The Daily Bulletin: 2018-10-02

The Daily Bulletin: 2018-10-02

PUBLIC/HOUSE BILLS
H 1 (2018 Extra 3) HOUSE RULES - 2018 THIRD EXTRA SESSION. Filed Oct 2 2018, A HOUSE RESOLUTION ADOPTING THE PERMANENT RULES OF THE 2018 THIRD EXTRA SESSION OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES.

Adopts the permanent rules of the 2017 Regular Session of the House of Representatives as the permanent rules of the 2018 Third Extra Session with the following changes.

Amends Rule 1 to set the House to convene at 10:00 a.m. on the next legislative day when the House adjourns without having fixed an hour for reconvening. 

Provides that the membership of the Committee on Rules, Calendar, and Operations of the House; the Ethics Committee; the Finance Committee; and the Appropriations Committee consists of those who were appointed during the Regular Session and other members as the Speaker may appoint at the beginning of the Third Extra Session and that the committee chairs are those appointed by the Speaker during the Regular Session.

Establishes the standing committees of the House as: Rules, Calendar, and Operations of the House; Ethics; Finance; and Appropriations.

Requires that bills and resolutions be introduced by submitting the bill or resolution to the Principal Clerk's Office.

Limits resolutions that may be introduced or considered to a resolution adjourning the session. 

Limits bills that may be introduced or considered to those addressing emergency management and disaster recovery related to Hurricane Florence and resiliency planning for future natural disasters.

Exempts adjournment resolutions and bills addressing emergency management and disaster recovery related to Hurricane Florence and resiliency planning for future natural disasters from Rule 31.1 (concerning deadlines on introduction and receipt of bills, prohibiting blank bills, and imposing the 15-bill limit).

Allows a resolution or bill to be placed on the calendar without being referred to a committee and on the same legislative day of its introduction or receipt from the Senate. 

Allows a bill reported favorably by a committee or received for concurrence to be placed on the favorable calendar on the same day it is reported and does not require a proposed committee substitute to be distributed electronically to committee members before it is considered by the committee.

Allows a bill reducing revenue or waiving a fee to be reported to the Standing Committee on Appropriations instead of the Committee on Finance, and it does not need to be reported to the Committee on Finance.

Provides that the first reading and reference to a standing committee of a House bill occurs on the legislative day of its introduction and that the first reading and reference to a committee of a Senate bill occurs on the legislative day of its receipt on messages from the Senate. Requires the Speaker to give notice at each subsequent reading whether it is the second or third reading. Allows a bill to be read more than once on the same day, unless it is governed by Section 23 of Article II of the NC Constitution.

Allows a conference report to be placed on the calendar for the legislative day on which the report is received.

Places no limit on the number of members who can be listed as primary sponsors of a bill. Allows any member who wants to cosponsor an introduced bill or resolution to do so on the day during which the bill or resolution was first read and referred, but only while the House has possession of the bill or resolution.

Intro. by Lewis.HOUSE RES
H 2 (2018 Extra 3) ADJOURN 2018 3RD EXTRA SESSION TO OCTOBER 9. Filed Oct 2 2018, A HOUSE RESOLUTION ADJOURNING THE 2018 THIRD EXTRA SESSION TO A DATE CERTAIN.

Provides that when the House and Senate jointly adjourn on October 2, they stand adjourned to reconvene the 2018 Third Extra Session on Monday, October 15, at 10:00 am.

Intro. by Lewis.HOUSE RES
H 3 (2018 Extra 3) 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT (NEW). Filed Oct 2 2018, AN ACT TO ENACT THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT.

