AN ACT TO PROVIDE FUNDS FOR DISASTER RELIEF FROM HURRICANE DORIAN AND OTHER NAMED STORMS, FUNDS FOR RESILIENCY MEASURES AGAINST FUTURE STORMS, AND FUNDING FOR THE RURAL HEALTH CARE STABILIZATION FUND; TO MAKE CORRECTIONS TO VARIOUS BUDGET RELATED BILLS; AND TO ENACT CERTAIN BUDGET PROVISIONS FROM HOUSE BILL 966, 2019 REGULAR SESSION. SL 2019-250. Enacted November 18, 2019. Effective November 18, 2019, except as otherwise provided.
2019 STORM RECOVERY/VAR. BUDGET CORRECTIONS. (NEW)
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AN ACT TO PROVIDE FUNDS FOR DISASTER RELIEF FROM HURRICANE DORIAN AND OTHER NAMED STORMS, FUNDS FOR RESILIENCY MEASURES AGAINST FUTURE STORMS, AND FUNDING FOR THE RURAL HEALTH CARE STABILIZATION FUND; TO MAKE CORRECTIONS TO VARIOUS BUDGET RELATED BILLS; AND TO ENACT CERTAIN BUDGET PROVISIONS FROM HOUSE BILL 966, 2019 REGULAR SESSION.Intro. by Hurley, Johnson, Horn, Elmore.
SOG comments (2):
Long title change
Conference report to the 3rd edition changed the long title. Previous long title was AN ACT TO PROVIDE STATE MATCH FOR DISASTER RELIEF FROM HURRICANE DORIAN AND OTHER NAMED STORMS AND CONTINGENT FUNDING FOR THE RURAL HEALTH CARE STABILIZATION FUND.
Bill History:
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Tue, 26 Feb 2019 House: Filed
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Tue, 26 Feb 2019 House: Filed
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Tue, 26 Feb 2019 House: Filed
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Tue, 26 Feb 2019 House: Filed
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Wed, 27 Feb 2019 House: Passed 1st Reading
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Wed, 27 Feb 2019 House: Passed 1st Reading
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Wed, 27 Feb 2019 House: Passed 1st Reading
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Wed, 27 Feb 2019 House: Passed 1st Reading
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Tue, 19 Mar 2019 House: Reptd Fav Com Substitute
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Tue, 19 Mar 2019 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 19 Mar 2019 House: Reptd Fav Com Substitute
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Tue, 19 Mar 2019 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 19 Mar 2019 House: Reptd Fav Com Substitute
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Tue, 19 Mar 2019 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Mon, 25 Mar 2019 House: Reptd Fav
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Mon, 25 Mar 2019 House: Cal Pursuant Rule 36(b)
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Mon, 25 Mar 2019 House: Placed On Cal For 03/27/2019
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Mon, 25 Mar 2019 House: Reptd Fav
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Mon, 25 Mar 2019 House: Cal Pursuant Rule 36(b)
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Mon, 25 Mar 2019 House: Placed On Cal For 03/27/2019
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Mon, 25 Mar 2019 House: Reptd Fav
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Mon, 25 Mar 2019 House: Cal Pursuant Rule 36(b)
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Mon, 25 Mar 2019 House: Placed On Cal For 03/27/2019
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Wed, 27 Mar 2019 House: Passed 2nd Reading
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Wed, 27 Mar 2019 House: Passed 3rd Reading
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Wed, 27 Mar 2019 House: Passed 2nd Reading
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Wed, 27 Mar 2019 House: Passed 3rd Reading
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Wed, 27 Mar 2019 House: Passed 2nd Reading
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Wed, 27 Mar 2019 House: Passed 3rd Reading
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Thu, 28 Mar 2019 House: Regular Message Sent To Senate
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Thu, 28 Mar 2019 Senate: Regular Message Received From House
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Thu, 28 Mar 2019 Senate: Passed 1st Reading
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Thu, 28 Mar 2019 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 28 Mar 2019 House: Regular Message Sent To Senate
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Thu, 28 Mar 2019 Senate: Regular Message Received From House
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Thu, 28 Mar 2019 Senate: Passed 1st Reading
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Thu, 28 Mar 2019 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 28 Mar 2019 House: Regular Message Sent To Senate
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Thu, 28 Mar 2019 Senate: Regular Message Received From House
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Thu, 28 Mar 2019 Senate: Passed 1st Reading
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Thu, 28 Mar 2019 Senate: Ref To Com On Rules and Operations of the Senate
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Fri, 24 May 2019 Senate: Withdrawn From Com
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Fri, 24 May 2019 Senate: Withdrawn From Com
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Fri, 24 May 2019 Senate: Withdrawn From Com
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Mon, 28 Oct 2019 Senate: Withdrawn From Com
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Mon, 28 Oct 2019 Senate: Ref To Com On Finance
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Mon, 28 Oct 2019 Senate: Withdrawn From Com
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Mon, 28 Oct 2019 Senate: Ref To Com On Finance
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Mon, 28 Oct 2019 Senate: Withdrawn From Com
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Mon, 28 Oct 2019 Senate: Ref To Com On Finance
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Wed, 30 Oct 2019 Senate: Withdrawn From Com
