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.
The Daily Bulletin: 2019-10-31
Printer-friendly: Click to view
The Daily Bulletin: 2019-10-31
| Intro. by Hurley, Johnson, Horn, Elmore. |
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.
| Intro. by Hurley, Johnson, Horn, Elmore. | APPROP |
Conference report to the 3rd edition makes the following changes.
Part I.
No longer enacts GS 7A-98, GS 1-148.1, and GS 15A-101.2, regarding unsworn declarations under penalty of perjury. Instead, further amends the offense of perjury set forth in GS 14-209. Now makes it a Class F felony to knowingly and intentionally make a false statement under oath or affirmation in any matter in any court, in any deposition or affidavit taken pursuant to law, in any oath or affirmation duly administered of or concerning any matter or thing where the person is lawfully required to be sworn or affirmed (previously, the offense required willfully and corruptly committing perjury in the form prescribed by previously proposed GS 7A-98). Appears to intend that this provision is effective December 1, 2019, and applies to offenses committed on or after that date (was, 30 days after the Director of AOC certifies that AOC is ready to begin implementation of an integrated case management system).
Enacts GS 7A-49.5(b1) to mandate the Supreme Court to promulgate rules authorizing electronic filing and electronic signatures, including rules requiring registration to participate in e-filing and security procedures that include mandatory submission of identification to e-file pro se.
Requires AOC to report the rules promulgated under new GS 7A-49.5(b1) to the specified NCGA committee by March 1, 2020.
Makes a technical change to the proposed changes to GS 105A-9, concerning appeals to superior court for a hearing de novo within 10 days of an order of the clerk of superior court, the AOC Director, or a designee.
Part II.
Modifies the proposed changes to GS 44A-4, which allows a lienor to institute a special proceeding to sell a vehicle which has a fair market value of less than $800 in cases in which the certified mail notice is returned undeliverable or if the legal title holder cannot be reasonably ascertained. Now limits the special proceeding to no more than ten vehicles so long as the proceeds of each sale were only subject to valid claims and excess proceeds are paid to the Treasurer for disposition (previously, limited the proceeding to the sale of one vehicle and eliminated proceed restrictions).
Part III.
Amends GS 7B-2102 to allow for fingerprints of juveniles adjudicated delinquent of an offense that would be a felony if committed by an adult to be entered into a local fingerprint database to be used for investigative and comparison purposes so long as the law enforcement agency with jurisdiction is served by a secure crime lab facility that maintains a local fingerprint database.
Amends GS 15A-145.8, as enacted by SL 2019-186, concerning expunction of records when charges are remanded to district court for juvenile adjudication. Requires the court to order the expunction of DNA records when the person's charges have been remanded to district court for juvenile adjudication (was, when the person's case has been dismissed by the trial court) and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the Databank as a result of the charges that were remanded. No longer amends the required content of the order. Also amends the requirements of the clerk upon order of expungement to now require the clerk to send a certified copy of the order to the defendant, the defendant's attorney, the AOC, and the state and local agencies listed under specified state law. Adds that agencies in receipt of certified copies must delete any public records made as a result of the charges that have been remanded to district court for juvenile adjudication. Prohibits deletion of records related to juvenile adjudication; deems these records confidential. Maintains the effective date of December 1, 2019.
Amends GS 15A-832 to except from the requirement of the district attorney's office to notify a victim of all court proceedings by type of notice the victim has elected to receive notice as required under GS 15A-835(b)(2), concerning appellate proceedings, and GS 15A-837(a)(2), concerning hearings relating to the defendant's supervision. Effective retroactively to August 31, 2019.
Amends GS 127B-29, as enacted in SL 2019-161, to change the federal statutory cross-reference regarding servicemember dependents' rights and protections under new Article 4, NC Servicemembers Civil Relief Act. Effective retroactively to October 1, 2019.
Part IV.
Amends GS 1A-1, Rule 40, concerning the assignment of cases for trial and continuances. Mandates that a request for continuance must be granted when requested to fulfill an obligation of service by 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 (previously, included these obligations as good cause shown for continuance requests which may be granted). Makes conforming changes to GS 15A-952. Maintains the effective date of December 1, 2019.
The Daily Bulletin: 2019-10-31
House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.
Part I.