Establishes the following calendar flexibility for time missed during September and October 2018 in schools closed by the governing body of a public school unit (local school administrative unit, regional school, innovative school, laboratory school, charter school, or residential school for the deaf or the blind) due to weather conditions related to Hurricane Florence: (1) if the school is in a public school unit located in a county designated before, on, or after the effective date of this act under a major disaster declaration by the President under the Stafford Act (PL 93-288) as a result of Hurricane Florence, at the governing body's discretion, the public school unit may (a) make up any number of the instructional days or equivalent hours missed, (b) deem as completed any number of the instructional days or equivalent hours missed up to a total of 20 days, or (c) any combination of the above; (2) if the school is in a public school unit that is not located in a county designated under a major disaster declaration by the President under the Stafford Act as a result of Hurricane Florence, then, (a) if the public school unit's scheduled calendar will already meet 185 instructional days or 1,025 instructional hours, no additional days or hours are required; (b) for all other schools, for days missed in excess of two days, in the discretion of its governing body, the public school unit may do either or a combination of the following: 1. make up any number of the instructional days or equivalent hours missed or 2. deem as completed any number of the instructional days or equivalent hours missed.

Deems public school unit employees (except for in the case of a charter school) to have been employed for any scheduled instructional days that were missed due to Hurricane Florence during September and October 2018 that a public school unit has deemed completed and is not required to make up. Requires that employees be compensated as they would have had they worked missed days. Allows, but does not require, the board of directors of a charter school to provide such compensation. Requires that up to $6.5 million in nonrecurring funds of the funds allocated to the Department of Public Instruction (DPI) from the Hurricane Florence Disaster Recovery Fund in 2018-19 be used for the authorized compensation to public school unit employees of schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds. Requires these employees to be compensated in the same manner they would have had they worked on the days missed. Requires DPI to develop criteria to be used to allocate funds in the event that the funds are insufficient to provide compensation to public school unit employees in schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds, with priority given to public school units with greatest economic need.

Requires the Superintendent of Public Instruction to report to the chairs of the House of Representatives Committee on Appropriations and the Senate Appropriations/Base Budget Committee, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division on the implementation of this act by March 15, 2019, and to provide any additional reports requested by the Fiscal Research Division. Specifies information that is to be included in the report. Requires public school units to provide implementation information to the Superintendent by February 15, 2019.

Allows a student enrolled in an educator preparation program (EPP) that is assigned the status of initially authorized or authorized by the State Board of Education to have the clinical internship requirements deemed completed if the student (1) is enrolled in an EPP located in a county declared a major disaster by the President under the Stafford Act as a result of Hurricane Florence or has been placed with an elementary or secondary partner school located in a county declared a major disaster by the President under the Stafford Act as a result of Hurricane Florence, (2) has completed as much time in a clinical internship as practicable in the 2018 fall semester, and (3) cannot graduate in December 2018 from the EPP without the clinical internship requirement being deemed completed. Requires that any EPP with an enrolled student who has his or her clinical internship requirement deemed completed to report specified information by February 1, 2019, to the State Board of Education. Requires the State Board of Education to report on this information to the Joint Legislative Education Oversight Committee by March 15, 2019.

Intro. by Dollar, McGrady, Horn, Arp, Ball, J. Bell, Blackwell, Boles, Boswell, Bradford, Brisson, Burr, Butler, Clampitt, Cleveland, Conrad, Davis, Dixon, Fisher, Floyd, Ford, Goodman, C. Graham, Grange, Hastings, Howard, Hunter, Hurley, Iler, John, Johnson, Brenden Jones, Jordan, Lambeth, Lewis, McElraft, McNeill, Meyer, Muller, Murphy, Potts, Reives, Ross, Saine, Sauls, Setzer, Shepard, Speciale, Steinburg, Strickland, Szoka, Torbett, White, Wray, Yarborough, Bumgardner, Corbin, Dulin, Faircloth, Gill, Harrison, Henson, Jackson, Lucas, Presnell, B. Richardson, Riddell, Stone, Blust, Malone, Brody.UNCODIFIED
H 4 (2018 Extra 3) HURRICANE FLORENCE EMERGENCY RESPONSE ACT. Filed Oct 2 2018, AN ACT TO ENACT THE HURRICANE FLORENCE EMERGENCY RESPONSE ACT.

Part I names the the act "The Hurricane Florence Emergency Response Act."

Part II states legislative findings on the impacts and damage caused by Hurricane Florence and the need for legislative action to provide relief to and facilitate recovery efforts on behalf of North Carolina citizens and local governments devastated by the Hurricane.