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Wed, 30 Oct 2019 Senate: Re-ref Com On Appropriations/Base Budget
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Wed, 30 Oct 2019 Senate: Withdrawn From Com
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Wed, 30 Oct 2019 Senate: Re-ref Com On Appropriations/Base Budget
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Wed, 30 Oct 2019 Senate: Withdrawn From Com
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Wed, 30 Oct 2019 Senate: Re-ref Com On Appropriations/Base Budget
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Thu, 31 Oct 2019 Senate: Reptd Fav Com Substitute
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Thu, 31 Oct 2019 Senate: Com Substitute Adopted
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Thu, 31 Oct 2019 Senate: Placed on Today's Calendar
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Thu, 31 Oct 2019 Senate: Amend Adopted A1
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Thu, 31 Oct 2019 Senate: Passed 2nd Reading
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Thu, 31 Oct 2019 Senate: Passed 3rd Reading
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Thu, 31 Oct 2019 Senate: Special Message Sent To House
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Thu, 31 Oct 2019 House: Cal Pursuant 36(b)
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Thu, 31 Oct 2019 House: Added to Calendar
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Thu, 31 Oct 2019 House: Failed Concur In S Com Sub and S Amend
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Thu, 31 Oct 2019 House: Conf Com Appointed
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Thu, 31 Oct 2019 Senate: Conf Com Appointed
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Thu, 31 Oct 2019 Senate: Reptd Fav Com Substitute
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Thu, 31 Oct 2019 Senate: Com Substitute Adopted
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Thu, 31 Oct 2019 Senate: Placed on Today's Calendar
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Thu, 31 Oct 2019 Senate: Amend Adopted A1
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Thu, 31 Oct 2019 Senate: Passed 2nd Reading
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Thu, 31 Oct 2019 Senate: Passed 3rd Reading
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Thu, 31 Oct 2019 Senate: Special Message Sent To House
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Thu, 31 Oct 2019 House: Cal Pursuant 36(b)
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Thu, 31 Oct 2019 House: Added to Calendar
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Thu, 31 Oct 2019 House: Failed Concur In S Com Sub and S Amend
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Thu, 31 Oct 2019 House: Conf Com Appointed
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Thu, 31 Oct 2019 Senate: Conf Com Appointed
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Wed, 13 Nov 2019 House: Conferees Changed
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Wed, 13 Nov 2019 House: Conf Com Reported
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Wed, 13 Nov 2019 House: Cal Pursuant Rule 44(d)
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Wed, 13 Nov 2019 House: Placed On Cal For 11/14/2019
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Wed, 13 Nov 2019 House: Conferees Changed
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Wed, 13 Nov 2019 House: Conf Com Reported
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Wed, 13 Nov 2019 House: Cal Pursuant Rule 44(d)
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Wed, 13 Nov 2019 House: Placed On Cal For 11/14/2019
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Thu, 14 Nov 2019 Senate: Conf Com Reported
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Thu, 14 Nov 2019 House: Conf Report Adopted
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Thu, 14 Nov 2019 Senate: Conf Report Adopted
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Thu, 14 Nov 2019 House: Ordered Enrolled
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Thu, 14 Nov 2019 House: Ordered Enrolled
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Thu, 14 Nov 2019 Senate: Conf Com Reported
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Thu, 14 Nov 2019 Senate: Placed on Today's Calendar
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Thu, 14 Nov 2019 House: Conf Report Adopted
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Thu, 14 Nov 2019 Senate: Conf Report Adopted
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Thu, 14 Nov 2019 House: Ordered Enrolled
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Thu, 14 Nov 2019 House: Ratified
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Thu, 14 Nov 2019 House: Pres. To Gov. 11/14/2019
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Mon, 18 Nov 2019 House: Signed by Gov. 11/18/2019
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Mon, 18 Nov 2019 House: Ch. SL 2019-250
Bill Summaries:
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Bill H 200 (2019-2020)Summary date: Nov 18 2019 - View SummaryBusiness and Commerce, Development, Land Use and Housing, Community and Economic Development, Property and Housing, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, Department of Agriculture and Consumer Services, Department of Environmental Quality (formerly DENR), Department of Public Instruction, Department of Public Safety, Department of Revenue, Department of Transportation, Office of State Budget and Management, Office of State Controller, State Board of Elections, State Government, Executive, State Personnel, Local Government, Health and Human Services, Health
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Bill H 200 (2019-2020)Summary date: Nov 14 2019 - View Summary
Conference report rescinds Senate amendment #1 to the 3rd edition. Additionally makes the following changes to the 3rd edition.
