The Daily Bulletin: 2020-05-26

The Daily Bulletin: 2020-05-26

PUBLIC/HOUSE BILLS
H 536 (2019-2020) TEMP OUTDOOR RESTAURANTS FOR OUTDOOR SEATING (NEW). Filed Apr 2 2019, AN ACT TO AUTHORIZE CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS WHILE ALSO SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF CORONAVIRUS DISEASE 2019 (COVID-19).

Senate committee substitute deletes the provisions of the 5th edition and instead provides the following.

Authorizes any establishment that prepares or serves food or drink to open and operate its food and drink service for on-premises consumption so long as 11 requirements and limitations are met. Among the requirements and limitations are (1) that the establishment was in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary State and local regulatory permits; (2) the establishment is not a private club, private bar, winery with a fortified or unfortified wine permit, or a distillery with a distillery permit; (3) the operation for on-premises consumption is limited to any authorized indoor seating or an owner-approved outdoor seating location; and (4) the service is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 consumers. Bars municipalities and counties from prohibiting the authorized outdoor seating areas due to not being a permitted use for operation of food and drink services under zoning ordinances. 

Sunsets the act upon the later of 30 days after any emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink, or October 31, 2020.

Changes the act's titles.

Intro. by McGrady, Boles, Fisher, Hardister.
H 902 (2019-2020) P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW) Filed Apr 16 2019, AN ACT TO PROVIDE THAT THE DIVISION OF PURCHASE AND CONTRACT OF THE DEPARTMENT OF ADMINISTRATION SHALL REVIEW PROTESTS ON CONTRACTS AND RECEIVE REPORTS ON EMERGENCY PURCHASES BY STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES IF THE DOLLAR AMOUNT EXCEEDS THE EXPENDITURE BENCHMARK ESTABLISHED BY THE SECRETARY OF ADMINISTRATION; TO ELIMINATE OBSOLETE LANGUAGE RELATING TO FURNITURE CONTRACTS FROM THE GENERAL STATUTES; TO PROVIDE PROCUREMENT SIMPLIFICATION AND INCREASED ACCOUNTABILITY; TO CLARIFY PLAN REVIEW, CODE ENFORCEMENT, AND CREATE AN EXEMPTION FROM THE STATE PROPERTY FIRE INSURANCE FUND FOR CERTAIN BUILDINGS WITHIN NC GLOBAL TRANSPARK; TO CREATE A PRISON SOFTWARE MANAGEMENT PILOT PROGRAM; TO CLARIFY THE AUTHORITY OF OWNERS ASSOCIATIONS TO IMPOSE CHARGES FOR STATEMENTS OF UNPAID ASSESSMENTS; TO CLARIFY DISTRICT ATTORNEY DISCRETION IN REGISTRATION REQUIREMENT REVIEWS; AND TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY.

Senate committee substitute deletes the provisions of the 2nd edition and instead provides the following.

Authorizes any private club or private bar, any winery issued a fortified or unfortified wine permit, or any distillery issued a distillery permit, to open and serve alcohol for on-premises consumption so long as 10 requirements and limitations are met. Among the restrictions are (1) a requirement that the establishment have been in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary State and local regulatory permits; (2) the service is limited to outdoor seating locations with the location owner(s)' permission; and (3) the outdoor seating capacity is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 customers. Bars municipalities and counties from prohibiting the authorized outdoor seating areas due to not being a permitted use for operation of food and drink services under zoning ordinances. 

Sunsets the act upon the later of 30 days after any emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink, or October 31, 2020.

Changes the act's titles.

Intro. by Grange, Bell.
H 1079 (2019-2020) VARIOUS SALES TAX CHANGES. Filed May 14 2020, AN ACT TO MAKE VARIOUS SALES AND USE TAX CHANGES, AS RECOMMENDED BY THE REVENUE LAWS STUDY COMMITTEE.

Senate amendment to the 2nd edition adds the following.

Enacts GS 105-244.4A to bar the Department of Revenue (Department) from taking any action to assess a person for an sales and use tax due for the filing period beginning October 1, 2019, and ending prior to August 1, 2020, with respect to the retail sale of digital audio work or digital audiovisual that either consists of continuing education instruction approved by an occupational licensing board or consists of professional development instruction for school board members, administrators, or staff. Excludes from the grace period those persons who received specific written advice from the Department Secretary for transactions at issue for the laws in effect for the applicable period or to person who collected tax and failed to remit it to the Department. Effective on the date the act becomes law. 

Intro. by Howard, Ross, Setzer, Szoka.GS 105
H 1175 (2019-2020) 2020 SAFE DRINKING WATER ACT. Filed May 22 2020, AN ACT TO PROTECT NORTH CAROLINA CITIZENS FROM HARMFUL TOXINS IN DRINKING WATER BY REQUIRING THE COMMISSION FOR PUBLIC HEALTH TO ESTABLISH MAXIMUM CONTAMINANT LEVELS FOR CHEMICALS THAT ARE PROBABLE OR KNOWN CARCINOGENS OR ARE OTHERWISE TOXIC.

Requires the Commission for Public Health (Commission) to, no later than 100 days after the date this act becomes law: (1) commence rulemaking to establish maximum contaminant levels (MCLs) for probable or known carcinogens and other toxic chemicals that are likely to pose a substantial hazard to public health, requiring at least the establishment of MCLs for the five specified contaminants, including per- and poly-fluoroalkyl substances (PFAS); and (2) for any other contaminants where two or more other states have set MCLs or issued guidance on such contaminants, the Commission must consider establishing MCLs for such contaminants. Requires the Commission to do the following when establishing the MCLs: (1) review MCLs adopted by other states, the studies and scientific evidence reviewed by those states, material in the Agency for Toxic Substances and Disease Registry, and the latest peer-reviewed science and independent or government agency studies on appropriate MCLs for such contaminants; and (2) adopt MCLs protective of public health, including vulnerable subpopulations, which state MCLs must not exceed any MCL or health advisory established by the US Environmental Protection Agency.

Requires the Commission to annually review the latest peer-reviewed science and independent or government agency studies and undertake additional rulemaking, as necessary to establish or revise MCLs for contaminants likely to pose a substantial threat to public health.

Appropriates $6 million in recurring funds for 2020-21 from the General Fund to the Department of Health and Human Services to carry out the act's requirements. Allows DHHS to establish up to 37 FTE positions with these funds.

Intro. by Clemmons, Meyer, Reives, Batch.APPROP, UNCODIFIED
H 1176 (2019-2020) COVID-19/CREATE TEMP. JOBS STATEWIDE/FUNDS. Filed May 22 2020, AN ACT APPROPRIATING FUNDS FROM THE CORONAVIRUS RELIEF RESERVE TO ENHANCE PANDEMIC HEALTH AND SAFETY MEASURES AND TO CREATE TEMPORARY JOBS TO FIGHT COVID-19 AND MAKING TIME-LIMITED CHANGES TO THE EMPLOYMENT SECURITY LAWS TO HELP PEOPLE NEEDING HELP AND TO GET PEOPLE BACK TO WORK.

Directs the State Controller to create the Pandemic Safety and Temporary Jobs Fund (Fund) in the General Fund to be administered by the Office of State Budget and Management (OSBM) to fund the immediate creation of time-limited public employment opportunities associated with mitigating or responding to the pandemic. Directs the State Controller to transfer $500 million in nonrecurring funds from the Coronavirus Relief Reserve to the Fund for the 2019-20 fiscal year. Appropriates $500 million in nonrecurring funds from the Fund to OSBM for the 2019-20 fiscal year. Specifies that the funds remain available until December 30, 2020.

Directs OSBM to allocate the appropriated funds in the form of grants to the following specified public entities, subject to the federal CARES Act, for pandemic health and safety measures, to create temporary employment for mitigating or responding to the pandemic, and to provide teleworking and paid sick leave for current public employees: local governments; local boards of education, local community colleges, UNC, and the Community College System Office; public hospitals; public libraries; public health departments; sheriffs' departments; police departments; and public entities determined eligible by OSBM. Requires OSBM to establish a formula and protocol for awarding grants that will: create jobs with compensation set at at least $25,000 a year, annualized, for a time-limited period of 6-12 months with rate of pay at 80% of the average pay for the employer's same or similar jobs for full-time employees; provide availability of funds for all counties; prioritize the unemployed or underemployed; not displace or supplant current employees; and create up to 20,000 participant jobs. Requires strict adherence to the requirements of the federal CARES Act.

Grants the Division of Employment Security maximum flexibility in determining eligibility for unemployment benefits during the coronavirus pandemic to assist the unemployed and to help individuals return to suitable work. Mandates liberal construction. Expires December 31, 2020.

Intro. by Garrison.APPROP, UNCODIFIED
H 1177 (2019-2020) EXTEND CUMBERLAND COUNTY MEALS TAX. Filed May 26 2020, AN ACT TO MODIFY THE CUMBERLAND COUNTY PREPARED FOOD AND BEVERAGE TAX ORIGINALLY AUTHORIZED TO FACILITATE THE FINANCING OF AN ARENA IN CUMBERLAND COUNTY.

Amends Section 11 of SL 1993-413, which authorizes the Cumberland County Board of Commissioners to levy a prepared food and beverage tax of up to 1%, subject to voter approval, to provide a means to finance an arena in the County. Modifies the repeal requirement, now requiring the County Commissioners to repeal the tax no more than 10 years after the date when the new or expanded arena facilities for which the tax was imposed is constructed and any associated debt paid (previously, did not specify a time limit for the required repeal).

Appropriates $1,000 in nonrecurring funds for 2020-21 from the General Fund to the Cumberland County Board of Commissioners to study the effects on revenue due to the adjusted repeal date.

Effective January 1, 2021, and applies to sales of prepared food and beverages made on or after that date.

Intro. by Floyd, Lucas, Szoka.APPROP, Cumberland
H 1178 (2019-2020) BRAKE FOR OUR FUTURE ACT OF 2020. Filed May 26 2020, AN ACT TO ESTABLISH THE SMART SCHOOL BUS SAFETY PILOT PROGRAM.

Directs the Department of Public Instruction (DPI) to establish the Smart School Bus Safety Pilot program (program), beginning with the 2020-21 school year and ending no later than December 31, 2022.

Requires participating local school administrative units to contract with qualifying vendors for specified school bus technology services. Authorizes only Johnston County Schools and Wayne County Public Schools to participate in the program. Permits DPI to authorize a replacement local school administrative unit to participate in the program for each authorized local school administrative unit that elects not to participate. 

Grants participating local units discretion over the specific technology and services provided by a contracted vendor so long as six requirements are met, including (1) improvement of overall communications and reporting on school buses, (2) inclusion of automated bus safety cameras and on-board integration of the cameras, and (3) enabling of employee time tracking and student rideship tracking.

Requires participating units to include in the program every school bus designed for the transportation of children with disabilities. Deems all hardware provided to a participating unit to be property of the unit at the program's conclusion.

Directs DPI to report specified program information to the specified NCGA committees and division by November 1, 2021, and March 1, 2022, including an itemized list of technology and a description of services provided by vendors under the program.

Appropriates from the General Fund to DPI $1.4 million in nonrecurring funds for the 2020-21 fiscal year to implement the program. Requires allocation of the funds to participating local units based on the average number of students transported in the 2019-20 school year, as specified.

Reenacts and incorporates by the reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Effective July 1, 2020.

Intro. by Bell, Strickland.APPROP, UNCODIFIED
H 1179 (2019-2020) FUNDS/OSC ACCOUNTING SYSTEM UPGRADE. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FOR THE STATE CONTROLLER'S ENTERPRISE RESOURCES PLANNING SYSTEM.

Appropriates from the General Fund to the Department of State Controller $7,636,694 and $42,363,306 in nonrecurring funds for the 2020-21 and 2021-22 fiscal years, respectively, to continue the development of the Enterprise Resources Planning (ERP) system. Effective July 1, 2020.

Intro. by Cleveland, Riddell.APPROP
H 1180 (2019-2020) SAM'S LAW. Filed May 26 2020, AN ACT RELATING TO SEIZURE DISORDERS IN SCHOOLS.

Names the act either the Seizure Safe Schools Act of 2020, or Sam’s Law.

Enacts new GS 115C-375.7 to allow the parent of any student to petition a school unit for the development of a seizure action plan if the student is diagnosed with a seizure disorder and is enrolled in the school unit. Defines school unit as a public school unit or school that meets the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) or Part 2 (Qualified Nonpublic Schools) of Article 39. 