Part III creates the Hurricane Florence Disaster Recovery Fund (Fund) with the purpose of providing necessary and appropriate relief and assistance from the effects of Hurricane Florence consistent with the provisions of the act and subsequent legislation addressing the same. Provides that the Fund is to be administered by the Office of State Budget and Management (OSBM) or another State agency as determined by the Governor. Requires that all State and federal funds appropriated for Hurricane Florence relief and recovery efforts be budgeted and accounted for in the Fund established in this act. Limits withdrawals from the Fund to those justified by a State agency as needed funds related to Hurricane Florence recovery efforts. Provides that funds of the Fund not expended, made subject to an encumbrance, or disbursed are to remain available to implement the act's provisions and subsequent acts necessitated as a result of Hurricane Florence until the General Assembly directs the reversion of the unexpended funds. Requires reversion to the Fund of funds received by a State agency from the Fund that are not expended, made subject to an encumbrance, or disbursed to another entity at the end of each fiscal year. Requires funds received by a non-State entity from the Fund that, after three years, are not expended, made subject to an encumbrance, or disbursed to a subgrantee to be returned to the Fund. 

Part IV provides for funding for disaster relief as follows.

Directs the State Controller to transfer $56,500,000 for the 2018-19 fiscal year from the Savings Reserve in the General Fund to the Hurricane Florence Disaster Recovery Fund (Fund). Of that amount, allocates $6,500,000 to the Department of Public Instruction to supplement or replace lost compensation of school lunch employees due to school closures resulting from Hurricane Florence. Additionally, allocates the remaining $50,000,000 for purposes of (1) providing the State match for federal disaster assistance programs and (2) paying for the costs, relief and assistance authorized by GS 166A-19.42(b) concerning expenditures from the State Emergency Response and Disaster Relief Fund, applicable to those counties that are or become designated under a major disaster declaration by the President under the Stafford Act as a result of Hurricane Florence. 

Provides that the appropriations made in the act are for maximum amounts necessary to implement the act and that savings should be effected where the total amounts appropriated or allocated are not required to implement the act.

Appropriates funds received on or after September 13, 2018, under the federal Stafford Act and other federal disaster assistance programs for State disasters as a result of Hurricane Florence in the amounts provided in the notifications of award. Requires the OSBM and affected State agencies to report all notifications of award to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the General Assembly. 

Part V provides authorization for various measures to implement the act, including:

  • Encouraging state agencies to purchase goods and services from historically underutilized businesses.
  • Stating the General Assembly’s intent to review and address continuing unmet needs during 2018 and 2019.
  • Encouraging the Department of Health and Human Services, Division of Public Health to work with local health departments to expedite mosquito control efforts in counties that are or become part of a disaster declaration by the President under the Stafford Act.

Section 5.3 provides the following election relief measures.

Allows for voter registration applications for the November 2018 election to be submitted until 5:00PM on October 15, 2018, with those submitted by fax or scanning having a permanent copy of the completed and signed form delivered to the county board of elections no later than October 20, 2018.  Permits a county board of election by unanimous vote to provide for a substitute one-stop site for absentee ballots to be applied for and cast during the statutory period for the November 2018 election, if the one-stop site was damaged by Hurricane Florence. Authorizes a county board of election to adopt a resolution altering voting places for the November 2018 election if a voting place was damaged by Hurricane Florence and the county board provides notice of the location change in the most expedient manner possible. Allows for the notice of change in location through public service announcements, print, radio, television, online and social media. Allows for a county to alter a voting place for a precinct damaged by Hurricane Florence as provided in GS 163A-1047 (Satellite voting places), GS 163A-1048 (Out-of-precinct voting), and GS 163A-1049 (Temporary use of two voting places for certain precincts). Applicable to those counties designated under a major disaster declaration by the President under the Stafford Act as a result of Hurricane Florence as of October 2, 2018, and limited to the November 2018 election only. 

Directs county boards of elections to educate the public about voting in the November 2018 election by (1) including information on county board of elections websites, if applicable, about voter registration and voting options and (2) including a brief statement regarding how to obtain information on voting for individuals impacted or displaced by Hurricane Florence when publishing notices of elections for the 2018 general election.