Part I.
Eliminates all appropriations set forth in previous Part I and replaces them with the following.
Section 1.1
Directs the State Controller to transfer $121,585,594 from the Savings Reserve Account to the General Fund. Appropriates those funds in specified amounts to the Hurricane Florence Disaster Recovery Fund, the State Emergency Response and Disaster Relief Fund, and the Department of Environmental Quality (DEQ) for specified purposes, including the provision of a State match for Hurricane Florence federal disaster assistance programs, State match for federal disaster assistance programs related to Hurricanes Matthew and Michael, State match for federal disaster assistance programs and funding for equivalent State assistance programs related to Hurricane Dorian, and matching additional federal funds for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund.
Section 1.2
Appropriates from the unappropriated balance in the General Fund $59,050,000 in nonrecurring funds for the 2019-20 fiscal year to be allocated in specified amounts for specified purposes to the following entities: the Office of State Budget and Management; the Department of Public Safety (DPS), Division of Emergency Management; the Department of Public Safety, Office of Recovery and Resiliency; the Office of State Budget and Management; the Department of Agriculture and Consumer Services, Division of Soil and Water Conservation; Elizabeth City State University; the Department of Public Instruction; the Department of Environmental Quality; and the Wildlife Resources Commission.
Section 1.3
Appropriates from the General Fund to DPS $1,857,813 in recurring funds for the 2019-20 fiscal year and $2,253,125 in recurring funds for the 2020-21 fiscal year. Allocates the funds in specified amounts for the provision of a grant to the United Way of North Carolina to support operations of the NC 2-1-1 program; to fund new positions to manage federal grants and Division of Emergency management operations, effective January 1, 2020; and to fund the long-term service contract for software and services upgrades to the VIPER system. Excludes these provisions from the scope of the act defined in Section 2.1. Repeals these provisions if HB 966 (the Appropriations Act of 2019) becomes law.
Section 1.4
Appropriates from the General Fund to the Office of State Budget and Management $13,397,000 in nonrecurring funds for the 2019-20 fiscal year and $6,603,000 in nonrecurring funds for the 2020-21 fiscal year to be used for the Rural Health Care Stabilization Fund. Excludes these provisions from the scope of the act defined in Section 2.1, as well as the miscellaneous provisions prescribed in Sections 4.1 through 4.8. Repeals these provisions if HB 966 becomes law.
Part II.
Specifies that Section 1.1 and 1.2 apply to the following counties: (1) for disaster relief and recovery related to Hurricane Matthew, counties identified in Part II of SL 2016-124; (2) for disaster relief and recovery related to Hurricane Florence or Michael, those counties identified in SL 2018-136 or SL 2019-3; (3) those declared a major disaster by the President under the Stafford act as a result of Hurricane Dorian.
Part III.
Allows a State agency that received funding under this act or any of the following to reallocate unexpended and unobligated program funds to the same program or purposes for damage caused by Hurricanes Matthew, Florence, Michael, Dorian or future storms: SL 2016-124 (An Act to Enact the Disaster Recovery Act of 2016), SL 2017-119 (An Act to Enact the Disaster Recovery Act of 2017), Section 5.6 of SL 2018-5 (Disaster Recovery – 2018), SL 2018-134 (The Hurricane Florence Emergency Response Act), SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act), SL 2018-138 (An Act to Provide Additional Disaster Relief in Response to Hurricane Florence), SL 2019-3 (An Act to Extend the Deadline to Apply for the Hurricane Florence Agricultural Disaster Program of 2018 for Certain Counties that Received a Presidential or Secretarial Disaster Declaration as a Result of Hurricane Michael After the Original Deadline), and SL 2019-224 (An Act to Enact the 2019 Disaster Recovery Act Consistent with the Provisions of House Bill 966 of the 2019 Regular Session and to Appropriate Funds). Defines State agency to include the Golden L.E.A.F., Inc.
Requires any State agency, excluding the Golden L.E.A.F., Inc., that reallocates funds to report, at least 30 days before the reallocation, to the chairs of the specified NCGA committees and division. Requires the report to identify six specified items, including the original funding authorization, the original program or purpose for the use of the funds, and the amount of funds to be reallocated.