Requires the seizure action plan to be kept on file in the office of a school administrator or school nurse and requires that the plan be available to any school personnel and, with the parent’s permission, any volunteer responsible for supervising the student. Makes the parent and school unit responsible for developing the plan in accordance with policies and procedures developed by the school unit’s governing body and requires the plan to include three specified components. Requires at least one employee in each school in the unit to be trained to administer or assist with self-administering seizure medication. Requires the governing body of each school to adopt (1) minimum training requirements, consistent with specified training guidelines, for employees and volunteers that may supervise students with seizure disorders if the volunteer elects to receive the training; (2) a policy outlining the requirements of an annual seizure education program for all school personnel having direct contact with students in K-12, which must meet specified requirements; and (3) a policy requiring all principals, guidance counselors, and teachers to complete at least one hour of self-study review of seizure disorder materials each school year. Requires displaying a seizure first aid poster in each school.

Amends GS 115C-12 to require the State Board of Education to develop a policy on seizures.

Amends GS 115C-47 to require each local board of education to adopt a policy on seizures. Amends GS 115C-218.75, GS 115C-238.66, and GS 116-11, and enacts GS 115C-548.5 and GS 115C-556.5 to require charter schools, regional schools, schools operated by a UNC constituent university, private church schools or religious charter schools, and qualified nonpublic schools, respectively, to adopt a policy regarding seizures.

Appropriates $20,000 in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Instruction to assist the State Board of Education in the development of its seizure policy and with costs associated with the act.

Effective July 1, 2020, and applies beginning with the 2021-22 school year.

Intro. by Jarvis, Horn, Hardister, Clemmons.APPROP, GS 115C, GS 116C
H 1181 (2019-2020) CERTAIN APPROPRIATIONS FOR EDUCATION/COVID. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS TO EDUCATIONAL ENTITIES IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) CRISIS.

Directs the State Controller to transfer $405 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4) for the 2019-20 fiscal year. Appropriates $405 million from the Coronavirus Relief Fund to the Office of State Budget and Management (OSBM) for the 2019-20 fiscal year. Specifies that appropriated funds remain available until December 30, 2020.

Requires OSBM to allocate the funds in specified amounts to the following entities and identified purposes: (1) the Department of Public Instruction (DPI) to install extended reach mobile wifi gateway router devices in school buses and provide community and home mobile Internet access points; restricts use to the purchase of devices only; (2) to DPI for public elementary and secondary schools to purchase computers and other electronic devices for student and school personnel use in response to COVID-19; (3) to DPI to hold in reserve to award grants to public school units to support extraordinary costs associated with provided services for exceptional children in response to the impacts of COVID-19; (4) to DPI for contracted services for school health support personnel, consistent with the formula for Instructional Support Allotment, including school counselors, school nurses, school psychologists, and school social workers; (5) to the UNC Board of Governors (BOG) for constituent institutions to cover necessary eligible expenses for resources and supports for students impacted by COVID-19; (6) to the BOG for constituent institutions to provide institutional support for necessary eligible expenses related to COVID-19 impacts; (7) to the Community Colleges System Office (CC System Office) for campuses to cover necessary eligible expenses for resources and supports for students impacted by COVID-19; (8) to the CC System Office for the Office and campuses to provide institutional support for necessary eligible expenses related to COVID-19 impacts; and (9) to the BOG to be allocated to the State Education Assistance Authority (Authority) for eligible private postsecondary institutions to cover necessary eligible expenses for resources and supports for students impacted by COVID-19 and to provide institutional support for necessary eligible expenses related to COVID-19 impacts, in amounts and apportioned as specified. 

Intro. by Fraley, Clemmons, Horn.APPROP
H 1182 (2019-2020) FUNDS FOR EDUCATIONAL ENTITIES/COVID. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS TO EDUCATIONAL ENTITIES IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) CRISIS.

Directs the State Controller to transfer a sum sufficient for the 2019-20 fiscal year, as described and appropriated in nonrecurring funds to the Office of State Budget and Management (OSBM), from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4). Requires the appropriated funds to remain available until December 30, 2020.

Requires OSBM to allocate the funds to the Department of Public Instruction (DPI), the Community Colleges System Office (CC System Office), and the UNC Board of Governors (BOG) to provide services and cover costs necessary to assist respective schools, campuses, and institutions, and their students, affected by COVID-19; includes eligible private postsecondary institutions.

Intro. by Fraley, Clemmons, Horn.APPROP
H 1183 (2019-2020) DMV/TITLE/REG./MODIFIED UTILITY VEHICLE. Filed May 26 2020, AN ACT TO AUTHORIZE THE TITLE AND REGISTRATION OF MODIFIED UTILITY VEHICLES FOR USE ON CERTAIN ROADWAYS.

Amends GS 20-4.01 to add to the Chapter’s defined terms modified utility vehicle. Defines the term to mean a vehicle that is designed for off-road use and manufactured with safety equipment required by GS 20-121.1(2); excludes all-terrain vehicles, golf carts, utility vehicles, and riding lawn mowers.

Amends GS 20-87 to provide a registration fee for modified utility vehicles, setting the fee as the same fee amount for private registration vehicles of no more than 15 passengers, and the fee for modified utility vehicles offered for rent as the same fee amount for a U-drive-it automobile.

Amends GS 20-121.1 to provide for the regulation of modified utility vehicles in the same manner as low-speed vehicles and mini-trucks, including safety equipment requirements, vehicle identification number requirements, registration and insurance requirements, and use-restrictions as necessary by the Department of Transportation. Specifically restricts operation of modified utility vehicles to streets and highways where the posted speed limit is 55 miles per hour or less (distinct from low-speed vehicles and mini-trucks, which are restricted to posted limits of 35 miles per hour or less).

Intro. by Dixon.GS 20
H 1184 (2019-2020) ENSURE SAFER VOTING FOR 2020 ELECTIONS. Filed May 26 2020, AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS PERTAINING TO THE 2020 GENERAL ELECTION IN RESPONSE TO THE COVID-19 PANDEMIC.

Part I

States the act's purpose and sets out defined terms. Defines the COVID-19 emergency as the period beginning March 10, 2020, and ending on the date the Governor rescinds Executive Order No. 116.

Part II

Permits voter registration applications to be submitted or postmarked 14 days before the 2020 general election. For applications submitted by fax or scan, requires a permanent copy of the complete, signed form to be delivered to the county board of elections no later than 10 days before the 2020 general election. Applies to elections held on or after the date the act becomes law and expires upon certification of the 2020 general election.

Part III

Permits a voter or a voter's near relative or verifiable legal guardian to submit an absentee ballot request by phone, fax, online portal, or email, or in-person, by mail, or designated delivery service, for the 2020 general election. For phone requests, requires the county board to provide a preprinted request form to the voter.

Requires the State Board of Elections (State Board) to collaborate with county boards at least 90 days before the 2020 general election to ensure every registered voter received a request form for an absentee ballot by mail, sent with prepaid postage for the return of the request form.

For the 2020 general election, allows for a voter to satisfy the certification requirement for an absentee ballot by completing the voter's absentee ballot in the presence of one witness. Further, if no witness is available, allows the voter to instead provide a copy of a current utility bill, bank statement, government check, paycheck, or other government document providing the name and address of the voter, and attest on the container-return envelope to the need for use of this option, so long as the voter's phone number, mailing address and email address are listed on the postage return envelope. Directs the State Board to adopt emergency rules for integrity and signature verification when the latter option is used, including a presumption that the voter's signature is valid unless it differs in multiple, significant, or obvious ways.

Requires that a voter submitting a valid absentee ballot request for the 2020 general election must receive a prepaid postage envelope for returning the ballot by mail from the applicable county board. 

Makes conforming changes to GS 163-231, regarding absentee ballot postage expenses, applicable to elections held on or after the date the act becomes law.

Deems absentee ballots postmarked on or before the 2020 election day and those received without a postmark through the USPS to be properly cast, accepted and counted up to three days after the general election.

Requires the State Board to take all reasonable steps to cure an absentee ballot that is incomplete or illegible, when possible, for the 2020 general election. Requires notification of voters whose signature mismatches or ballot is unsigned at least eight days prior to the certification of the election, with these voters having until 5:00 p.m. two days prior to certification to cure the signature information. Provides for a presumption of signature validation unless the signatures differ in multiple, significant, and obvious ways. Requires notice when it appears the voter's ballot will not be counted and to allow the voter the opportunity to vote in person with the appropriate time constraints or at an authorized polling place.

Mandates every local board to provide at least one absentee ballot drop box location for every 25,000 voters per county at least 15 days prior to the 2020 general election. Deems mail-in absentee ballots deposited in the drop box by the close of voting in the precinct on election day to have validly cast that ballot.

Applies to elections held on or after the date the act becomes law and expires upon certification of the 2020 general election.

Part IV

Allows a county board to eliminate the precinct residency requirement of the chief judge, judges, and the majority of precinct assistants, by majority vote for the 2020 general election. 

Allows a county board to adopt a Plan of Implementation that establishes flexibility in voting hours for one-stop early voting sites if the board desires to deviate more than two hours from the required voting schedule, by majority vote for the 2020 general election.

Part V

Mandates that the 2020 general election day be treated as a paid State holiday for State employees. Encourages private employers to treat election day as a paid day off.

Eliminates the photo identification requirement for the 2020 general election.

Requires a county board to immediately notify the State Board if any polling site must be closed due to the COVID-19 pandemic. Requires the State Board to coordinate with the county board to ensure community safety standards are in place in the event of a closure.

Amends GS 163-27.1 to expand the emergency powers of the Executive Director to allow the Executive Director to conduct an election in a district where the normal schedule for the election is disrupted due to a pandemic or national health crisis as declared by the President or the Governor.

Allows voters to request curbside or drive-through voting for the 2020 general election. Requires every county board to adopt a Plan of Implementation by majority vote for enhanced curbside voting, "Drive-Thru Voting," for any voter wishing to remain in the vehicle to vote. Requires approval by the State Board and availability for one-stop early voting and election day voting. Applies to elections held on or after the date the act becomes law.

Part VI

Includes a severability clause.

Part VII

Provides that the act applies to elections held on or after the date the act becomes law and expires upon certification of the 2020 general election, unless otherwise provided.

Intro. by Morey, Hawkins, Autry, Butler.UNCODIFIED
H 1185 (2019-2020) 2020 OMNIBUS APPROPRIATIONS ACT. Filed May 26 2020, AN ACT MAKING APPROPRIATIONS FOR THE CURRENT OPERATIONS OF STATE GOVERNMENT AND OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE.

Blank bill.

Intro. by Saine, Lambeth, Arp, Brisson.APPROP
H 1186 (2019-2020) 2020 OMNIBUS APPROPRIATIONS ACT. Filed May 26 2020, AN ACT MAKING APPROPRIATIONS FOR THE CURRENT OPERATIONS OF STATE GOVERNMENT AND OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE.

Blank bill.

Intro. by Saine, Lambeth, Dobson, Faircloth.APPROP
H 1187 (2019-2020) RAISE THE AGE FUNDING. (NEW) Filed May 26 2020, AN ACT TO FUND CAPITAL IMPROVEMENTS AT DEPARTMENT OF PUBLIC SAFETY FACILITIES IMPLEMENTING RAISE THE AGE.

Blank bill.

Intro. by Saine, Lambeth, McGrady.APPROP
H 1188 (2019-2020) TANF BENEFIT INCREASE/COVID-19. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FROM THE CORONAVIRUS RELIEF FUND UNDER THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT TO PROVIDE ADDITIONAL ASSISTANCE TO ELIGIBLE RECIPIENTS OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) BENEFITS IN RESPONSE TO THE COVID-19 PANDEMIC.

Directs the State Controller to transfer $13.2 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4) for the 2020-21 fiscal year; appropriates the nonrecurring funds to the Department of Health and Human Services (DHHS) for the 2020-21 fiscal year to provide additional assistance to eligible recipients of Temporary Assistance for Needy Families (TANF) benefits in response to the COVID-19 pandemic. Requires DHHS to allocate up to $2.2 million per month for payments to eligible recipients. Requires each eligible recipient to receive a month payment of $193 for up to six months. Requires compliance with the federal CARES Act. Requires DHHS to report to the specified NCGA committees and division by March 1, 2021, on the use of the funds. Effective July 1, 2020, and applies retroactively to assistance provided on or after March 1, 2020, and expires December 30, 2020.

Intro. by Autry, Hawkins, Morey, Holley.APPROP
H 1189 (2019-2020) DRIVER EDUCATION COVID-19 RESPONSE. Filed May 26 2020, AN ACT TO PROVIDE ACCOMMODATIONS FOR DRIVER EDUCATION COURSEWORK INTERRUPTED BY SCHOOL CLOSURES IN THE SPRING SEMESTER OF 2020 AND TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO TEMPORARILY WAIVE THE ROAD TEST REQUIREMENT.

Deems students enrolled in classroom driver education between January 2020 and March 16, 2020, in a public school or a licensed commercial driver training school, to have completed all driver education classroom instruction requirements if the student completed at least 20 hours of classroom instruction before March 16, 2020. Requires giving students who have not completed at least 20 hours of classroom instruction the opportunity to take and pass the proficiency exam developed by the Department of Public Instruction to waive the classroom instruction requirement. Requires students enrolled in driver education in the spring of 2020 to complete a minimum of six hours of behind-the-wheel instruction before being issued a North Carolina Driver Education Completion Certificate.