Similarly, directs the Bipartisan State Board of Elections and Ethics Enforcement to educate the public about voting in the November 2018 election by (1) including voter registration and voting options on its website; (2) distributing information about voter registration and voting options to State agencies, shelters, groups, and other organizations serving persons impacted or displaced by Hurricane Florence; (3) coordinating with State and federal agencies to identify and notify persons displaced by Hurricane Florence about voter registration and voting options, including county specific information as to early one-stop voting locations and times when practicable; (4) disseminating information about voter registration and voting options, including same day registration during the early voting period, mail-in absentee voting, and early one-stop voting; and (5) assisting any county board of elections altering one-stop sites and voting places for the November 2018 election authorized by the act.

Appropriates $400,000 from the cash balance in specified Budget Code in the Bipartisan State Board of Elections and Ethics Enforcement to implement Section 5.3.

Section 5.5 allows the waiving of fees assessed by the Division of Motor Vehicles (DMV) against residents of counties impacted by Hurricane Florence for duplicate driver's licenses, duplicate commercial driver's licenses, initial or duplicate special identification cards, duplicate or corrected certificates of title, replacement registration plates, duplicate registration cards, and late payment of motor vehicle registration renewal fees.  These fee waivers are effective September 13, 2018, and expire December 31, 2018. Allows a resident to receive a refund of any fee assessed and collected by the DMV and waived pursuant to Section 5.5. Requires the DMV to post notice of the availability of a refund on its website.

Section 5.6 authorizes the Governor to waive the fee assessed by city and county building inspectors and credited to the Homeowners Recovery Fund for the reimbursement of homeowners suffering reimbursable losses in constructing or altering a single-family residential dwelling unit, applicable to permit applicants who are residents of counties impacted by Hurricane Florence. Allows permit applicants to receive a refund of any fee assessed and collected by city and county building inspectors and waived pursuant to Section 5.6. Requires a city or county subject to Section 5.6 to post notice of the availability of a refund on its website. These fee waivers are effective September 13, 2018, and expire December 31, 2018.

Section 5.7 directs the Governor to ensure that state disaster relief funds are not expended in a manner that adversely impacts federal assistance eligibility for individuals and businesses, and to avoid expending state funds to cover costs that will be covered by federal funds.

Intro. by Dollar, McGrady, Arp, Ball, J. Bell, Blackwell, Boles, Boswell, Bradford, Brisson, Burr, Butler, Clampitt, Cleveland, Conrad, Davis, Dixon, Fisher, Floyd, Ford, Goodman, C. Graham, Grange, Hastings, Howard, Hunter, Hurley, Iler, John, Johnson, Brenden Jones, Jordan, Lambeth, Lewis, McElraft, McNeill, Meyer, Muller, Murphy, Potts, Reives, Ross, Saine, Sauls, Setzer, Shepard, Speciale, Steinburg, Strickland, Szoka, Torbett, White, Wray, Yarborough, Bumgardner, Corbin, Dulin, Faircloth, Gill, Harrison, Henson, Horn, Jackson, Lucas, Presnell, B. Richardson, Riddell, Stone, Blust, Malone.UNCODIFIED
H 4 (2018 Extra 3) HURRICANE FLORENCE EMERGENCY RESPONSE ACT. Filed Oct 2 2018, AN ACT TO ENACT THE HURRICANE FLORENCE EMERGENCY RESPONSE ACT.

House amendments make the following changes to the 1st edition.

Amendment #1 amends Section 5.3, concerning election relief measures, by adding that voter registration applications submitted by mail must be postmarked no later than October 15, 2018. Expands the provisions authorizing the substitution of one-stop sites and voting places damaged by Hurricane Florence to also allow county boards of elections to substitute one-stop sites and voting places otherwise inaccessible or impractical for use as a result of damage from Hurricane Florence.

Amendment #3 exempts expenditures of the $400,000 appropriation set forth in Section 5.3 for the implementation of the election relief measures from the provisions of Articles 3 (Purchases and Contracts) and 8 (Public Contracts) of GS Chapter 143.