Amends GS 166A-19.15 to authorize political subdivisions to award contracts for the repair, rehabilitation, or construction of private residential structures funded by State or federal funds provided to the political subdivision because of a disaster declaration by the Governor covering the political subdivision. Allows a political subdivision, for purposes of contracts awarded under this provision, to contract with contractors prequalified by the Division of Emergency Management for that disaster. Exempts the political subdivision from the procedures for prequalifying contractors under GS 143-135.8.
Amends Section 5.11(a) of SL 2016-124 to now require that all Community Development Block Grant Disaster Recovery awards received by the State in response to the declarations and executive orders described in the act as well as subsequent federally declared disasters, to be administered by the North Carolina Office of Recovery and Resiliency (was, all Community Development Block Grant Disaster Recovery Program funds received by the Department of Commerce in response to the declaration and executive orders described in the act were to be transferred to the Emergency Management Division).
Allows funds allocated to the Community Colleges System Office in Section 4.12 of SL 2018-136 to be used to offset a receipt shortfall due to enrollment declines caused by Hurricane Florence.
Amends GS 166A-19.11 by giving the Secretary of Public Safety the following additional duties: (1) notifying the Director of the Budget, the Office of the Governor, the chairs of the specified NCGA committees, the Fiscal Research Division, and any other State entities deemed necessary of the potential for using Community Development Block Grant-Disaster Recovery funds to cover the nonfederal share of matching requirements for eligible programs on June 1 of each year and within five days of a presidential disaster declaration for the State and (2) reporting annually by December 1 to the chairs of the specified NCGA committees on the amount of State funds used to pay contractors for performing CDBG-DR activities that could have been paid for using federal CDBG-DR funds during the calendar year.
Enacts new GS 166A-19.13 requiring the Department of Public Safety (DPS) to establish mechanisms to regularly solicit input from entities receiving federal or State disaster recovery funds on how to improve the administration of the funds and associated programs. Requires DPS, by December 1, 2020, to modify its policies and procedures for disaster recovery to: (1) where permitted by State law and administrative rule, require the Office of Recovery and Resiliency (Office) to use cost as a factor when awarding contracts for professional services that may be eligible for reimbursement from federal funds (exempts contracts subject to Article 3D of Chapter 143); (2) establish minimum competencies for staff who administer the Community Development Block Grant-Disaster Recovery (CDBG-DR) program; and (3) describe how the input obtained from the mechanisms will be incorporated into revisions of its policies and procedures. Requires the Office, by January 1, 2020, to develop performance metrics for all entities receiving federal or State disaster recovery funds, including total number of projects managed overall, outreach and intake metrics, amount of disaster recovery funds spent on administrative activities, and amount of disaster recovery funds disbursed on behalf of recipients.
Amends Section 5.8 of SL 2018-136, as amended, to require the Office of Recovery and Resiliency (Office) to also provide separate quarterly reports on the use of disaster recovery and assistance funds expended from funds appropriated for disaster relief for Hurricane Dorian, with specified content, in addition to the separate quarterly reports the Office must provide for funds expended from the Hurricane Florence Recovery Fund and the State Emergency Response and Disaster Relief Fund, beginning January 1, 2019. Further amends Section 5.8 to require the Office to provide separate quarterly reports beginning January 1, 2020, to the Director of the Budget and specified NCGA committees and division on the use of CDBG-DR funds expended starting December 1, 2019, and thereafter. Details required content of the reports, including average time-cycle by process step and average cost per project. Additionally, requires the Office to provide separate quarterly reports beginning January 1, 2020, to the Director of the Budget, and the specified NCGA committees and division, on the use of disaster recovery and assistance funds, other than CDBG-DR funds, expended starting December 1, 2019, and thereafter from the Hurricane Florence Recovery Fund and from the State Emergency Response and Disaster Relief Fund for Hurricane Matthew. Details required content of the reports, including average number of days from application to fund distribution and average cost per project. Makes conforming changes.
Directs the Office to make recommendations regarding the staffing levels necessary to (1) administer the CDBG-DR program when the Office is administering CDBG-DR funds; (2) administer the CDBG-DR program when the Office is not administering CDBG-DR funds; (3) maintain a base-level staff to provide resiliency planning and coordination, continuous disaster recovery functions, and adequate preparedness for future disasters; and (4) expand from a base-level staff to provide necessary functions immediately following a natural disaster. Details required content of each recommendation, including funding source of the recommended positions. Requires the Office to report to the specified NCGA committee and division by March 1, 2020.
Directs the Joint Legislative Program Evaluation Oversight Committee to include in the biennial work plan of the Program Evaluation Division (PED) an evaluation of DPS coordination with non-profit organizations for disaster recovery planning. Directs PED to submit is evaluation to specified NCGA committees.