Directs the Department of Revenue (DOR) to issue refund checks for overpayments that result from a tax credit allowed to a qualifying North Carolina taxpayer. Directs DOR to automatically apply the credit to a qualifying taxpayer's tax return instead of a qualifying taxpayer claiming the tax credit. Requires that an explanatory insert be included with the check. Requires that the checks be mailed on on before October 1, 2020. Sets the refund amount as the lesser of the amount of tax due or the following: (1) $250 for married filing jointly; (2) $125 for all other taxpayers. Requires a taxpayer to have filed an individual income tax return for 2018 by October 15, 2019, in order to qualify for the refund. Provides that a tax refund issued under these provisions is subject to overpayment setoff under GS Chapter 105A, the Setoff Debt Collection Act, or under another setoff debt collection program authorized by law. Requires the State Controller to reserve funds necessary to issue the refunds from the General Fund, and provides that to the extent the funds are required to be appropriated, the funds are appropriated.
Appropriates $5,560,000 in nonrecurring funds for 2019-20 from the General Fund to DOR to cover costs incurred for implementing these requirements.
Part II.
Appropriates $7.5 million in nonrecurring funds for 2019-20 from the General Fund to the Office of State Budget and Management (OSBM) to be provided to the City of Roanoke Rapids to reduce the existing debt incurred by the City to finance the Roanoke Rapids Theatre. Reverts the funds to the General Fund if not disbursed by August 31, 2020. Requires the following conditions to be met before OSBM may disburse the funds to the City: (1) the City must have applied to the Local Government Commission for approval of a plan to apply the appropriated funds to reduce the existing debt incurred by the City to finance the Roanoke Rapids Theatre, which plan must include a proposal for the payment of the existing debt that is not prepaid; and (2) the Local Government Commission must have approved the application.
Makes conforming changes to the act's titles.
| Intro. by J. Jackson, J. Davis, Britt. | APPROP |
House amendments to the 3rd edition make the following changes.
Amendment #1 deletes the proposed changes to GS 18B-800(c1) regarding purchasing individual bottles of special order spirituous liquor from local ABC stores. Deletes the companion directive requiring the ABC Commission to adopt related rules.
Amendment #2 makes a technical correction to GS 143B-135.234, as amended.
Amendment #3 amends new GS 115C-218.37, regarding public approval for private activity bonds, to require the public hearing on the bond issuance be conducted in the county where the charter school facility is or will be located.
Amendment #4 requires the funds allocated to the Big Brothers Big Sisters, Triangle Residential Options for Substances Abusers, Inc. (TROSA), the Boys and Girls Clubs, and Cross Trail Outfitters under GS 2017-57, as amended (Appropriations Act of 2017), be allocated to the same recipients and in the same amounts for the 2019-20 fiscal year. Repeals this provision if HB 966 (Appropriations Act of 2019) becomes law.
Conference report makes the following changes to the 5th edition.
Requires the North Carolina Policy Collaboratory (Collaboratory) to submit an interim report with the results of its studies on aqueous film-forming foam used or stored by fire departments in the state by April 1, 2020, and requires a final report by October 15, 2020 (was, the results of the studies were to be included in the final report required by the specified session law and required an interim report no later than April 1, 2020). Amends Section 13.1(g) of SL 2018-5 to extend the date by which the Collaboratory must report on the results of nontargeted analysis for PFAS at all public water supply surface water intakes and one public water supply well selected by each municipal water system operating groundwater wells for public drinking water supplies, to October 15, 2020 (was, December 1, 2019); also adds the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources to the entities to receive the report on those sampling results.
Modifies S 553 (Regulatory Reform Act of 2019), subject to that act becoming law, to postpone the effective date of Section 12, which amends GS 159G-23 concerning priority consideration for certain applications for loans and grants from the Wastewater Reserve or Drinking Water Reserve, from July 1, 2019, to December 1, 2019 (was, November 1, 2019).
Adds a section amending GS 146-25.1 to provide that if the Department of Administration determines it is in the State's best interest to lease or rent land and the rental is estimated to exceed $40,000 (was, exceed $25,000) per year or the term will exceed three years, the Department of Administration must require the State agency desiring to rent land to prepare and submit a set of specifications for its needs for the Department's approval.