Appropriates $10 million in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Instruction for the driver education allotment. Require the funds to be allotted pro rata to local school administrative units based on the amount of funds that reverted to the Civil Penalty and Forfeiture Fund from each unit's driver education allotment on June 30, 2020. Effective July 1, 2020.

Intro. by Elmore, Torbett, Hurley.APPROP
H 1190 (2019-2020) UNC-TV/AT-HOME LEARNING INITIATIVE. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FROM THE CORONAVIRUS RELIEF FUND TO THE UNIVERSITY OF NORTH CAROLINA CENTER FOR PUBLIC MEDIA FOR THE AT-HOME LEARNING INITIATIVE TO EXPAND STUDENT LEARNING EXPERIENCES IN RESPONSE TO THE IMPACTS OF COVID-19.

Directs the State Controller to transfer $1,932,758 from the Corornavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4) for the 2019-20 fiscal year; appropriates the nonrecurring funds to the Office of State Budget and Management (OSBM) for the 2019-20 fiscal year to be allocated to UNC Center for Public Media (UNC-TV) for the second and third phases of the At-Home Learning Initiative (AHL), a three phase response to the impact of COVID-19 on student learning in collaboration with the Department of Public Instruction. Allocates $907,758 for the second phase of AHL to customize the content for all students and to meet State educational requirements through remediation blocks and qualifying instruction, with localized programming. Allocates $1,025,000 for phase three of AHL to fortify all statewide services and broaden the focus to include workforce development, as specified, expand distance learning initiatives (including augmented reality field trips), and investigating specialized content for students with specific learning challenges.

Requires UNC-TV to report on the progress of the use of funds to the specified NCGA committee by September 15, 2020.

Restricts the use of funds to necessary eligible expenditures incurred during the period beginning March 1, 2020, and ending December 1, 2020. Provides for the funds to remain available until December 30, 2020.

Intro. by Elmore, Szoka, Clemmons, Baker.APPROP
H 1191 (2019-2020) ECU BRODY SCHOOL OF MEDICINE FUNDS. Filed May 26 2020, AN ACT TO PROVIDE FUNDS FOR THE PLANNING AND CONSTRUCTION OF A NEW BRODY SCHOOL OF MEDICINE AT EAST CAROLINA UNIVERSITY.

Transfers $15 million from the General Fund to the State Capital and Infrastructure Fund for the 2020-21 fiscal year. Appropriates the transferred funds to UNC Board of Governors (BOG) to provide for the planning of a new Brody School of Medicine at ECU. States legislative intent to transfer an additional $13 million from the General Fund to the State Capital and Infrastructure Fund for the 2021-22 fiscal year to be appropriated to the BOG to provide funds for the construction of a new Brody School of Medicine at ECU, with the amount authorized for the project set at $215 million. Conditions fund allocation, including future allocations, for the project upon the existence of and compliance with an affiliation agreement between UNC or ECU and the primary affiliated teaching hospital for the Brody School that requires at least 45% of the members of the Board of Trustees of the primary affiliated teaching hospital to be appointed by the BOG.

Provides for the act to supersede any conflicting provisions of HB 966 (Appropriations Act of 2019) and the identified Committee Report.

Effective July 1, 2020.

Intro. by P. Jones, Moore, Bell, Humphrey.APPROP
H 1192 (2019-2020) STUDENT HEALTH COLLABORATIVE PILOT. Filed May 26 2020, AN ACT APPROPRIATING FUNDS TO ESTABLISH A STUDENT HEALTH COLLABORATIVE PILOT PROGRAM TO PROVIDE SUPPORT TO STUDENTS WHILE IN PUBLIC SCHOOL SETTINGS.

Appropriates from the General Fund to the Department of Health and Human Services, Division of Social Services (DSS) $5 million in nonrecurring funds for the 2020-21 fiscal year to establish a one-year student health collaborative pilot program (program). Directs DSS to collaborate with the Department of Public Instruction (DPI) and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS) to implement the program by developing criteria to award grants to county departments and public school units to collaborate in assisting students with their mental and physical well-being while in public school settings. Requires recipient county departments and public school units to establish teams of various certified or licensed backgrounds to provide a variety of supports based on students' needs. 

Requires DSS to select five counties to participate in the pilot from geographically diverse areas in the State, with representation from two development tier one counties, two development tier two counties, and one development tier three county, as specified in the 2020 Tier Designations. Provides for grants up to $1 million dollars, with local matching required at 30% for tier one counties, 40% for tier two counties, and 50% for the tier three county.

Directs DSS to submit a progress report six months after implementing the program as well as a final report within three months of the program's completion. Requires the reports to be submitted to the specified NCGA committees and division with four required data, including the total project costs and the projected funds needed to expand the program to other counties or statewide.

Effective July 1, 2020.

Intro. by Horn, Clemmons, Fraley.APPROP
H 1193 (2019-2020) PERSON COUNTY FUNDS. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS TO PUBLIC ENTITIES IN PERSON COUNTY.

Appropriates from the General Fund to the Department of Natural and Cultural Resources $100,000 in nonrecurring funds for the 2020-21 fiscal year to be allocated to the Division of Parks and Recreation to provide a grant to the City of Roxboro for parks. 

Transfers $14,455,467 in nonrecurring funds for the 2020-21 fiscal year from the General Fund to the State Capital and Infrastructure Fund. Appropriates the nonrecurring transferred funds to the Office of State Budget and Management, and requires allocation in specified amounts to the local school administrative unit in Person County and Piedmont Community College for the new construction or rehabilitation of existing facilities and repairs and renovations.

Effective July 1, 2020.

Intro. by Yarborough.APPROP, Person
H 1194 (2019-2020) GRANVILLE COUNTY FUNDS. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS TO PUBLIC ENTITIES IN GRANVILLE COUNTY.

Appropriates from the General Fund to the Department of Environmental Quality (DEQ) $600,000 in nonrecurring funds for the 2020-21 fiscal year to be allocated to the Division of Water Infrastructure to provide a grant to the South Granville Water and Sewer Authority for water and wastewater infrastructure projects.

Appropriates from the General Fund to the Department of Health and Human Services (DHHS) $400,000 in nonrecurring funds for the 2020-21 fiscal year to be allocated to the Division of Health Service Regulation to provide a grant to Granville Health, Inc. to support Granville EMS.

Transfers $21,537,538 in nonrecurring funds from the General Fund to the State Capital and Infrastructure Fund for the 2020-21 fiscal year. Appropriates the nonrecurring transferred funds to the Office of State Budget and Management in specified amounts to the local school administrative unit of Granville County and Vance-Granville Community College for new construction or rehabilitation of existing facilities and repairs and renovations. 

Effective July 1, 2020.

Intro. by Yarborough.APPROP, Granville
H 1195 (2019-2020) SALES TAX EXEMPTION/BANKRUPTCY PROCEEDINGS. Filed May 26 2020, AN ACT TO EXEMPT SALES OF ITEMS SOLD PURSUANT TO A RECEIVERSHIP PROCEEDING OR TO AN ORDER OF FEDERAL BANKRUPTCY COURT.

Amends GS 105-164.13 to exempt from retail sales and use tax the sale of items sold pursuant to (1) a receivership proceeding or (2) an order of the United States Bankruptcy Court. Applies to sales occurring on or after July 1, 2020.

Intro. by Zachary, Sasser.GS 105
H 1196 (2019-2020) FUNDS/COVID-19 TESTS &AMP PPE FOR CONGREGATE LVG. Filed May 26 2020, AN ACT REQUIRING MANDATORY WEEKLY TESTING OF STAFF IN CONGREGATE LIVING SETTINGS; AND APPROPRIATING CORONAVIRUS RELIEF FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PURCHASE COVID-19 DIAGNOSTIC TESTS AND PERSONAL PROTECTIVE EQUIPMENT FOR DISTRIBUTION TO CONGREGATE LIVING SETTINGS.

Requires owners, managers, operators and persons who otherwise control congregate living settings to require all staff working on the same premises as residents of the congregate living setting to undergo COVID-19 testing at least one a week. Defines congregate living setting to include nursing homes and other residential care facilities, other than correctional facilities, designated as such by the Division of Health Service Regulation (DHSR). Requires DHSR to enforce the requirements and distribute free sufficient tests and personal protective equipment, within available appropriations, to conduct weekly testing.

Directs the State Controller to transfer $12 million in nonrecurring funds from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4) for the 2019-20 fiscal year. Appropriated the nonrecurring transferred funds to the Office of State Budget and Management (OSBM) to be allocated to DHSR to purchase and distribute specified COVID-19 testing and personal protective equipment free of charge to each applicable congregate living setting. Provides for the funds to remain available until December 30, 2020.

Clarifies that the act does not bind the NCGA to appropriate funds for the act's purposes or entitle any congregate living setting or its staff to receive funds.

Directs DHSR to report to the specified NCGA committees by March 1, 2020, on the use of appropriated funds, including identification of recipient congregate living settings of tests and personal protective equipment.

Sunsets the above provisions on the date the Governor rescinds Executive Order No. 116.

Intro. by Richardson, Morey, Holley, Autry.APPROP
H 1197 (2019-2020) APPROPRIATE HAVA &AMP CARES FUNDS/2020 ELECTIONS. Filed May 26 2020, AN ACT TO APPROPRIATE HELP AMERICA VOTE ACT (HAVA) AND CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS TO THE STATE BOARD OF ELECTIONS FOR THE 2020 GENERAL ELECTION IN RESPONSE TO THE CORONAVIRUS PANDEMIC.

Appropriates $11,677,441 from the federal Help America Vote Act (HAVA) funds awarded by specified federal law, and $2,335,488 as the required match from the State General Fund to the specified budget code for the State Board of Elections (State Board) for the 2020-21 fiscal year. Restricts use of the funds to (1) enhancing and upgrading voting equipment and election auditing; (2) improving the voter registration system and management; (3) protecting against cyber vulnerabilities; (4) providing training and communication; and (5) assisting with providing personal protective equipment and hiring temporary staff to process an increase in absentee ballot demands. Requires reversion of any unspent federal HAVA funds to the specified budget code with any remaining State match funds reverting as specified under state law.

Appropriates $10,987,295 in federal CARES Act funds, and $2,120,497 as the required match from the State General Fund, to the specified budget code of the State Board for the 2020-21 fiscal year. Restricts use of the funds to (1) increasing the ability of voters to vote by mail or absentee ballot; (2) expanding early voting and online voter registration; and (3) improving safety of in-person voting by providing personal protective equipment and additional voting facilities and hiring additional poll workers. Requires compliance with the federal CARES Act.

Allows for funds provided under the act to be used for special elections or applied to ballot recounts.

Directs the State Board to report to the specified NCGA committee and division on the use of appropriated funds by February 28, 2021.

Applies to the 2020 federal election cycle.

Intro. by Morey, Alston, Butler, Insko.APPROP
H 1198 (2019-2020) PROHIBIT CONFUCIUS INSTITUTE/HIGHER ED. Filed May 26 2020, AN ACT TO PROHIBIT A CONSTITUENT INSTITUTION FROM HOSTING A CONFUCIUS INSTITUTE, TO PROHIBIT A PRIVATE INSTITUTION OF HIGHER EDUCATION THAT HOSTS A CONFUCIUS INSTITUTE FROM RECEIVING OR BENEFITING FROM STATE FUNDS, AND TO APPROPRIATE FUNDS TO CONSTITUENT INSTITUTIONS TO TRANSITION CURRICULUM.

Amends GS 116-11 to add to the duties of the UNC Board of Governors (BOG) to require adoption of a policy prohibiting any constituent institution from hosting a Confucius Institute, as defined by federal law, at the constituent institution as part of its course of study, cultural programming, or community outreach activities. 

Amends GS 116-283 to require the Education Assistance Authority (Authority) to adopt a rule that mandates the revocation of eligibility for otherwise eligible private postsecondary institution to use an awarded need-based scholarship for students if the institution hosts a Confucius Institute at the institution as part of its course of study, cultural programming, or community outreach activities. Requires eligible institutions to report to the Authority on whether or not it hosts a Confucius Institute prior to scholarship fund disbursement.

Prohibits any State agency responsible for the allocation of funds to a private college or university from allocating State funds to an institution that hosts a Confucius Institute at the institution as part of its course of study, cultural programming, or community outreach activities, beginning with the 2020-21 fiscal year.

Appropriates $150,000 in nonrecurring funds from the General Fund to the BOG for the 2020-21 fiscal year to be allocated to constituent institutions transitioning from hosting a Confucius Institute to developing an alternative curriculum program from Chinese language instruction in compliance with the act.