Intro. by Dollar, McGrady, Arp, Ball, J. Bell, Blackwell, Boles, Boswell, Bradford, Brisson, Burr, Butler, Clampitt, Cleveland, Conrad, Davis, Dixon, Fisher, Floyd, Ford, Goodman, C. Graham, Grange, Hastings, Howard, Hunter, Hurley, Iler, John, Johnson, Brenden Jones, Jordan, Lambeth, Lewis, McElraft, McNeill, Meyer, Muller, Murphy, Potts, Reives, Ross, Saine, Sauls, Setzer, Shepard, Speciale, Steinburg, Strickland, Szoka, Torbett, White, Wray, Yarborough, Bumgardner, Corbin, Dulin, Faircloth, Gill, Harrison, Henson, Horn, Jackson, Lucas, Presnell, B. Richardson, Riddell, Stone, Blust, Malone.UNCODIFIED

The Daily Bulletin: 2018-10-02

PUBLIC/SENATE BILLS
S 1 (2018 Extra 3) SENATE RULES - 2018 3RD EXTRA SESSION. Filed Oct 2 2018, A SENATE RESOLUTION ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE 2018 THIRD EXTRA SESSION OF THE 2017 GENERAL ASSEMBLY.

Adopts the permanent rules of the 2017 Regular Session as the permanent rules of the 2018 Third Extra Session with the following changes.

Limits the standing committees to the Committee on Appropriations/Base Budget, Committee on Education/Higher Education, Committee on Finance, and the Rules and Operations of the Senate, to be comprised of the members appointed during the 2017 Regular Session.

Requires introduced bills to include on the e-jacket the title of the document and the name of the Senator or Senators sponsoring it. Requires the Senate e-jacket to be delivered to the Office of the Senate Principal Clerk by the primary sponsor, or their legislative assistant with the prescribed authorization form signed by the primary sponsor and the legislative assistant.

Limits resolutions that may be introduced or considered in the Senate to those establishing the rules governing the Third Extra Session and adjourning the Third Extra Session sine die. 

Limits the bills, parts of bills, or amendments to bills that may be introduced or considered in the Senate to those addressing disaster recovery related to Hurricane Florence.

Requires all bills introduced in the Senate providing for appropriations from the State or its subdivision, or waiving fees or other revenues payable to the State or any of its subdivisions, to be referred to the Committee on Appropriations/Base Budget before being considered by the Senate. Requires bills referred to other committees carrying these provisions to be reported to the Senate as being bills to be referred to the Appropriations/Base Budget Committee before the Senate can take action.

Requires all bills introduced and all House bills received upon a message from the House of Representatives, upon presentation to the Senate, to be read in the regular order of business by their number and title, constituting first reading of the bill on the day on which they are received.

Requires all bills reported by committee to be placed before the Senate for second reading and immediate consideration upon passage.

Provides that if any committee recommends adoption of an amendment or committee substitute of a bill or resolution, the amendment or committee substitute is considered adopted upon the reading of the committee report. Allows the bill or resolution, as amended, or its adopted committee substitute to be placed on the calendar for the same legislative day or re-referred if the bill or resolution was serially referred.

Requires that when a bill or resolution has passed its second reading, it be placed on the calendar for immediate consideration on its third reading, unless prohibited by Section 23 of Article II of the North Carolina Constitution.

Provides that when the House has adopted an amendment or a committee substitute for a Senate bill and the bill has been returned for concurrence, the Senate may concur on the same legislative day.

Designates the Principal Clerk or the Clerk's designated employee as the Senate Officer to receive bills vetoed by the Governor. Allows for a veto message received to be read the same day if received on a day the Senate is in session. Requires a veto message to be read on the next legislative day if received on a day the Senate is not in session or if the message was not read on the legislative day it was received. 

Intro. by Rabon.SENATE RES
S 2 (2018 Extra 3) SCHOOL CALENDAR & PAY/HURRICANE FLORENCE. Filed Oct 2 2018, AN ACT TO PROVIDE FLEXIBILITY IN THE SCHOOL CALENDAR, TO FACILITATE COMPENSATION TO SCHOOL EMPLOYEES, AND TO PROVIDE RELIEF TO STUDENTS ENROLLED IN AN EDUCATOR PREPARATION PROGRAM TO ACCOMMODATE EXTRAORDINARY CIRCUMSTANCES DUE TO HURRICANE FLORENCE.