Amends Section 1.1 of SL 2019-224 to decrease the transfer required from the Hurricane Florence Disaster Recovery Reserve to the Hurricane Florence Disaster Recovery Fund for the 2019-20 fiscal year from $94,103,000 to $89,103,000. Effective July 1, 2019.
Amends Section 2.1(7)d. of SL 2019-224, which allocated $2 million to develop a pilot program to help pay for the cost of up to two years' flood insurance for eligible applicants and eligible properties. Modifies who is an eligible applicant under the pilot program to no longer require that the applicant has not received flood insurance for the subject property from any federal program. Modifies eligible properties under the program to no longer require that the property has experienced a repetitive loss as defined by FEMA. Effective July 1, 2019.
Effective May 16, 2019, amends Section 3 of SL 2019-15 (Highway Storm Recovery Act) to specify that the reporting requirements contained in SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act) and SL 2018-138 (Hurricane Florence/Supplemental Act) apply to the funds allocated to the Department of Transportation in Section 4.1 of SL 2018-136 and any other funds, whether state or federal, DOT receives or expends for the purposes of disaster recovery, relief, or resiliency.
Part IV.
Moves the provisions of previous Part II to new Part IV.
Additionally, details parameters for nonrecurring funds appropriated as directed grants, including that directed grants of more than $100,000 must be made in quarterly or monthly payments at the discretion of the Director of the Budget; directed grants do not revert until June 30, 2021; and directed grants are limited to nonsectarian, nonreligious purposes only. Sunsets these provisions on June 30, 2021.
Part V.
Repeals Section 2.1 of SL 2019-242 (2019-21 Base Budgets/Certain Agencies), which sets forth the General Fund availability used in developing the base budget for the 2019-21 fiscal biennium with unappropriated remaining balances totaling $2,484,667,747 and $4,023,530,251 for the 2019-20 and 2020-21 fiscal years. Replaces the section with a new Section 2.1A setting forth the General Fund availability for the 2019-21 fiscal biennium, with unappropriated remaining balances totaling $2,356,664,283 and $3,694,004,541 for the 2019-20 and 2020-21 fiscal years.
Amends Section 3.6 of SL 2019-242, adding to the limitations and directions concerning the base budget provisions, to require the Director of the Budget to ensure the prompt payment of the principal and interest on bonds and notes of the State according to their terms.
Amends Section 5.1 of SL 2019-239 (Combat Absentee Ballot Fraud) to specify that the appropriations for the State Board of Elections (SBE) in SL 2019-242 and any other legislation enacted during the 2019-21 fiscal biennium expressly making appropriations to the SBE are for maximum amounts necessary to support the services and purposes described in the SBE's budget. Modifies the appropriations for the SBE's budget for the fiscal biennium set out in Section 5.2 of SL 2019-239 to specify that the appropriations provided are in addition to the appropriations set forth in SL 2019-209 (Pay Increases/State Employees), SL 2019-242, and any other legislation enacted during the 2019-21 fiscal biennium expressly appropriating funds to the SBE. Modifies Section 5.7 of SL 2019-239, which requires funds appropriated to SBE's Special Fund to be adjusted $3 million in each fiscal year of the biennium to modernize the Statewide Elections Information Management System (System). Instead, phrases the adjustment as a nonrecurring appropriation to the SBE Special Fund for each year of the fiscal biennium to modernize the System.
Amends Section 1.1 of SL 2019-235 (Community Colleges Budget/2019-21 Biennium) to specify that the appropriations for the Community College System (CCS) in SL 2019-235 and any other legislation enacted during the 2019-21 fiscal biennium expressly making appropriations to the CCS are for maximum amounts necessary to support the services and purposes described in the CCS's budget. Modifies the appropriations for the CCS's budget for the fiscal biennium set out in Section 1.2 of SL 2019-235 to specify that the appropriations provided are in addition to the appropriations set forth in any other legislation enacted during the 2019-21 fiscal biennium expressly appropriating funds to the CCS. Further amends SL 2019-235, decreasing the allocation set forth for the Workforce-Focused Multicampus Centers from $2,266,448 to $2,226,348 in recurring funds for each fiscal year of the biennium to support the multicampus sites previously identified.
Adds the following provisions to SL 2019-231 (DOT Budget for 2019-20 Biennium). Requires the additional $7,375,000 in recurring funds appropriated by the act for the 2020-21 fiscal year to the Department of Transportation (DOT) for the Powell Bill Program to be allocated in compliance with specified state law requirements, only to municipalities with a population of 200,000 or less. Clarifies that the provisions do not prohibit municipalities eligible for funds under the provisions from being eligible for recurring funds appropriated to DOT for the State Aid-Powell Bill Fund or otherwise modifying the allocation of recurring funds appropriation in that act to DOT for the State Aid-Powell Bill Fund. Repeals Section 40.4 of HB 966 if HB 966 becomes law.