Effective July 1, 2020, and applies beginning with the 2020-21 academic year.

Intro. by Saine, D. Hall, Hastings.APPROP, GS 116
H 1200 (2019-2020) FORECLOSURE PREV.GRANTS/RENTAL &AMP UTILITY ASST. Filed May 26 2020, AN ACT TO PROVIDE FUNDING TO THE NORTH CAROLINA HOUSING FINANCE AGENCY TO IMPLEMENT GRANT PROGRAMS TO ASSIST INDIVIDUALS FACING FORECLOSURE OR EVICTION AND NEEDING ASSISTANCE MAKING UTILITY PAYMENTS DUE TO FINANCIAL HARDSHIP RESULTING FROM THE COVID-19 PANDEMIC.

Part I

Directs the State Controller to transfer $200 million for the 2019-20 fiscal year from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4). 

Requires funds awarded under the act that are returned or repaid to the Housing Finance Agency (Agency) to be deposited to the fund from which it was disbursed to be used pursuant to the act and the federal CARES Act.

Require unspent funds to be carried forward and appropriated for the 2020-21 fiscal year pursuant to the act and the federal CARES Act.

Part II

Appropriates $100 million in nonrecurring funds from the Coronavirus Relief Reserve to the Home Protection Program Fund. Requires the Agency to use the appropriated funds consistent with the statutory requirements and limitations regarding the Home Protection Program (program) set forth in GS 122A-5.14 with modifications concerning participant eligibility, grants awarded, eligibility evaluation and assistance referrals. Establishes eligibility for individuals who are residential property owners in the State, are experiencing financial hardship or a job loss as a result of the COVID-19 pandemic and unable to make mortgage payments, has a household income of no more than 350% of the federal poverty level, and has requested relief from the mortgagee and has been denied. Provides for direct monthly grants to the eligible participant's mortgagee subject to seven restrictions, including limiting application to one household member, requiring the subject property to be the sole and primary residence of the eligible participant, and capping awards at $6,000 per eligible participant in the form of monthly direct payments to the mortgagee of no more than $1,000 for six months. Sets out repayment requirements when the property is sold for profit during a period 10 years from the last grant disbursement. Allows the Agency to use federally certified housing counselors to conduct intake and eligibility evaluation for the program and coordinate with the counselors to administer the grant disbursements and direct payments. Requires applicants to be provided with referrals to specified counseling and financial and foreclosure prevention assistance. Exempts the Agency from the rulemaking requirements of Article 2A, GS Chapter 150B.

Directs the Agency to report to the specified NCGA committee and division by January 1, 2021, as specified, including reporting on items including a list of mortgagees that denied a request for relief to an individual applying under the program.

Allows up to 10% of allocated funds to be used by the Agency for administration, staffing, and technical support to housing counseling agencies and nonprofits providing housing and counseling support in the State.

Requires $5 million of the allocated funds to be provided in the form of grants to federally certified housing counseling agencies in the State for administrative, staffing, and technology costs.

Requires $5 million of the allocated funds to be provided in the form of grants to nonprofits that provide legal assistance to homeowners facing foreclosure in the State.

Part III

Appropriates $100,000 in nonrecurring funds from the Coronavirus Relief Reserve to the Agency to establish and administer a rental assistance grant program (grant program). Establishes eligibility criteria for the grant program to require individuals to be a tenant of a residential property in the State, experiencing hardship or a job loss as a result of the COVID-19 pandemic and unable to make rental payments pursuant to the lease agreement, and whose household income is no more than 100% of the subject area median income during the preceding calendar year. Provides for the award of grants as direct payments to the eligible participant's landlord, with six requirements and limitations, including restricting application to one household member, requiring that the rental property must be the sole and primary residence of the eligible participant, and capping awards at $6,000 per eligible participant in the form of monthly direct payments which cannot exceed the lesser of 70% of the adjusted monthly gross household income of the eligible participant or $1,000, for no more than six months. Requires the Agency to provide grants to federally certified housing counseling agencies and State approved rehousing agencies to conduct intake and eligibility evaluations, coordinate grant administration and disbursement, and assess individuals' needs and provide referrals for financial assistance, legal services, or other housing stabilization services.

Allows up to 20% of the appropriated funds to be used by the Agency to develop and administer the a utility assistance grant fund (utility fund). Establishes utility fund eligibility to include individuals who are a tenant or owner of a residential property in the State, are experiencing hardship or a job loss as a result of the COVID-19 pandemic and unable to make utility payments, and whose household income is no more than 80% of the subject area median income during the preceding calendar year. Provides for utility fund awards in the form of direct payments to the utility providers, subject to six requirements and limitations, including restricting application to one household members, requiring the subject property to be the sole and primary residence of the eligible participant, and capping awards at $1,800 per eligible participant in the form of monthly direct utility payments up to $150 or $300 depending on household income.

Exempts the Agency from the rulemaking requirements of Article 2A of GS Chapter 150B for the adoption of procedures for the grant program and the utility fund.

Directs the Agency to report to the specified NCGA committee and division by January 1, 2021, as specified, including on a summary of applications, grants awarded and denied, and general demand of the grant program.

Intro. by Szoka, Saine, Baker, P. Jones.APPROP
H 1201 (2019-2020) LOCAL MEAT PROCESSORS GRANTS/MARKETING FUNDS. (NEW) Filed May 26 2020, AN ACT TO PROVIDE FUNDING FOR GRANTS TO SMALL AND INDEPENDENT MEAT PROCESSORS TO ALLEVIATE NEGATIVE FOOD SUPPLY CHAIN IMPACTS DUE TO THE COVID-19 PANDEMIC AND FOR TECHNOLOGY-BASED MARKETING TO RESPOND TO COVID-19 RELATED CHANGES IN CONSUMER PURCHASES OF FOOD AND TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE NORTH CAROLINA FARM ACT OF 2019-2020.

States legislative findings concerning the impact of the COVID-19 emergency on small livestock producers and independent meat processors.

Directs the State Controller to transfer $25 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4) for the 2019-20 fiscal year. Appropriates the transferred funds on a nonrecurring basis to the Department of Agriculture and Consumer Services (DACS) for the 2019-20 fiscal year. Provides for the funds to remain available until December 30, 2020.

Requires DACS to allocate the appropriated funds by providing grants to eligible meat processing facilities consistent with the identified US Department of Treasury guidance or subsequent congressional act. Requires DACS to develop policies and procedures for the disbursement of grants that includes four specified restrictions and requirements, including that grant eligibility be restricted to meat processing plants that contract with independent livestock producers to process animals owned by the producers, and the USDA contracts with DACS to conduct federal inspection activities authorized by federal law at the plant, or the plant is a State-inspected facility. Also provides for use restrictions, prioritization of projects with job creation, and setting grant maximums and matching requirements.

Directs DACS to report to the specified NCGA committee and division by October 1, 2020, on its distribution of funds, and by February 1, 2021, on the use of funds by recipients.

Provides for repayment of grant funding for fixtures or equipment purchased with the grant funds and disposed of, as defined, during a period of time DACS can specify following their placement in service. 

Provides for the repeal of the grant program provisions if an allocation made in this act is disallowed under federal law, and requires DACS to transfer the disallowed allocation as specified for ultimate transfer back to the Coronavirus Relief Reserve.

Intro. by Elmore, Howard.APPROP
H 1202 (2019-2020) NCGA TRANSPARENCY AND ACCESSIBILITY ACT. Filed May 26 2020, AN ACT TO CREATE THE NORTH CAROLINA GENERAL ASSEMBLY TECHNOLOGY TASK FORCE AND TO APPROPRIATE FUNDS TO IMPLEMENT CLOSED CAPTIONING FOR LEGISLATIVE PROCEEDINGS.

Sets out findings related to NCGA operations and public access.

Creates the 15 member North Carolina General Assembly Technology Task Force (Task Force) to investigate the current status of information technology operations at the NCGA to ensure that the NCGA runs seamlessly under normal and exceptional circumstances, and to ensure meaningful public participation for individuals with disabilities and those with limited connectivity. Sets out Task Force membership, including two members of the public who represent specified interests. Requires appointments to the Task Force to be made by August 1, 2020. Provides the process for naming chairs, filling vacancies, establishing a quorum and setting per diem, subsistence, and travel allowances. Provides for staffing. Requires the Task Force to study (1) how other states have implemented meaningful public participation for individuals with disabilities and those with limited connectivity; (2) technology to enable legislators and staff to work efficiently and effectively, whether on the legislative campus, teleworking, or a combination thereof; and (3) any other relevant issues. Requires the Task Force to develop a five-year plan for the installation, deployment, and testing of all recommended technology and report to the Legislative Services Commission before the convening of the 2021 General Assembly. Terminates the Task Force upon the earlier of of the filing of its report or January 1, 2021.

Appropriates $75,000 in nonrecurring funds for 2020-21 from the General Fund to the NCGA to plan and deploy a one-year trial of closed captioning of legislative proceedings.

Effective July 1, 2020.

Intro. by Ball, John, Lofton.APPROP, STUDY
H 1203 (2019-2020) ENSURE HEALTHY SCHOOLS/COVID-19. Filed May 26 2020, AN ACT TO REQUIRE AT LEAST ONE SCHOOL NURSE IN EVERY SCHOOL IN A LOCAL SCHOOL ADMINISTRATIVE UNIT BEGINNING IN THE 2020-2021 SCHOOL YEAR AND TO APPROPRIATE ADDITIONAL FUNDS TO MEET THAT REQUIREMENT.

Includes whereas clause. 

Amends GS 115C-47 by requiring local boards of education to ensure that each school is staffed by at least one full-time, permanent school nurse. 

Appropriates $102 million in recurring funds for 2020-21 from the General Fund to the Department of Public Instruction to increase the Instructional Support Allotment. Requires that these funds be used to increase positions for school nurses in order to provide at least one full-time, permanent school nurse for every school in the unit. States the NCGA's intent that the funds supplement and not supplant any funds already provided for school nurses.

The above provisions apply beginning with the 2020-21 school year.

Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Effective July 1, 2020.

Intro. by Ball, White, Adcock, Dobson.APPROP, GS 115C
H 1204 (2019-2020) FUNDS FOR STATEWIDE TELEPSYCHIATRY PROGRAM. Filed May 26 2020, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXPAND THE STATEWIDE TELEPSYCHIATRY PROGRAM (NC-STEP).

Appropriates $3,423,000 from the General Fund to the Department of Health and Human Services, Office of Rural Health to be allocated to the ECU Center for Telepsychiatry and e-Behavioral Health for the 2020-21 fiscal year, for the statewide telepsychiatry program, NC-STeP, establishing under specified state law. Requires $3,243,000 in recurring funds to be allocated equally among 12 new NC-STeP program sites, and $180,000 in recurring funds to be used for operational expenses. Effective July 1, 2020.

Intro. by P. Jones, Baker, Hanig.APPROP
H 1205 (2019-2020) EXPEDITED STATE LEASING-BROADBAND. Filed May 26 2020, AN ACT TO STREAMLINE THE PREPARATION AND FINALIZATION OF NEW LEASES AND LEASE RENEWALS ON STATE PROPERTY TO EXPEDITE DEPLOYMENT OF BROADBAND INFRASTRUCTURE.

Amends GS 146-29.2(b1), concerning leases or interest in real property of the State for the purposes of the construction and placement of broadband infrastructure. Adds new provisions regarding determinations for dispositions made under the subsection. Requires the Department of Administration (Department) to prepare and finalize a lease agreement within four months of receiving a new, initial request. For renewals, requires the Department to prepare and finalize the lease agreement within two months of receiving the request, and if the Department fails to do so, provides for the current lease to continue until the lease is finalized. Requires the Department to coordinate with the Department of Information Technology to develop a streamlined lease development process. Requires all State agencies including the UNC System Office to cooperate with and participate in the streamlined lease development process.

Makes conforming changes to GS 116-31.12.

Appropriates from the General Fund to the Department $250,000 in recurring funds for the 2020-21 fiscal year to contract personnel to administer the communication lease review process. Allows the Department to use up to $90,000 to retain a licensed real estate appraiser who holds a MAI designation, and up to $160,000 to retain a licensed attorney who holds a current certification in real property law.

Effective July 1, 2020, and expires on January 1, 2025.

Intro. by Arp, Saine.APPROP, GS 116, GS 146
H 1206 (2019-2020) STUDENT MENTAL HEALTH WELL-BEING/COVID-19. Filed May 26 2020, AN ACT TO FUND ADDITIONAL SCHOOL MENTAL HEALTH SUPPORT PERSONNEL IN RESPONSE TO ANTICIPATED GREATER NEED DUE TO IMPACTS FROM THE CORONAVIRUS DISEASE 2019.

Identical to S 844, filed 5/26/2020.

Includes whereas clauses. 