Identical to H 3, filed 10/2/18.

Establishes the following calendar flexibility for time missed during September and October 2018 in schools closed by the governing body of a public school unit (local school administrative unit, regional school, innovative school, laboratory school, charter school, or residential school for the deaf or the blind) due to weather conditions related to Hurricane Florence: (1) if the school is in a public school unit located in a county designated before, on, or after the effective date of this act under a major disaster declaration by the President under the Stafford Act (PL 93-288) as a result of Hurricane Florence, at the governing body's discretion, the public school unit may (a) make up any number of the instructional days or equivalent hours missed, (b) deem as completed any number of the instructional days or equivalent hours missed up to a total of 20 days, or (c) any combination of the above; (2) if the school is in a public school unit that is not located in a county designated under a major disaster declaration by the President under the Stafford Act as a result of Hurricane Florence, then, (a) if the public school unit's scheduled calendar will already meet 185 instructional days or 1,025 instructional hours, no additional days or hours are required; (b) for all other schools, for days missed in excess of two days, in the discretion of its governing body, the public school unit may do either or a combination of the following: 1. make up any number of the instructional days or equivalent hours missed or 2. deem as completed any number of the instructional days or equivalent hours missed.

Deems public school unit employees (except for in the case of a charter school) to have been employed for any scheduled instructional days that were missed due to Hurricane Florence during September and October 2018 that a public school unit has deemed completed and is not required to make up. Requires that employees be compensated as they would have had they worked missed days. Allows, but does not require, the board of directors of a charter school to provide such compensation. Requires that up to $6.5 million in nonrecurring funds of the funds allocated to the Department of Public Instruction (DPI) from the Hurricane Florence Disaster Recovery Fund in 2018-19 be used for the authorized compensation to public school unit employees of schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds. Requires these employees to be compensated in the same manner they would have had they worked on the days missed. Requires DPI to develop criteria to be used to allocate funds in the event that the funds are insufficient to provide compensation to public school unit employees in schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds, with priority given to public school units with greatest economic need.

Requires the Superintendent of Public Instruction to report to the chairs of the House of Representatives Committee on Appropriations and the Senate Appropriations/Base Budget Committee, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division on the implementation of this act by March 15, 2019, and to provide any additional reports requested by the Fiscal Research Division. Specifies information that is to be included in the report. Requires public school units to provide implementation information to the Superintendent by February 15, 2019.

Allows a student enrolled in an educator preparation program (EPP) that is assigned the status of initially authorized or authorized by the State Board of Education to have the clinical internship requirements deemed completed if the student (1) is enrolled in an EPP located in a county declared a major disaster by the President under the Stafford Act as a result of Hurricane Florence or has been placed with an elementary or secondary partner school located in a county declared a major disaster by the President under the Stafford Act as a result of Hurricane Florence, (2) has completed as much time in a clinical internship as practicable in the 2018 fall semester, and (3) cannot graduate in December 2018 from the EPP without the clinical internship requirement being deemed completed. Requires that any EPP with an enrolled student who has his or her clinical internship requirement deemed completed to report specified information by February 1, 2019, to the State Board of Education. Requires the State Board of Education to report on this information to the Joint Legislative Education Oversight Committee by March 15, 2019.

Intro. by Lee, Brown, B. Jackson, Rabon, Britt, Clark, D. Davis, Fitch, McInnis, Meredith, Sanderson, Smith.UNCODIFIED
S 3 (2018 Extra 3) 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT (NEW). Filed Oct 2 2018, AN ACT TO ENACT THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT.

Identical to H 4, filed 10/2/18.

Part I names the the act "The Hurricane Florence Emergency Response Act."

Part II states legislative findings on the impacts and damage caused by Hurricane Florence and the need for legislative action to provide relief to and facilitate recovery efforts on behalf of North Carolina citizens and local governments devastated by the Hurricane.