Repeals Section 8 of SL 2019-237 (Extend Tax Credits/Other Franchise Changes; concerning Department of Revenue Appropriations) if HB 966 becomes law.
Repeals Section 41.4, 41.5, and 41.10 (concerning market-based sourcing and market-based facilitators, and critical disaster infrastructure relief) of HB 966 if HB 966 becomes law.
Enacts GS 147-76.1 to require all funds received by the State to be deposited into the State treasury, including cash gifts and donations, as defined, unless otherwise provided by law. Clarifies that the statute does not exempt funds received by a State officer or employee acting on behalf of the State from the requirement. Adds that the terms of an instrument evidencing a cash gift or donation are a binding obligation of the State except as provided. Clarifies that this provision does not supersede or authorize a deviation from the terms of these instruments that set forth the purposes for which the funds may be used. Makes conforming changes to GS 147-83. Applies to funds received on or after July 1, 2019.
Amends GS 143B-10(c) to provide that the ability of the head of each principal State department to establish necessary subordinate positions within the department, make appointments to those positions, and remove persons appointed to those positions is subject to the limitations of appropriations and the State Budget Act and the North Carolina Human Resources Act (was, subject to the North Carolina Human Resources Act only). Makes conforming changes to the power to establish or abolish positions; transfer officers and employees between positions; and change duties, titles and compensation of existing offices and positions. Adds that nothing in (c) authorizes the transfer of officers or employees between departments without express authorization of the NCGA. Makes statute language gender-neutral.
Amends GS 143C-1-3(a), which requires the Controller to account for State resources through the use of 11 listed fund types by making changes to those fund types as follows. Defines Capital Projects Funds as accounts for financial resources to be used for the acquisition or construction of major capital facilities other than those financed by proprietary funds or fiduciary funds (was, or in trust funds for individuals, private organizations, or other governments). Defines Special Revenue Funds as accounts for the proceeds of special revenue sources, other than debt service (was, other than trusts for individuals, private, organizations or other governments) or for major capital projects, that are legally restricted to expenditures for specified purposes. Changes Agency Funds to Custodial Funds, to be defined as accounts for resources held by the reporting government in a purely custodial capacity. Adds that custodial funds are fiduciary activities that are not required to be reported in investment trust funds, pensions and other employee benefit trust funds, and private-purpose trust funds. Defines Pension and Other Employee Benefit Trust Funds as accounts for resources required to be held in trust for pension plans, other postemployment benefit plans, and other employee benefit plans that meet certain Governmental Accounting Standards Board criteria (was, to be held in trust for the members and beneficiaries of defined benefit pension plans, defined contribution plans, other postemployment benefit plans, or other employee benefit plans). Defines Private-Purpose Trust Funds as accounts for all other trust arrangements not required to be reported in investment trust funds and pension and other employee benefit trust funds (was, all other trust arrangements under which principal and income benefit individuals, private organizations, or other governments). Makes conforming changes.
Amends GS 143C-3-5 by making the following changes to items the Governor must include in budget recommendations to the General Assembly in odd-numbered years. Amends the components of the budget recommendation to refer to requiring a recommended base budget instead of the budget support document. Refers to a recommended Current Operations Appropriation Act instead of a Current Operations Appropriations Act. Adds that the required list of budget adjustments made during the prior fiscal year that are included in the proposed base budget for the upcoming fiscal year also identify the revision number, revision type, revision title, purpose or programs affected, and the amount of funds moving between the purpose or programs. Requires that the Governor’s Recommended State Budget, together with the Recommended Base Budget and Recommended Capital Improvements Budget Support Document (was, together with the Budget Support Document ) include recommended expenditures of State funds from all Governmental and Proprietary Funds and all funds established for UNC and its constituent institutions.
Amends GS 143C-8-6 to specify that the Recommend Capital Improvements Budget Support Document (was, the Budget Support Document) must include the specified information for each repair and renovation project recommended in the Recommend State Budget. Specifies that the Capital Improvement Budget Support Document (was, the Budget Support Document) must contain specified information for each capital project recommendation.
Amends GS 120-29.5 by adding the requirement that State agencies submitting a report to the NCGA, or a report directed to be made to a NCGA committee or subcommittee, also publish the report on a public website maintained by the agency. Applies to reports submitted on or after January 1, 2020.
Part VI.
Except as otherwise indicated, effective when the act becomes law.
Changes the act's titles.