Appropriates $480 million in recurring funds for 2020-21 from the General Fund to the Department of Public Instruction to increase the Instructional Support Allotment. Requires that the funds be used to establish a tiered system of support for students by increasing positions for the following school mental health support personnel: (1) at least one school psychologist for every 700 students; (2) at least one school counselor for every 250 students; and (3) at least one school social worker for every 400 students. States the NCGA's intent that the funds supplement and not supplant any funds already provided for school psychologists, school counselors, and school social workers.

Reenacts and incorporates by the reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Effective July 1, 2020. 

Intro. by Ball, Carney, Batch.APPROP
H 1207 (2019-2020) SAVE OUR COURTS. Filed May 26 2020, AN ACT TO SAVE OUR COURTS BY APPROPRIATING FUNDS TO PROVIDE EMERGENCY ASSISTANCE TO THE NORTH CAROLINA COURT SYSTEM, BY TEMPORARILY REMOVING THE LIMITS ON ACTIVE EMERGENCY JUDGES, AND BY PROVIDING GREATER DISCRETION TO JUDICIAL OFFICIALS SETTING CONDITIONS OF PRETRIAL RELEASE.

Directs the State Controller to transfer $20 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4). Appropriates the transferred funds on a nonrecurring basis to the Administrative Office of the Courts (AOC) for the 2020-21 fiscal year as follows: $2.5 million for technological expenditures; $10 million for supply expenditures, including personal protective equipment and temporary rental facilities; and $7.5 million for personnel expenditures, including temporary staffing, overtime pay for courthouse staff, additional emergency judges, and existing temporary staff. Makes the general provisions set out in SL 2020-4 applicable to the appropriated funds. 

Eliminates the limit for the active lists for emergency superior, special superior, and district court judges. Requires judges to be added to or removed from either list based on the needs of the court system as determined by the NC Chief Justice. Sunsets the provision after 11:59 p.m. on June 30, 2021.

Amends GS 15A-534 regarding conditions for pretrial release. No longer requires a judicial official to require a defendant to execute a secured appearance bond when imposing house arrest with electronic monitoring as a condition of pretrial release. Additionally, for conditions imposed for a defendant who has failed to appear on at least one occasion to answer the charge(s) to which the conditions apply, requires the judicial official to impose restrictions on the travel, associations, conduct, or place of abode of the defendant, if no conditions were recommended in the order for arrest, rather than mandating that the judicial official require the execution of a secured appearance bond of at least $1,000.

Intro. by John, Brewer, Morey.APPROP, GS 15A
H 1208 (2019-2020) FUNDING FOR WORKFORCE HOUSING LOAN PROGRAM. Filed May 26 2020, AN ACT TO PROVIDE FUNDING FOR THE WORKFORCE HOUSING LOAN PROGRAM ADMINISTERED BY THE NORTH CAROLINA HOUSING FINANCE AGENCY.

Appropriate $20 million in nonrecurring funds for 2020-21 from the General Fund to the North Carolina Housing Trust Fund for the Workforce Housing Loan Program. Requires the funds to be fully allocated during the 2020 housing credit award cycle. Effective July 1, 2020.

Intro. by Lambeth.APPROP
H 1209 (2019-2020) PERMIT REQ'D/ASSAULT WEAPON &AMP LONG GUN. Filed May 26 2020, AN ACT TO REQUIRE A PERMIT FOR THE PURCHASE OF AN ASSAULT WEAPON OR LONG GUN.

Amends GS 14-402 to require a permit to purchase an assault weapon or long gun. Defines assault weapon to mean: (1) any selective-fire firearm capable of semiautomatic or burst fire at the option of the user; (2) 37 specified semiautomatic firearms; (3) 49 specified semiautomatic centerfire rifles, or copies or duplicates with the capabilities of the rifles; (4) 22 specified semiautomatic centerfire pistols, or copies or duplicates with the capabilities of the pistols; (5) all IZHMASH Saiga 12 shotguns or copies or duplicates with the capabilities of the shotguns; and (6) all semiautomatic firearms that meet any of the eight specified criteria. Defines long gun as a shotgun or rifle that is not considered an antique firearm or assault weapon.

Makes conforming changes to GS 14-403, GS 14-404, and GS 14-408.1.

Effective July 1, 2020, appropriates $10,000 in nonrecurring funds from the General Fund to the Department of Public Safety for the 2020-21 fiscal year to assist sheriffs in implementing this act.

The remainder of the act is effective December 1, 2020, and applies to the sale, giving away, transfer, purchase, or receiving of a pistol, assault weapon, or long gun on or after that date.

Intro. by Clark, Morey, Harrison.APPROP, GS 14
H 1210 (2019-2020) CARES ACT FUNDS FOR TROSA. Filed May 26 2020, AN ACT PROVIDING CORONAVIRUS RELIEF FUNDS TO TRIANGLE RESIDENTIAL OPTIONS FOR SUBSTANCE ABUSERS, INC.

Requires the State Controller to transfer $1 million in nonrecurring funds for 2019-20 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund, both established in SL 2020-4. Appropriates those funds from the Relief Fund to the Office of State Budget and Management, to be allocated to Triangle Residential Options for Substance Abusers, Inc. (TROSA), a nonprofit corporation, for: (1) offsetting increased operational expenses incurred for providing comprehensive residential substance use disorder treatment associated with the COVID-19 pandemic, for the period beginning March 1, 15 2020, and ending December 30, 2020, and (2) any other COVID-19 related losses or expenses incurred during that time period, as allowed under the CARES Act. Provides that these funds remain available to expend until December 30, 2020. Requires TROSA to report by March 1, 2021, to the specified NCGA committees on the use of the funds. 

Intro. by P. Jones, Baker, Dobson, Lambeth.APPROP
H 1212 (2019-2020) NC TEACHER SUPPORT PROGRAM FUNDS. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS TO SUPPORT TEACHERS PARTICIPATING IN THE NORTH CAROLINA NEW TEACHER SUPPORT PROGRAM.

Includes whereas clauses.

Appropriates $4 million in nonrecurring funds for 2020-21 from the General Fund to the UNC Board of Governors for the North Carolina New Teacher Support Program (NC NTSP) to enable approximately 1,700 of the traditional pathway NC educator preparation program (EPP) 2020 graduates who will begin their teaching career in North Carolina public schools in 2020 to participate in NC NTSP without cost to local school administrative units. 

Requires these funds to be used in programs designed to address the specific and various needs of traditional pathway NC EPP 2020 graduates through a blended model of support that includes: (1) participation in the 2020-21 e-Institute hosted by NC NTSP; (2) an assigned instructional coach familiar to the region and local school context ; and (3) access and participation in ongoing, career-embedded professional development.

Effective July 1, 2020.

Intro. by Ball, Horn, Clemmons, R. Smith.APPROP
H 1213 (2019-2020) DMV/WAIVE RD. TEST/PARENT/GUARD. LIABILITY. Filed May 26 2020, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE A DRIVERS LICENSE OR LIMITED PROVISIONAL LICENSE BEFORE THE APPLICANT PASSES A ROAD TEST UPON CONDITION PARENT OR GUARDIAN ACCEPTS FINANCIAL LIABILITY.

Requires the Division of Motor Vehicles (DMV) to waive the road test requirement for a regular drivers license or limited provisional license if: (1) the applicant meets all the other licensure requirements; and (2) a parent or guardian accepts financial liability for any and all of the applicant's driving actions.

Appropriates $1,000 in nonrecurring funds for 2019-20 from the Highway Fund to DMV to implement this act.

Expires September 30, 2020.

Intro. by Jarvis.APPROP, UNCODIFIED
H 1215 (2019-2020) CARES ACT FUNDS FOR LINCOLN COMM. HEALTH CTR. Filed May 26 2020, AN ACT PROVIDING CORONAVIRUS RELIEF FUNDS FOR LINCOLN COMMUNITY HEALTH CENTER, INC.

Requires the State Controller to transfer $2 million in nonrecurring funds for 2019-20 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund, both established SL 2020-4. Appropriates those funds from the Relief Fund to the Office of State Budget and Management to be allocated to Lincoln Community Health Center, Inc., a nonprofit corporation, for offsetting COVID-19 related losses and expenses incurred for the period beginning March 1, 2020, and ending December 30, 2020, as allowed under the CARES Act. Provides that the funds remain available to expend until December 30, 2020.

Requires by March 1, 2021, that the Lincoln Community Health Center, Inc., report to the specified NCGA committees on the use of funds appropriated under this act.

Intro. by Hawkins, Morey, Reives, Alston.APPROP
H 1216 (2019-2020) CARES ACT FUNDS FOR COMM. HEALTH COALITION. Filed May 26 2020, AN ACT PROVIDING CORONAVIRUS RELIEF FUNDS TO COMMUNITY HEALTH COALITION, INC.

Directs the State Controller to transfer $2 million in nonrecurring funds from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4) for the 2019-20 fiscal year. Appropriates the transferred funds to the Office of State Budget and Management (OSBM) to be allocated to Community Health Coalition to offset COVID-19 related losses and expenses incurred for the period beginning March 1, 2020, and ending December 30, 2020, as allowed under the federal CARES Act. Provides for the funds to remain available until December 30, 2020. Directs the Community Health Coalition to report to the specified NCGA committees on the use of the appropriated funds by March 1, 2021.

Intro. by Hawkins, Morey, Reives, Alston.APPROP
H 1217 (2019-2020) HBCU/HMSI FUNDS/DOCT. PROG./TEACHING FELLOWS. Filed May 26 2020, AN ACT TO ALLOCATE ADDITIONAL FUNDS TO CONSTITUENT INSTITUTIONS DESIGNATED AS HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO ADDRESS UNDERFUNDING AT THOSE INSTITUTIONS, TO ALLOCATE ADDITIONAL FUNDS TO NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY AND NORTH CAROLINA CENTRAL UNIVERSITY TO SUPPORT THEIR DOCTORAL PROGRAMS, AND TO ADD CERTAIN INSTITUTIONS TO THE TEACHING FELLOWS PROGRAM.

Identical to S 790, filed 5/14/20.

States NCGA findings and appropriates $20 million in additional recurring funds from the General Fund to the UNC Board of Governors to be allocated the following universities for 10 fiscal years, from 2020-21 until 2029-30: NC Central University, NC A&T State University, Fayetteville State University, Winston-Salem State University, and Elizabeth City State University. Allows the funds to be used for scholarships, faculty recruitment, course development, and general operational support. 

Appropriates $10 million in additional recurring funds for 2020-21 from the General Fund to the UNC Board of Governors to be allocated to NC A&T State University to support its doctoral programs. Requires the funds to be used to support new faculty and graduate student services for the doctoral programs, including the specified fields.

Appropriates $10 million in additional recurring funds for 2020-21 from the General Fund to the UNC Board of Governors to be allocated to NC Central University to support its doctoral programs. Requires the funds to be used to support new faculty and graduate student services for doctoral programs, including the specified fields.

Amends GS 116-209.62 by removing the cap (was, 5) on the number of institutions with which the NC Teaching Fellows Program is to be administered. Requires that at least the following be selected to participate in the Teaching Fellows Program: (1) one UNC constituent institution and one private postsecondary institution that are designated as Historically Black Colleges and Universities and (2) one women's college that primarily enrolls a female student population. Makes conforming changes. Applies beginning with the 2021-2022 academic year.

Effective July 1, 2020.

Intro. by Hawkins, R. Smith.GS 116
H 1218 (2019-2020) SALARY RELATED CONTRIBS./DEBT SERVICE FUNDS. (NEW) Filed May 26 2020, AN ACT TO MAKE ADJUSTMENTS TO THE STATE EMPLOYER SALARY-RELATED CONTRIBUTIONS AND APPROPRIATING FUNDS FOR THE STATE'S DEBT SERVICE OBLIGATIONS.

Appropriates $19,800,530 in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Safety (DPS) for the Voice Interoperability Plan for Emergency Responders (VIPER) network for continued base station upgrades. Effective July 1, 2020. 

Intro. by Faircloth.APPROP
H 1219 (2019-2020) COLLABORATORY FUNDS/COVID-19 ECONOMIC IMPACTS. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FROM THE CORONAVIRUS RELIEF FUND FOR THE NORTH CAROLINA POLICY COLLABORATORY TO CARRY OUT A STATEWIDE TESTING, TRACKING, AND TRACING INITIATIVE FOR COVID-19 RESEARCH AND BUSINESS REOPENING PURPOSES.

