25 by adding a new subsection (c) prohibiting providers of continuing care facilities from adjusting entrance fees, periodic charges, or recurring fees to recoup from residents sales and use tax not collected by the provider. Makes any provisions in continuing care contracts to the contrary unenforceable. Requires disclosure of the limitations on fee adjustments.

    Section 1(e) authorizes the Revisor of Statutes to renumber subdivisions of GS 105-164.3 and make technical conforming changes consistent with the act.

    Section 2 authorizes the Department of Health and Human Services to seek a temporary waiver from the US Department of Agriculture for time limits established under federal law for able-bodied adults without dependents (ABAWD) participating in the Food and Nutrition Services Program. Effective July 1, 2020 and expires one year from this date.

    Section 3 provides for severability of the provisions of the act.

    Changes the short and long titles of the act accordingly.


  • Summary date: Apr 17 2019 - More information

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

    Further amends GS 1A-1, Rule 40, of the Rules of Civil Procedure. Specifies instances of good cause for continuances in superior court to include instances where a party, witness, or counsel has an obligation of service to the State including any service in carrying out any duties as a member of the General Assembly or service on the Rules Review Commission (was, service as a member of the General Assembly or the Rules Review Commission).

    Makes conforming changes to GS 15A-952, concerning considerations for judges in determining whether to grant continuances, to include for good cause instances in which the defendant, witness, or counsel of record has an obligation of service to the State, including any service in carrying out any duties as a member of the General Assembly, or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly (reflecting the combined changes made to GS 1A-1, Rule 40 of the act). 

    Changes the effective date from October 1 to December 1, 2019.

    Amends the act's titles.


  • Summary date: Mar 27 2019 - More information

    Amends GS 1A-1, Rule 40 of the Rules of Civil Procedure, as follows. The statute allows for continuance in superior court only for good cause. Expands upon good cause to include instances when a party to the proceeding, a witness, or counsel of record has an obligation of service to a state board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly.

    Effective October 1, 2019.


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