Business and Commerce, Development, Land Use and Housing, Community and Economic Development, Property and Housing, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, Department of Agriculture and Consumer Services, Department of Environmental Quality (formerly DENR), Department of Public Instruction, Department of Public Safety, Department of Revenue, Department of Transportation, Office of State Budget and Management, Office of State Controller, State Board of Elections, State Government, Executive, State Personnel, Local Government, Health and Human Services, Health
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Bill H 200 (2019-2020)Summary date: Nov 13 2019 - View Summary
Conference report is to be summarized.
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Bill H 200 (2019-2020)Summary date: Oct 31 2019 - View Summary
Senate amendment #1 to the 3rd edition make the following changes.
Part I.
Appropriates $17.6 million for 2019-20 from the General Fund to the Department of Environmental Quality (DEQ) to match additional federal funds recently made available for the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund.
Part III.
Amends Section 5.8 of SL 2018-136, as amended, to require the Office of Recovery and Resiliency (Office) to also provide separate quarterly reports on the use of disaster recovery and assistance funds expended from funds appropriated for disaster relief for Hurricanes Michael and Dorian, with specified content, in addition to the separate quarterly reports the Office must provide for funds expended from the Hurricane Florence Recovery Fund and the State Emergency Response and Disaster Relief Fund, beginning January 1, 2019. Makes conforming changes.
Effective May 16, 2019, amends Section 3 of SL 2019-15 (Highway Storm Recovery Act) to specify that the reporting requirements contained in SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act) and 2018-138 (Hurricane Florence/Supplemental Act) apply to the funds allocated to the Department of Transportation in Section 4.1 of SL 2018-136 and any other funds, whether state or federal, DOT receives or expends for the purposes of disaster recovery, relief, or resiliency.
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Bill H 200 (2019-2020)Summary date: Oct 31 2019 - View Summary
Senate committee substitute deletes the provisions of the 2nd edition and now provides the following.
Part I.
Appropriates from the General Fund $70,812,336 in nonrecurring funds for the 2019-20 fiscal year to the Hurricane Florence Disaster Recovery Fund to be allocated to the Department of Public Safety (DPS) to provide State match for Florence federal disaster assistance programs.
Appropriates from the General Fund $31,673,258 in nonrecurring funds for the 2019-20 fiscal year to the State Emergency and Disaster Relief Fund to be allocated to DPS and used as follows: (1) $11,197,013 to provide State match for federal disaster assistance programs related to Hurricane Matthew; (2) $4,176,245 to provide State match for federal disaster assistance programs related to Hurricane Michael; and (3) $16.3 million to provide State match for federal disaster assistance programs related to Hurricane Dorian.
Appropriates from the General Fund $30 million in nonrecurring funds for the 2019-20 fiscal year to the Department of Transportation (DOT) to be used for current and future activities related to recovery from Hurricane Dorian.
Subject to SB 537 (ACH Pmt/Counselor-SA-SW Act Amend/ DHHS Rev.) or substantially similar legislation of the 2019 Regular Session establishing a Rural Health Care Stabilization Fund becoming law, appropriates from the General Fund to the Office of State Budget and Management (OSBM) $13,397,000 and $6,603,000 in nonrecurring funds for the 2019-20 and 2020-21 fiscal years to be used for the Rural Health Care Stabilization Fund. Provides that the limitations set forth in Sections 2.1 through 2.7 of the act do not apply to these funds. Repeals these provisions if HB 966 becomes law.
Requires recipients of State funds to use best efforts to obtain alternative funds to cover losses and needs. Declares State funds paid to be in excess over funds received by a recipient from an insurance claim settlement. Requires higher education institutions and non-State entities that receive State funds to seek private donations to help cover the losses or needs for which the funds are provided.
Sets forth limitations on expenditures relating to federal fund eligibility. Prohibits the Governor from using the described funds of the act to make reallocations under GS 166A-19.40(c) (authority of the Governor to reallocate department appropriations when certain conditions are met).
Encourages agencies to acquire goods and services from historically underutilized business vendors, whether directly or indirectly.
States the legislative intent to review funds federally appropriated for disaster relief and to consider necessary actions to meet remaining unmet needs, as well as review the adequacy of the measures funded by the act.
Prohibits State funds appropriated in the act from being used for the construction of any new residence within the 100-year flood plain, as defined, unless the construction is in an area regulated by a unit of local government pursuant to a floodplain management ordinance and the construction complies with the ordinance.
Requires homeowners in the 100-year floodplain who receive homeowner's housing assistance pursuant to the act to have in effect federal flood insurance, if available, as a precondition to receipt of State homeowner's housing assistance for losses resulting from future flooding.
Limits the use of funds loaned to small and mid-sized businesses to eligible purposes under the Small Business Administration disaster loan assistance program, designated as described. Limits payments for economic losses to documented business expenses necessary for the continued operation of the business.