Part III creates the Hurricane Florence Disaster Recovery Fund (Fund) with the purpose of providing necessary and appropriate relief and assistance from the effects of Hurricane Florence consistent with the provisions of the act and subsequent legislation addressing the same. Provides that the Fund is to be administered by the Office of State Budget and Management (OSBM) or another State agency as determined by the Governor. Requires that all State and federal funds appropriated for Hurricane Florence relief and recovery efforts be budgeted and accounted for in the Fund established in this act. Limits withdrawals from the Fund to those justified by a State agency as needed funds related to Hurricane Florence recovery efforts. Provides that funds of the Fund not expended, made subject to an encumbrance, or disbursed are to remain available to implement the act's provisions and subsequent acts necessitated as a result of Hurricane Florence until the General Assembly directs the reversion of the unexpended funds. Requires reversion to the Fund of funds received by a State agency from the Fund that are not expended, made subject to an encumbrance, or disbursed to another entity at the end of each fiscal year. Requires funds received by a non-State entity from the Fund that, after three years, are not expended, made subject to an encumbrance, or disbursed to a subgrantee to be returned to the Fund. 

Part IV provides for funding for disaster relief as follows.

Directs the State Controller to transfer $56,500,000 for the 2018-19 fiscal year from the Savings Reserve in the General Fund to the Hurricane Florence Disaster Recovery Fund (Fund). Of that amount, allocates $6,500,000 to the Department of Public Instruction to supplement or replace lost compensation of school lunch employees due to school closures resulting from Hurricane Florence. Additionally, allocates the remaining $50,000,000 for purposes of (1) providing the State match for federal disaster assistance programs and (2) paying for the costs, relief and assistance authorized by GS 166A-19.42(b) concerning expenditures from the State Emergency Response and Disaster Relief Fund, applicable to those counties that are or become designated under a major disaster declaration by the President under the Stafford Act as a result of Hurricane Florence. 

Provides that the appropriations made in the act are for maximum amounts necessary to implement the act and that savings should be effected where the total amounts appropriated or allocated are not required to implement the act.

Appropriates funds received on or after September 13, 2018, under the federal Stafford Act and other federal disaster assistance programs for State disasters as a result of Hurricane Florence in the amounts provided in the notifications of award. Requires the OSBM and affected State agencies to report all notifications of award to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the General Assembly. 

Part V provides authorization for various measures to implement the act, including:

  • Encouraging state agencies to purchase goods and services from historically underutilized businesses.
  • Stating the General Assembly’s intent to review and address continuing unmet needs during 2018 and 2019.
  • Encouraging the Department of Health and Human Services, Division of Public Health to work with local health departments to expedite mosquito control efforts in counties that are or become part of a disaster declaration by the President under the Stafford Act.

Section 5.3 provides the following election relief measures.

Allows for voter registration applications for the November 2018 election to be submitted until 5:00PM on October 15, 2018, with those submitted by fax or scanning having a permanent copy of the completed and signed form delivered to the county board of elections no later than October 20, 2018.  Permits a county board of election by unanimous vote to provide for a substitute one-stop site for absentee ballots to be applied for and cast during the statutory period for the November 2018 election, if the one-stop site was damaged by Hurricane Florence. Authorizes a county board of election to adopt a resolution altering voting places for the November 2018 election if a voting place was damaged by Hurricane Florence and the county board provides notice of the location change in the most expedient manner possible. Allows for the notice of change in location through public service announcements, print, radio, television, online and social media. Allows for a county to alter a voting place for a precinct damaged by Hurricane Florence as provided in GS 163A-1047 (Satellite voting places), GS 163A-1048 (Out-of-precinct voting), and GS 163A-1049 (Temporary use of two voting places for certain precincts). Applicable to those counties designated under a major disaster declaration by the President under the Stafford Act as a result of Hurricane Florence as of October 2, 2018, and limited to the November 2018 election only. 

Directs county boards of elections to educate the public about voting in the November 2018 election by (1) including information on county board of elections websites, if applicable, about voter registration and voting options and (2) including a brief statement regarding how to obtain information on voting for individuals impacted or displaced by Hurricane Florence when publishing notices of elections for the 2018 general election.