Directs the State Controller to transfer $10 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4) for the 2019-20 fiscal year. Appropriates the transferred funds to the Office of State Management and Budget (OSBM) on a nonrecurring basis for the 2019-20 fiscal year to be allocated to UNC-Chapel Hill for the NC Policy Collaboratory (Collaboratory) to implement a statewide COVID-19 testing, tracking and tracing initiative for the reopening of businesses and the protection of public health. Requires the funds to be used for: (1) creating an internet-based portal for NC-based businesses with an interest in using testing, tracking, and tracing incentives to sign up as participants in the program; (2) selecting a geographically balanced representation of businesses based on the economic tier of the county of operation and the State's economic opportunity zones; (3) selecting a diverse sampling of businesses based on their sector; (4) selecting technologies to be deployed in businesses to carry out an effective testing, tracking, and tracing program; (5) collecting, synthesizing, visualizing, and reporting data to show the efficacy of public health best practices in conjunction with businesses remaining open; and (6) any other research or activity related to monitoring, assessing, or addressing the public health and economic impacts of COVID-19.

Requires the Collaboratory to report to the specified NCGA committee on the progress of the use of appropriated funds received by September 1, 2020. 

Provides that the specified provisions of GS Chapter 143 and GS Chapter 116 do not apply to the purchase of apparatus, supplies, material, or equipment with any of the funds appropriated by the act.

Restricts use of appropriated funds to necessary eligible expenditures incurred during the period beginning March 1, 2020, and ending on December 30, 2020. Provides for the funds to remain available until December 30, 2020, or until the later of June 30, 2022, or a date authorized by a congressional act allowing for the use of federal CARES Act funds beyond December 30, 2020, if the CARES Act is amended.

Intro. by P. Jones.APPROP

The Daily Bulletin: 2020-05-26

PUBLIC/SENATE BILLS
S 476 (2019-2020) SCHOOL-BASED MENTAL HEALTH. (NEW) Filed Apr 2 2019, AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A SCHOOL-BASED MENTAL HEALTH POLICY AND TO REQUIRE K-12 SCHOOL UNITS TO ADOPT AND TO IMPLEMENT A SCHOOL-BASED MENTAL HEALTH PLAN THAT INCLUDES A MENTAL HEALTH TRAINING PROGRAM AND A SUICIDE RISK REFERRAL PROTOCOL.

Conference report makes the following changes to the 4th edition.

Eliminates the provisions of previous Parts I and II, regarding transitioning to a competency-based assessment and teaching model for all elementary and secondary students, and requiring the adoption of a dating violence and abuse policy for identified elementary and secondary schools.

Eliminates the proposed changes set out in previous Part II, amending Article 25A of GS Chapter 115C to require each public school unit to adopt and implement a suicide risk referral protocol for school personnel who work directly with students in grades K-12. Eliminates conforming changes to related statutes.

Instead, enacts new Article 25B, Mental Health Needs of Students, of GS Chapter 115C, which provides the following.

Requires the State Board of Education (State Board) to adopt a school-based mental health policy (policy) that includes minimum requirements for a school-based mental health plan for K-12 school units (plan), and a model mental health training program (program) and model suicide risk referral protocol (protocol) for K-12 school units. Requires the program to be provided to school personnel who work with students in grades K-12 at no cost and address youth mental health, suicide prevention, substance abuse, sexual abuse prevention, sex trafficking prevention, and teenage dating violence. Requires the protocol to be provided to school personnel who work with students in grades 6-12 and provide guidelines on the identification of students at risk of suicide and procedures and referral sources that address actions that should be taken to address identified students. Requires each K-12 school unit to adopt a plan that includes minimum requirements for a plan established by the State Board of Education (State Board) and a program and protocol consistent with the model programs developed by the State Board.

Requires initial mental health training of employees of at least six hours within the first six months of employment and subsequent mental health trainings of at least two hours annually every subsequent year thereafter. Provides for waiver of the initial training if completed at another K-12 school unit. Allows training to be met by e-delivery, videoconferencing, group in-person training, and self-study.

Requires the Superintendent of Public Instruction to review the School Board's minimum requirements for the plan, program, and protocol, and recommend needed changes, every five years beginning August 1, 2025. Requires the State Board to adopt the recommendation and publish updates to K-12 school units. Requires a school unit to update its plan in accordance with State Board updates.

Requires each K-12 school unit to annually report to DPI by September 15 on the content of its adopted plan and prior school year compliance with the statute. Authorizes DPI to audit school units to ensure compliance. Requires DPI to report the information it receives to the specified NCGA committees by December 15 each year.

Clarifies that the statute does not impose an additional duty on a K-12 school unit to provide mental health and suicide prevention services to students.

Provides for limited civil immunity for the governing boards of school units, their members, employees, designees, agents, and volunteers for any loss or damage caused by an act or omission relating to the provision of, participation in, or implementation of any component of a plan, program, or protocol required by the statute. Clarifies that the statute does not impose any specific duty or standard of care on a school unit.

Enacts GS 115C-75.9(n) (regarding innovative schools), GS 115C-218.75(h) (regarding charter schools), GS 115C-238.66(16) (regarding regional schools), GS 116-239.8(b)(18) (regarding laboratory schools), and Section 6(d)(16a) of SL 2018-32 (regarding renewal school systems) to require that each respective authority adopt and implement a plan, including a program and protocol, consistent with GS 115C-376.5, as enacted. 

Replaces the coordinating directive with the following. Directs the State Board of Education to adopt a plan, including a program and protocol, by December 1, 2020. Requires the school-based mental health policy to effectuate recommendations of the May 31, 2018, report of the Superintendent's Working Group on Student Health and Well-Being (Working Group) pursuant to SL 2017-57 to the extent they are consistent with the act and state law. Requires the program and protocol incorporated in the policy to meet the requirements developed by the Working Group in its October 15, 2018, report pursuant to SL 2018-32. Requires the Superintendent to ensure copies of the State Board's policy is made available to each K-12 school unit by December 31, 2020. Requires each school unit to adopt a plan that incorporates the State Board policy, including a program and protocol, by July 1, 2021.

Specifies that school personnel required to complete the training and employed in a K-12 school unit as of the date the act becomes law must complete their initial training by the end of the 2021-22 school year. 

Requires that the suicide risk referral protocols and mental health training programs be adopted and implemented by the public school units by July 1, 2021. Allows public school units to use the model suicide risk referral protocol and model mental health training program developed by the State Board of Education, modify the State Board of Education models, or develop their own models. 

Makes conforming changes to the act's titles.

Intro. by Horner, Tillman, Ballard.GS 115C, GS 116
S 717 (2019-2020) PED/MILITARY OCCUPATIONAL LICENSURE. Filed May 13 2020, AN ACT TO EXPEDITE OCCUPATIONAL LICENSURE FOR MILITARY SPOUSES, PUBLICIZE LICENSURE INFORMATION, AND REPORT DATA REGARDING APPLICANTS WHO ARE MILITARY SPOUSES AND APPLICANTS THAT HAVE MILITARY TRAINING, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

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

Amends GS 93B-15.1 regarding licensure for individuals with military training and experience or military spouses. Extends the applicability throughout the statute so that it also includes State agency licensing boards. Shortens the time period by which an occupational licensing board or state agency licensing board must either issue a license, certification, or registration, or notify a military-trained applicant when their military training or experience does not satisfy the necessary criteria, from 30 days to 7 business days after receiving an application. Also shortens the time by which the board must notify an applicant when the applicant has a pending complaint from 30 days to 7 business days following the board receiving written notice of the disposition of the pending complaint. Makes the same changes to the those time periods as they apply to military spouse applications. Requires the licensing board, within the required time frame, to either issue a license, certification, or registration or notify an applicant when an applicant's training or experience does not satisfy the necessary requirements and specify the criteria or requirements that the board determined the applicant failed to meet and the basis for that determination (previously did not refer to the issuance of a license, certification, or registration). Requires temporary practice permits to a military-trained applicant or military spouse meeting the specified requirements to be issued within 7 business days after receiving an application. Requires the practice permit to be issued using the same information provided by the applicant in the licensure application. Allows a temporary practice permit to be denied or revoked for a pending complaint after providing the required notice.

Amends GS 93B-2 to also require State agency licensing boards to file collected information with the Secretary of the Department of Military and Veterans Affairs annually. Also expands upon the information that must be included in each State agency licensing board's annual report to the Secretary of State, Attorney General, and specified NCGA committee, to now also include the number of applicants: (1) with military training, the number granted or denied a license, and a summary of the reasons for denial and (2) who are military spouses, the number granted or denied a license, and a summary of the reasons for denial. Prohibits this information from disclosing any identifying information of any applicant.  

Requires each State agency licensing board, by October 31, 2021, to include the data now specified in this act under GS 93B-2, for fiscal year 2019-20 in the required annual report.     

Intro. by Bryan, Wells, D. Davis.GS 93B
S 729 (2019-2020) GSC MODERNIZE PARTITION LAWS. Filed May 13 2020, AN ACT TO MODERNIZE THE STATUTES ON PARTITION OF PROPERTY AND TO MAKE TECHNICAL, CONFORMING, AND MODERNIZING AMENDMENTS TO THE ELECTIVE LIFE ESTATE STATUTE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Senate committee substitute to the 1st edition modifies the proposed language of GS 46A-55 to authorize the commissioners appointed to divide real property subject to a partition proceeding to more specifically employ a disinterested professional land surveyor (rather than a disinterested surveyor) to prepare a map of the real property.

Intro. by Edwards, Bryan, D. Davis.GS 1, GS 6, GS 11, GS 29, GS 31A, GS 39, GS 41, GS 46, GS 46A, GS 93A, GS 136
S 833 (2019-2020) DMV/MDFY REQ FOR DRIVING PERM/PROV LICENSE. Filed May 26 2020, AN ACT TO TEMPORARILY MODIFY THE REQUIREMENTS FOR ISSUANCE OF A LIMITED LEARNER'S PERMIT AND PROVISIONAL DRIVERS LICENSE.

Provides for the following, applicable to persons who turned 15 years old on or after March 1, 2020, and expiring June 30, 2021.

Makes the following modifications to the issuance of limited learner's permits and provisional drivers' licenses for persons under 18, notwithstanding the standards regulations set forth in GS 20-11. 

Restricts permittee or licensees to driving between the hours of 5:00 a.m. and 9:00 p.m. for the first three months after issuance, rather than the statutory standard of the first six months after issuance.

Regarding persons 16 to 18 years old who have an unrestricted out-of-state license, allows issuance of a full provisional license if the person has completed an approved drivers' education program, has held the license issued by the other state for at least six months (rather than the statutory standard of at least 12 months), and has no moving violation or seat belt infraction convictions during the preceding six months. Allows issuance of a limited provisional license if the person has completed an approved drivers education program but does not meet one of the other two criteria for full provisional license issuance. 

Regarding persons 16 to 18 years old who have a restricted out-of-state license, allows issuance of a limited provisional license if the person has completed an approved drivers' education program, has held the restricted license issued by the other state for at least six months (rather than the statutory standard of at least 12 months), and has no moving violation or seat belt infraction convictions during the preceding six months. Allows issuance of a limited learner's permit if the person has completed an approved drivers' education program but does not meet one or the other two criteria for limited provisional license issuance; allows a person qualifying under this provision to be deemed to have held a limited learner's permit in North Carolina for each month the restricted out-of state license was held if the person's parent or guardian certifies that the person has no moving violation convictions in the preceding six months.

Maintains all other statutory requirements of GS 20-11.

Appropriates from the Highway Fund to the Division of Motor Vehicles $5,000 in nonrecurring funds for the 2019-20 fiscal year to implement the act.

Intro. by Ford.APPROP, GS 20
S 834 (2019-2020) CLOSE THE MEDICAID COVERAGE GAP/FUNDS. Filed May 26 2020, AN ACT TO CLOSE THE MEDICAID COVERAGE GAP FOR FAMILIES AND INDIVIDUALS IN NORTH CAROLINA.

Section 1

Repeals Section 3 of SL 2013-5, which prohibited any State entity from expanding Medicaid eligibility as provided in PL 111-148 (the Affordable Care Act) and SL 2011-145.

Section 2

Enacts GS 108A-54.3B, providing criteria under which individuals are considered part of the Medicaid coverage gap and are eligible for Medicaid benefits through an Alternative Benefit Plan established by the Department of Health and Human Services (DHHS), unless the individual is exempt from mandatory enrollment in an Alternative Benefit Plan under 42 CFR 440.315. Eligibility is based on income, age, and ineligibility for enrollment in described Medicaid coverage. Mandates that co-payments for benefits provided under the Alternative Benefit Plan must be the same as those required for Medicaid beneficiaries not under the Alternative Benefit Plan.

Directs DHHS to provide coverage to individuals eligible under new GS 108A-54.3B, consistent with SL 2015-245, as amended (Medicaid Transformation and Reorganization).

The above provisions are effective on the date that capitated coverage begins as required under SL 2015-245, as amended. 

Section 3

Specifies the intent of the General Assembly to enact legislation during the 2020 Regular Session to replace the Hospital Provider Assessment Act (Article 7, GS Chapter 108A) with a similar hospital provider assessment that will impose an assessment to pay for the State share of the program and administrative costs associated with Medicaid expansion.