States that appropriations and allocations made are for maximum amounts necessary and requires savings to be effected where total amounts appropriated or allocated are not required for implementation.
Deems funds received on or after September 1, 2019, for federal disaster assistance programs for State disasters as a result of Hurricane Dorian appropriated in the amounts provided in the award notifications. Requires OSBM and affected State agencies to report all award notifications to the specified NCGA committees and division.
Changes the act's titles.
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Bill H 200 (2019-2020)Summary date: Mar 19 2019 - View Summary
House committee substitute makes the following changes to the 1st edition.
Deletes all provisions of the previous edition, except Section 4 (amending GS 115C-156.2, Section 1 of SL 2013-1, and GS 115C-12) and Section 7 (amending GS 115C-238.55 and GS 115D-5).
Changes the act's short title, makes organizational changes, and adds the following new provisions.
Amends GS 115C-64.15, allowing the Secretary of Commerce, the State Superintendent of Public Instruction, the Chair of the State Board of Education, the UNC System President, and the NC Community College System President to have a designee on the North Carolina Education and Workforce Innovation Commission in their place.
Amends GS 115C-268.1 to provide for staggered terms for initial appointees (whose terms began September 1, 2017) of the Professional Educator Preparation and Standards Commission (Commission), with initial terms expiring August 31, 2019, or August 31, 2020, as specified. Provides that as the initial terms expire, members are appointed to serve two-year terms. Applies to members currently serving their terms on the Commission.
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Bill H 200 (2019-2020)Summary date: Feb 26 2019 - View Summary
Amends GS 115C-47 to no longer require local boards of education to report to the Superintendent of Public Instruction (Superintendent) on their approved schedules of fees, charges, and solicitations.
Amends GS 115C-83.4 to require the State Board of Education's (Board) report on comprehensive plan for reading achievement to be submitted annually by December 15 instead of October 15.
Amends GS 115C-105.25 by amending the information that must be included in the report on allotment transfers that have increased or decreased the initial allotment amount by more than 5%. Requires the Department of Public Instruction (DPI) to report annually by December 1 the information required to be submitted under the statute on specified budget issues on DPI's financial transparency dashboard. Applies beginning with information for the 2018-19 fiscal year.
Amends GS 115C-156.2 to require that beginning in 2019 the Board report annually by November 15 on the number of students in career and technical education courses who earned community college credit and related industry certification and credential, as well as on the implementation of high school diploma endorsements through evaluation of the specified data. Makes a conforming deletion in SL 2013-1, Section 1(b), as amended, by removing reference to the report on awarding high school endorsement on high school graduation, college acceptance, and remediation and post-high school employment rates. Also makes conforming deletions to reporting requirements in GS 115C-12.
Amends GS 115C-174.12 by making the report on the statewide administration of the testing program due annually by December 15 instead of November 1.
Amends GS 115C-218.110 by changing the due date of the annual report on the education effectiveness of charter schools from January 15 to February 15.
Amends GS 115C-238.55 and GS 115D-5 by allowing the report on the evaluation of cooperative innovative high schools and the evaluation of the Career and College Promise Program to be submitted jointly.
Amends GS 115C-269.50 by extending the deadline by which the Board must make the educator preparation program report cards available on the Board's website to April 15, 2020 (was, December 15, 2019).
Amends GS 115C-299.5 by making the report on the state of the teaching profession due annually by February 15 instead of December 15.
Amends GS 115C-301 to require the Board to report on all waivers to the specified commission and committee by October 15 of each year (was, report on all waivers to the specified commission within 30 days of the grant of the waiver). Amends GS 115C-105.26 to require that the State Board report annually to the Joint Legislative Commission on Governmental Operations in addition to the Joint Legislative Education Oversight Committee with a list of the waivers granted in the prior school year; requires that if applicable, the report include the information on class size waivers.
Amends SL 2017-57, Section 7.24, to extend the due date of the final report from DPI on the Learning and Integrated Student Support Competitive Grant Program from September 15, 2019, to November 15, 2019.
Amends SL 2016-94, Section 8.8, as amended, and 8.9, as amended; SL 2017-57, Section 8.8C, as amended; SL 2017-57, Section 8.8D as amended; and SL 2071-57 Section 8.8E, as amended, to change the date of the annual report on teacher bonuses from March 15 to April 15.
Senate committee substitute to the 2nd edition changed the long title. Original long title was AN ACT TO MODIFY VARIOUS EDUCATION REPORT DATES AND TO COMBINE OTHER EDUCATION REPORTS, AS RECOMMENDED BY THE STATE BOARD OF EDUCATION, THE DEPARTMENT OF PUBLIC INSTRUCTION, AND THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.