Similarly, directs the Bipartisan State Board of Elections and Ethics Enforcement to educate the public about voting in the November 2018 election by (1) including voter registration and voting options on its website; (2) distributing information about voter registration and voting options to State agencies, shelters, groups, and other organizations serving persons impacted or displaced by Hurricane Florence; (3) coordinating with State and federal agencies to identify and notify persons displaced by Hurricane Florence about voter registration and voting options, including county specific information as to early one-stop voting locations and times when practicable; (4) disseminating information about voter registration and voting options, including same day registration during the early voting period, mail-in absentee voting, and early one-stop voting; and (5) assisting any county board of elections altering one-stop sites and voting places for the November 2018 election authorized by the act.

Appropriates $400,000 from the cash balance in specified Budget Code in the Bipartisan State Board of Elections and Ethics Enforcement to implement Section 5.3.

Section 5.5 allows the waiving of fees assessed by the Division of Motor Vehicles (DMV) against residents of counties impacted by Hurricane Florence for duplicate driver's licenses, duplicate commercial driver's licenses, initial or duplicate special identification cards, duplicate or corrected certificates of title, replacement registration plates, duplicate registration cards, and late payment of motor vehicle registration renewal fees.  These fee waivers are effective September 13, 2018, and expire December 31, 2018. Allows a resident to receive a refund of any fee assessed and collected by the DMV and waived pursuant to Section 5.5. Requires the DMV to post notice of the availability of a refund on its website.

Section 5.6 authorizes the Governor to waive the fee assessed by city and county building inspectors and credited to the Homeowners Recovery Fund for the reimbursement of homeowners suffering reimbursable losses in constructing or altering a single-family residential dwelling unit, applicable to permit applicants who are residents of counties impacted by Hurricane Florence. Allows permit applicants to receive a refund of any fee assessed and collected by city and county building inspectors and waived pursuant to Section 5.6. Requires a city or county subject to Section 5.6 to post notice of the availability of a refund on its website. These fee waivers are effective September 13, 2018, and expire December 31, 2018.

Section 5.7 directs the Governor to ensure that state disaster relief funds are not expended in a manner that adversely impacts federal assistance eligibility for individuals and businesses, and to avoid expending state funds to cover costs that will be covered by federal funds.

Intro. by Britt, Meredith, Brown, B. Jackson, Rabon, Clark, D. Davis, Fitch, Lee, McInnis, Sanderson, Smith.UNCODIFIED
S 4 (2018 Extra 3) ADJOURN 3RD EXTRA SESSION TO OCTOBER 15. Filed Oct 2 2018, A JOINT RESOLUTION ADJOURNING THE 2018 THIRD EXTRA SESSION TO A DATE CERTAIN.

Provides that when the House and Senate jointly adjourn on October 2, they stand adjourned to reconvene the 2018 Third Extra Session on Monday, October 15, at 10:00 am.

Intro. by Rabon.JOINT RES

The Daily Bulletin: 2018-10-02

The Daily Bulletin: 2018-10-02

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2018-10-02

PUBLIC BILLS

H 1: HOUSE RULES - 2018 THIRD EXTRA SESSION.

    House: Filed
    House: Passed 1st Reading
    House: Added to Calendar
    House: Adopted

H 2: ADJOURN 2018 3RD EXTRA SESSION TO OCTOBER 9.

    House: Filed
    House: Passed 1st Reading
    House: Added to Calendar
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 3: 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT (NEW).

    House: Filed
    House: Passed 1st Reading
    House: Ref To Com On Appropriations
    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 4: HURRICANE FLORENCE EMERGENCY RESPONSE ACT.

    House: Filed
    House: Passed 1st Reading
    House: Ref To Com On Appropriations
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Amend Failed A2
    House: Amend Adopted A3
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 10/2/2018

S 1: SENATE RULES - 2018 3RD EXTRA SESSION.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Placed on Today's Calendar
    Senate: Adopted

S 2: SCHOOL CALENDAR & PAY/HURRICANE FLORENCE.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Ref To Com On Appropriations/Base Budget
    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 10/2/2018

S 3: 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT (NEW).

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Ref To Com On Appropriations/Base Budget

S 4: ADJOURN 3RD EXTRA SESSION TO OCTOBER 15.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled
    Senate: Ratified
    Senate: Ch. Res 2018-13

Actions on Bills: 2018-10-02

No local actions on bills

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view