Section 4

Appropriates $100,000 in nonrecurring funds for 2020-21 from the General Fund to the DHHS, Division of Health Benefits for planning and preparation related to implementation of the Medicaid coverage in the act.

Intro. by Robinson, Foushee, Blue.APPROP, GS 108A
S 835 (2019-2020) UNC PAY/FIVE PERCENT INCREASE. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FOR THE 2020-2021 FISCAL YEAR TO AWARD A FIVE PERCENT LEGISLATIVELY MANDATED SALARY INCREASE TO EMPLOYEES OF THE UNIVERSITY OF NORTH CAROLINA.

Appropriates $158,917,475 in recurring funds for 2020-21 from the General Fund to the UNC Board of Governors for an across-the-board 5% salary increase for all UNC faculty and staff, effective July 1, 2020. Excludes from the salary increase persons separated from service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to June 30, 2020. Specifies that this act prevails if there is a conflict between the act and GS 143C-5-4. Effective July 1, 2020.

Intro. by Garrett, Peterson.APPROP
S 836 (2019-2020) STATE OPERATIONS/INCREASE FEDERAL FUNDS USE. Filed May 26 2020, AN ACT TO INCREASE THE AMOUNT OF CORONAVIRUS RELIEF FUNDS USED FOR THE CONTINUITY OF OPERATION NEEDS ACROSS STATE GOVERNMENT.

Amends SL 2020-4 (2020 COVID-19 Recovery Act) to increase the appropriated funds allocated to the Office of State Budget and Management (OSBM) from $70 million to $370 million to be used for eligible expenditures for the continuity of operation needs across State government. Makes conforming changes to the transfer and appropriation of funds provisions.

Directs OSBM to work with State agencies eligible to receive allocated funding for operation needs in SL 2020-4 to determine what expenditures can be offset with the funds received. Requires net General Fund appropriations saved to revert and remain unexpended until legislatively appropriated.

Intro. by Brown, Harrington, B. Jackson.APPROP
S 837 (2019-2020) PFAS CONTAMINATION MITIGATION MEASURES. Filed May 26 2020, AN ACT TO IMPLEMENT MEASURES TO PREVENT AND ADDRESS CONTAMINATION FROM THE DISCHARGE OF PFAS IN THE STATE IN ORDER TO PROTECT PUBLIC HEALTH.

Identical to H 1108, filed 5/14/20.

Part I

Expands the water pollution control measures set out in GS 143-215.1 as follows. Directs the Department of Environmental Quality (DEQ) to require applicants for a new or renewed individual National Pollutant Discharge Elimination System (NPDES) permit to disclose each pollutant in the person's discharge reasonably expected to be at or above the pollutant's practical quantitation limit (PQL), including concentration discharged and either the chemical abstracts service (CAS) number or a detailed characteristic description. Additionally, mandates that when any person is required to obtain a NPDES permit that receives waste from an industrial user: (1) the industrial user must disclose in the user's application for a new or renewed pretreatment permit each pollutant in the user's discharge that is at or above the pollutant's PQL and (2) must eliminate, either by the permittee or the industrial user, any perfluoroalkyl or its substances (PFAS) prior to discharge into State waters, as specified.

Part II

Directs DEQ to begin identifying technology-based limits for detectable PFAS, as defined, in new and renewed NPDES permits with treatment sufficient to reduce detectable PFAS in effluent to non-detect levels, as defined. Requires DEQ to begin this action by June 1, 2021.

Directs DEQ to study the presence of PFAS in land-applied biosolids, including identification of the most common PFAS, likely categories of sources, the propensity for migration off-site, and accumulation and persistence in soil and water downgradient from land application sites. Requires DEQ to report to the Environmental Management Commission (EMC) and the Environmental Review Commission (ERC) by September 1, 2021. Directs the EMC to adopt rules to prevent PFAS migration or accumulation off-site from land application sites if DEQ finds PFAS are likely to migrate and accumulate at detectable levels in soil and water that are downgradient from sites in its study.

Directs DEQ to study the presence of PFAS in leachate collected and disposed of from municipal solid waste landfills and construction and demolition debris landfills, including identification of the most common PFAS and the effectiveness of treatment technologies. Requires DEQ to report to the EMC and ERC by September 1, 2021. Directs the EMC to adopt rules to prohibit the disposal of leachate containing detectable PFAS, as defined, at wastewater treatment plants if DEQ finds practical removal from wastewater prior to discharge impracticable.

Requires DEQ to approve a US EPA-validated lab method by January 1, 2021, if the US EPA has not certified a lab method for the identification and measurement of PFAS in wastewater.

Part III

Appropriates $5 million in nonrecurring funds from the General Fund to DEQ for the 2020-21 fiscal year for the Bernard Allen Drinking Water Fund to fund drinking water treatment systems for covered wells, as defined.

Appropriates $5 million in recurring funds from the General Fund to DEQ to expand DEQ's ambient water quality monitoring activities to identify emerging and other pollutants in State waters at locations upstream from surface drinking water intakes.

Appropriates $1 million in nonrecurring funds from the General Fund to DEQ for the 2020-21 fiscal year to develop a strategy to address persistent toxic chemicals in the State's environment. Requires development of a PFAS Chemical Action Plan pursuant to criteria provided, and consultation with stakeholders with opportunities for public comment. Requires the Final PFAS Chemical Action Plan to identify recommendation for legislative and administrative action. Requires finalization of the Plan by January 1, 2022, with implementation by April 1, 2022.

Appropriates $1 million in nonrecurring funds from the General Fund to DEQ for the 2020-21 fiscal year to study PFAS destruction and disposal techniques to identify a safe (as defined), effective, and scalable technology, including an analysis of current technologies. Allows for coordination of research with other entities. Requires DEQ to report to the EMC and ERC by September 1, 2021.

Appropriates $80 million in nonrecurring funds from the General Fund to the State Water Infrastructure Authority for the 2020-21 fiscal year to issue matching grants to water systems to build or improve drinking water treatment systems to substantially reduce public exposure to detectable PFAS.

Directs the Attorney General to develop and maintain a record of cumulative expenses of State agencies and local governments relating to the grants for drinking water treatment systems for covered wells, the study of PFAS destruction and disposal techniques, and the grants to water systems to build or improve drinking water treatment systems to reduce public exposure of detectable PFAS, as required by the act.

Defines detectable PFAS for purposes of the appropriations provisions of the act.

Effective July 1, 2020.

Part IV

Contains a severability clause.

Intro. by Garrett, Peterson, Woodard.APPROP, STUDY, GS 143
S 838 (2019-2020) PFAS STUDIES. Filed May 26 2020, AN ACT TO DIRECT VARIOUS AGENCIES TO STUDY MATTERS ASSOCIATED WITH PFAS CONTAMINATION.

Identical to H 1110, filed 5/14/2020.

Part I

Directs the Department of Health and Human Services (DHHS) to implement a program to study the estimated human exposure to per- and poly-fluoroalkyl substances (PFAS) in the Cape Fear River Basin, and to conduct an epidemiological study of populations of the Cape Fear River Basin to identify disparities in disease prevalence that are consistent with long-term exposures to PFAS. Requires consultation with the Department of Environmental Quality (DEQ). Requires DHHS to report to the Environmental Review Commission (ERC) by December 31, 2021, with quarterly reporting to the ERC until a final report is issued, beginning January 1, 2021.

Part II

Directs the Wildlife Resources Commission (WRC) to study the estimated ecological exposures and impacts from PFAS contamination in the Cape Fear River Basin. Requires WRC to report to the ERC by December 31, 2021, with quarterly reporting to the ERC until a final report is issued, beginning January 1, 2021.

Part III

Directs the Office of State Budget and Management (OSBM) to study the estimated costs to the State, local governments, businesses, and individuals in response to human and ecological exposure to PFAS. Requires consultation with DEQ and the Attorney General to estimate costs attributable to each source of PFAS identified in the state. Requires OSBM report to the Environmental Review Commission (ERC) by December 31, 2021, with quarterly reporting to the ERC until a final report is issued, beginning January 1, 2021.

Part IV

Requires DEQ to create an inventory of ongoing discharges of PFAS to the air and surface waters and likely instances of soil and groundwater PFAS contamination, with specified information for each. Allows coordination with the NC PFAS Testing Network, organized by the NC Policy Collaboratory (Collaboratory), or any other entity. Requires DEQ to report to the ERC by September 1, 2021, with quarterly updates on new discharges thereafter.

Requires the DEQ Science Advisory Board to conduct a risk assessment of the risks to human health by PFAS exposure in various NC media, based on the best scientific available information, and report to the specified NCGA committee and the ERC by September 1, 2021.

Part V

Directs the Collaboratory to study the ongoing and anticipated future costs of the aggregate impact of the discharge, emission, and contamination of PFAS in North Carolina, as specified, and to report to the specified NCGA committees by September 1, 2021.

Part VI

Directs the ERC to study all statutory and regulatory requirements for disclosing the discharge or release of PFAS or other emerging contaminants to DEQ and the public, and report to the 2021 Regular Session of the NCGA.

Directs the ERC to study actions taken by other states to promote the practice of green chemistry to reduce the generation and use of hazardous chemicals and to drive sustainable alternatives to the use and manufacture of PFAS and other emerging contaminants. Requires the ERC to also study relevant tax incentives, regulatory changes and other approaches other states have adopted. Requires the ERC to report to the 2021 Regulation Session of the NCGA.

Part VII

Appropriates the following nonrecurring funds from the General Fund for the 2020-21 fiscal year for the act's implementation: $100,000 to DHHS; $100,000 to WRC; $100,000 to OSBM; $200,000 to DEQ; and $100,000 to the Collaboratory. Effective July 1, 2020.

Intro. by Garrett, Peterson, Woodard.APPROP, STUDY
S 839 (2019-2020) PPE &AMP HAZARD PAY FOR PUBLIC SCHOOL EMPLOYEES. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FOR PERSONAL PROTECTIVE EQUIPMENT AND HAZARD PAY FOR IDENTIFIED PUBLIC SCHOOL EMPLOYEES.

Appropriates $145 million for 2020-21 from the General Fund to the Department of Public Instruction to be allocated as follows: (1) $75 million in nonrecurring funds for surgical and respiratory masks and gloves, which meet the federal standards and guidelines from the Centers for Disease Control and Prevention, for all identified public school employees; and (2) $70 million in nonrecurring funds for a temporary salary supplement of $5 per hour for all identified public school employees. Defines identified public school employees as all employees of the public schools, including teachers, instructional support personnel, principals, assistant principals, and noncertified personnel, except for central office employees (as defined). Defines public schools as schools in local school administrative units, charter schools, regional schools, schools in the North Carolina Innovative School District, schools for students with visual and hearing impairments operated by the State Board of Education, and University of North Carolina laboratory schools.

Gives all identified public school employees whose salaries are supported from the State's General Fund a $5/hour salary supplement from July 1, 2020, to December 31, 2020. Specifies that this salary supplement is not compensation under Article 1 of GS Chapter 135, the Teachers' and State Employees' Retirement System. Expires December 31, 2020.

Reenacts and incorporates by the reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Effective July 1, 2020.

Intro. by Mohammed, Van Duyn, Peterson.APPROP
S 840 (2019-2020) ALLOW CLERKS TO HEAR TRAFFIC CASES VIRTUALLY. Filed May 26 2020, AN ACT TO TEMPORARILY ALLOW CLERKS OF COURT TO HEAR MINOR TRAFFIC OFFENSES BY VIRTUAL HEARING DUE TO THE CORONAVIRUS PANDEMIC.

Requires the Administrative Office of the Courts, in consultation with the North Carolina Conference of Clerks of Superior Court, to (1) identify traffic offenses over which clerks of superior court may be given authority to preside, (2) give clerks of superior court authority to hold in-person and remote hearings involving the identified traffic offenses, and (3) provide necessary technology to preside over remote proceedings in a manner that ensures the validity and integrity of the proceedings.

Appropriates $50,000 in nonrecurring funds for 2020-21 from the General Fund to the Administrative Office of the Courts to implement the requirements of this act.

Effective July 1, 2020, and expires March 1, 2021.

Intro. by Garrett, Robinson.APPROP, UNCODIFIED
S 841 (2019-2020) UNCG/JACKSON LIBRARY FUNDS. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FOR THE RENOVATION AND EXPANSION OF THE JACKSON LIBRARY AT THE UNIVERSITY OF NORTH CAROLINA AT GREENSBORO.

Transfers $10 million for 2020-21 from the General Fund to the State Capital and Infrastructure Fund (Fund). Appropriates $10 million for 2020-21 from the Fund to the Office of State Budget and Management for the renovation and expansion of Jackson Library at the University of North Carolina at Greensboro. Provides that this act controls if House Bill 966 (2019 Appropriations Act) becomes law and any provision of that act or a provision of the Committee Report conflicts with this act. Effective July 1, 2020.