Adds a section that amends GS 130A-335(j) if S 553 (Regulatory Reform Act of 2019) becomes law, to allow a local health department to determine site suitability for a ground absorption sewage treatment and disposal system under rules adopted by the Commission for Public Health, or site suitability may be determined according to GS 130A-336.1 if substantiating data indicates the system can be expected to function satisfactorily and the system and effluent meet the stated conditions (was, under rules adopted by the Commission or according to GS 130A-336.1 where all of the stated conditions are indicated). Adds that a registered environmental health specialist employed by, or under contract with, a local health department who determines site suitability in accordance with (j) is not considered an authorized agent of the Department of Health and Human Services. Gives the Department immunity from liability for wastewater systems designed, constructed, and installed under (j).
Makes conforming changes to the act's long title.
| Intro. by Burgin, Ballard, Woodard. | STUDY, GS 113A, GS 130A, GS 140, GS 143, GS 143B, GS 146, GS 159G |
Senate amendment to the 1st edition makes the following changes.
Expands upon the items that may be considered when the House and Senate reconvene on November 13, to also include: (1) bills providing for the selection, appointment, or confirmation as required by law, including the filling of vacancies of positions for which the appointees were elected by the NCGA upon recommendation of the Speaker of the House, President of the Senate, or President Pro Tempore of the Senate; (2) bills providing for action on gubernatorial nominations or appointments; and (3) adoption of conference reports for bills which were in conference on or before the date this resolution is adopted.
Amends the items that may be considered when the House and Senate reconvene on January 14, to include the adoption of conference reports for bills which were in conference on or before the date this resolution is adopted, no longer requiring that conferees have been appointed by both houses on or before the date the resolution is adopted.
| Intro. by Rabon. | JOINT RES |
The Daily Bulletin: 2019-10-31
The Daily Bulletin: 2019-10-31
Actions on Bills: 2019-10-31
H 111: 2019-2021 BASE BUDGETS/CERTAIN AGENCIES. (NEW)
H 200: 2019 STORM RECOVERY/VAR. BUDGET CORRECTIONS. (NEW)
H 231: UNC & COMM. COLL. PAY/RETIREE BONUS. (NEW)
H 377: TEACHER STEP ACT. (NEW)
H 398: INFO. TECH. BUDGET/2019-2021 FISCAL BIENNIUM. (NEW)
H 470: ADMINISTRATION OF JUSTICE CHANGES. (NEW)
H 555: MEDICAID TRANSFORMATION IMPLEMENTATION. (NEW)
H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)
H 966: 2019 APPROPRIATIONS ACT.
H 1019: CONFIRM FLOYD MCKISSICK/UTILITIES COMMISSION.
H 1023: CORONAVIRUS RELIEF FUND/ADDITIONS & REVISIONS (NEW).
S 105: CLARIFY EMERGENCY POWERS. (NEW)
S 199: CHILD SEX ABUSE/STRENGTHEN LAWS.
S 250: REMOVE FOREIGN CITIZENS FROM VOTING ROLLS. (NEW)
S 354: STRENGTHENING EDUCATORS' PAY ACT. (NEW)
S 419: TECHNICAL AND OTHER CHANGES. (NEW)
S 433: DCNR OMNIBUS & OTHER CHANGES. (NEW)
S 476: SCHOOL-BASED MENTAL HEALTH. (NEW)
S 522: LOW-PERF. SCHOOLS/ADV. TEACHING ROLES. (NEW)
S 537: LICENSING & HHS AMENDS & RURAL HEALTH STABLE. (NEW)
S 553: REGULATORY REFORM ACT OF 2019.
S 557: VARIOUS FINANCE LAW CHANGES. (NEW)
S 559: STORM SECURITIZATION. (NEW)
S 578: REDUCE FRANCHISE TAX/EXPAND FILM GRANTS. (NEW)
S 677: CONFIRM COREY VIERS TO MINING COMMISSION.
S 678: CONFIRM ROBERT CONNER TO MINING COMMISSION.
S 683: COMBAT ABSENTEE BALLOT FRAUD.
S 684: CONFIRM JEFF HUGHES/UTILITIES COMMISSION.
S 685: CONFIRM KIM DUFFLEY/UTILITIES COMMISSION.
S 693: CONGRATULATE THE CAROLINA COURAGE.
S 694: ADJOURN 2019 REGULAR SESSION TO NOVEMBER.
Actions on Bills: 2019-10-31
H 181: YANCEYVILLE/GREENSBORO/MCDOWELL CTY BD ED. (NEW)
© 2024 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.