Intro. by Garrett, Robinson.APPROP
S 842 (2019-2020) GRADUATING SR NUMERIC GRADE/APPROPRIATE FUNDS. Filed May 26 2020, AN ACT TO ALLOW GRADUATING SENIORS TO RECEIVE NUMERIC GRADES ON TRANSCRIPTS AND TO APPROPRIATE FUNDS ACCORDINGLY.

Gives a local board of education authority, in its discretion, for spring courses during the 2019-20 school year, to choose one of the following for how each course grade will appear on transcripts: (1) numeric grade, defined as the highest of the grade representing learning as of March 13, 2020, or the grade as improved during the remainder of the semester through remote instruction; or (2) Pass or Withdrawal, as appropriate.

Appropriates $10,000 in nonrecurring funds for 2019-21 from the General Fund to the Department of Public Instruction to implement the requirements of this act, including ensuring that the appropriate codes are available in PowerSchool for senior grade entry. 

Reenacts and incorporates by the reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Intro. by Johnson.APPROP, UNCODIFIED
S 843 (2019-2020) WAIVE ROAD TEST/DMV EXPAND OFFICE HOURS. Filed May 26 2020, AN ACT TO TEMPORARILY WAIVE THE ROAD TEST REQUIREMENT FOR LEVEL TWO LIMITED PROVISIONAL LICENSES AND APPROPRIATE FUNDS FOR THE DIVISION OF MOTOR VEHICLES TO IMPLEMENT A PILOT PROGRAM TO EXPAND OFFICE HOURS TO ACCOMMODATE BACKLOGS RESULTING FROM THE COVID-19 CRISIS.

Requires the Division of Motor Vehicles (DMV) to waive the requirement that an applicant pass a road test in order to obtain a Level 2 limited provisional license so long as applicant meets all other licensure requirements. Expires on the date the Division resumes administering road tests. Requires a Level 2 limited provisional license holder receiving a waiver, in addition to all other requirements for a Level 3 full provisional license, to pass a road test to obtain a Level 3 full provisional license. 

Appropriates $200,000 in nonrecurring funds for 2020-21 from the Highway Fund to the DMV to establish and implement a pilot program to increase the operating hours of targeted, high-volume DMV offices to accommodate increased demands following closures and delays due to the COVID-19 crisis. Effective July 1, 2020.

Intro. by Brown, McInnis, Perry.APPROP, UNCODIFIED
S 844 (2019-2020) STUDENT MENTAL HEALTH WELL-BEING/COVID-19. Filed May 26 2020, AN ACT TO FUND ADDITIONAL SCHOOL MENTAL HEALTH SUPPORT PERSONNEL IN RESPONSE TO ANTICIPATED GREATER NEED DUE TO IMPACTS FROM THE CORONAVIRUS DISEASE 2019.

Includes whereas clauses. 

Appropriates $480 million in recurring funds for 2020-21 from the General Fund to the Department of Public Instruction to increase the Instructional Support Allotment. Requires that the funds be used to establish a tiered system of support for students by increasing positions for the following school mental health support personnel: (1) at least one school psychologist for every 700 students; (2) at least one school counselor for every 250 students; and (3) at least one school social worker for every 400 students. States the NCGA's intent that the funds supplement and not supplant any funds already provided for school psychologists, school counselors, and school social workers.

Reenacts and incorporates by the reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Effective July 1, 2020.

Intro. by Chaudhuri, Smith.APPROP
S 845 (2019-2020) SUCCESSFUL TRANSITION/FOSTER CARE YOUTH. Filed May 26 2020, AN ACT TO APPROPRIATE FUNDS FOR THE FOSTER CARE TRANSITIONAL LIVING INITIATIVE FUND IN SUPPORT OF YOUTH TRANSITIONING FROM FOSTER CARE.

Appropriates $500,000 in nonrecurring funds for 2020-21 from the General Fund to the Department of Health and Human Services, Division of Social Services, for the continued implementation of the Foster Care Transitional Living Initiative Fund in support of youth transitioning from foster care. Effective July 1, 2020.

Intro. by Krawiec, Burgin.APPROP
S 846 (2019-2020) ENACT NATUROPATHIC DOCTORS LICENSURE ACT. Filed May 26 2020, AN ACT TO ESTABLISH LICENSURE AND EDUCATION STANDARDS FOR THE PRACTICE OF NATUROPATHIC MEDICINE.

Adds new Article 43, North Carolina Naturopathic Doctors Licensure Act, to GS Chapter 90. Prohibits a person from practicing as a naturopathic physician without a state license issued pursuant to the bill, with specified exemptions. Defines naturopathic medicine generally as a system of natural health care that employs diagnosis and treatment using natural therapies and diagnostic techniques. Sets out the techniques that may and may not be used by naturopathic physicians. Makes violations a Class 1 misdemeanor. Establishes the NC Naturopathic Doctors Licensing Board (Board), with seven members (three appointed by the Governor and two each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate, with each member having to come from specified groups) to be appointed by January 1, 2021. Prohibits members from serving more than two consecutive terms. Charges Board with administration of the licensing program. Sets out qualifications for licensure as a naturopathic physician, fees that may be charged by the Board, and the Board's disciplinary authority. Provides for civil liability of Board members in both personal and official capacities regarding licensure denial or revocation. Permits criminal record checks for licensees and persons seeking licenses. Creates a six-member Naturopathic Doctors Formulary Council to recommend to the Board, on an ongoing basis, a formulary for naturopathic doctors to use in practice.

Amends GS 90-18 by adding that the practice of naturopathic medicine by a licensed naturopathic doctor does not constitute the practice of medicine or surgery under GS Chapter 90, Article 1, Practice of Medicine.

Enacts new GS 143B-972 requiring the Department of Justice to provide the Board with the criminal history of license applicants; sets out the related process, confidentiality provisions, and allowable fees.

Authorizes the Board to adopt rules to implement the provisions of this act.

Applies to licenses granted on or after January 1, 2021.

Intro. by Krawiec, Burgin, Newton.GS 90, GS 143B
S 849 (2019-2020) NO BAN ON FNS BENEFITS/FELONY DRUG CONVICTION. Filed May 26 2020, AN ACT TO EXEMPT FROM FEDERAL RESTRICTIONS ON FOOD AND NUTRITION SERVICES BENEFITS INDIVIDUALS CONVICTED OF DRUG-RELATED FELONIES.

Amends GS 108A-25.2 to expand food and nutrition services program eligibility to include individuals convicted under federal or State law of any controlled substance felony offenses. Eliminates the current six month waiting periods and required treatment for individuals convicted of Class H or I controlled substance felony offenses to be eligible to participate in the food and nutrition services program.

Appropriates $100,000 in nonrecurring funds for 2020-21 from the General Fund to the Department of Health and Human Services, Division of Social Services, to notify the public of the changes made in this act.

Effective July 1, 2020.

Intro. by Peterson.APPROP, GS 108A
S 850 (2019-2020) ENSURE HEALTHY SCHOOLS/COVID-19. Filed May 26 2020, AN ACT TO REQUIRE AT LEAST ONE SCHOOL NURSE IN EVERY SCHOOL IN A LOCAL SCHOOL ADMINISTRATIVE UNIT BEGINNING IN THE 2020-2021 SCHOOL YEAR AND TO APPROPRIATE ADDITIONAL FUNDS TO MEET THAT REQUIREMENT.

Identical to H 1203, filed 5/26/20.

Includes whereas clause. 

Amends GS 115C-47 by requiring local boards of education to ensure that each school is staffed by at least one full-time, permanent school nurse. 

Appropriates $102 million in recurring funds for 2020-21 from the General Fund to the Department of Public Instruction to increase the Instructional Support Allotment. Requires that these funds be used to increase positions for school nurses in order to provide at least one full-time, permanent school nurse for every school in the unit. States the NCGA's intent that the funds supplement and not supplant any funds already provided for school nurses.

The above provisions apply beginning with the 2020-21 school year.

Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Effective July 1, 2020.

Intro. by Nickel, Mohammed, Peterson.APPROP, GS 115C
S 858 (2019-2020) EXPAND MIXED BEVERAGE SALE DURING PANDEMIC. Filed May 26 2020, AN ACT DIRECTING THE CHAIRMAN OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ALLOW CERTAIN SALES DURING THE CORONAVIRUS EMERGENCY.

Directs the Chairman of the ABC Commission (Chairman) to allow mixed beverage permittees to engage in retail sales for consumption off the premises, including delivery by the permittee, an employee of the permittee, or independent contractor. Makes coordinating authorizations concerning delivery service permittees. Directs the Chairman to set terms and conditions for the sales and deliveries and requires that products sold or delivered under the provision to be (1) packaged in a container with a secure lid or cap and in a manner designed to prevent consumption without removal, (2) sold only with food, and (3) limited to two servings per meal or food item ordered. Expires on the date that Executive Order 116, declaring a state of emergency to coordinate COVID-19 response, expires or is rescinded.

Appropriates $50,000 in nonrecurring funds from the General Fund to the ABC Commission for the 2019-20 fiscal year to cover the act's implementation.

 

Intro. by Garrett.APPROP

The Daily Bulletin: 2020-05-26

LOCAL/HOUSE BILLS
H 1157 (2019-2020) ABOLISH CORONER IN VARIOUS COUNTIES. (NEW) Filed May 19 2020, AN ACT ABOLISHING THE OFFICE OF CORONER IN AVERY, BLADEN, HOKE, AND MONTGOMERY COUNTIES.

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

Adds that the office of coroner is abolished and GS Chapter 152 (Coroners) not applicable in Avery, Bladen, Hoke, and Yadkin counties.

Allows any coroner elected in the 2018 or 2020 general election to serve the remainder of their term. Provide that if a vacancy occurs in the office of coroner, a person may be appointed to serve the remainder of the unexpired term.

Makes conforming changes to the act's titles.

Intro. by Brewer.Avery, Bladen, Hoke, Montgomery, Yadkin
H 1159 (2019-2020) ADD MEMBERS/JOHNSTON CNTY. AIRPORT AUTHORITY. Filed May 19 2020, AN ACT TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS TO THE JOHNSTON COUNTY AIRPORT AUTHORITY.

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

Adds that after the appointment of the two additional members to the Authority within 90 days of the date the act becomes law who are to serve staggered terms expiring April 30, 2022, and March 31, 2024, the terms are for four years.

Intro. by Strickland, Bell, White.Johnston
H 1199 (2019-2020) GRADUATING SR. NUMERIC GRADE. (NEW) Filed May 26 2020, AN ACT TO ALLOW GRADUATING SENIORS IN UNION COUNTY PUBLIC SCHOOLS TO RECEIVE NUMERIC GRADES ON TRANSCRIPTS.

Identical to S 842, filed 5/26/2020.

Gives a local board of education authority, in its discretion, for spring courses during the 2019-20 school year, to choose one of the following for how each course grade will appear on transcripts: (1) numeric grade, defined as the highest of the grade representing learning as of March 13, 2020, or the grade as improved during the remainder of the semester through remote instruction; or (2) Pass or Withdrawal, as appropriate.

Appropriates $10,000 in nonrecurring funds for 2019-21 from the General Fund to the Department of Public Instruction to implement the requirements of this act, including ensuring that the appropriate codes are available in PowerSchool for senior grade entry. 

Reenacts and incorporates by the reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to an agency covered by the act unless expressly repealed or amended. 

Deems the act to supersede any conflicting provision of HB 966 (2019 Appropriations Act) or the specified Committee Report.

Intro. by Arp, Horn, Brody.APPROP, UNCODIFIED

The Daily Bulletin: 2020-05-26

LOCAL/SENATE BILLS
S 47 (2019-2020) MORGANTON'S FIREMEN'S RELIEF FUND (NEW). Filed Feb 12 2019, AN ACT TO REPEAL THE MORGANTON FIREMEN'S SUPPLEMENTAL RETIREMENT SYSTEM AND TRANSFER ASSETS TO THE MORGANTON FIREMAN'S RELIEF FUND.

Senate committee substitute replaces the content of the 1st edition and now provides the following.

Repeals SL 1963-459, as amended, which establishes the Morganton Firemens' Supplemental Retirement System.

Dissolves the Firemens' Supplemental Retirement System of the City of Morganton and rescinds the City's authority to maintain and operate the System or any associated fund.

Maintains the existence and continued operation of the Fireman's Relief Fund of the City of Morganton. Transfers all assets of the Firemen's Supplemental Retirement Fund of the City of Morganton to the Fireman's Relief Fund of the City of Morganton, and allows all transferred assets to be used as required or allowed by the Relief Fund.

Changes the act's titles.

Intro. by Daniel.Burke
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: 2020-05-26

PUBLIC BILLS

H 85: EMISSIONS/LEE, ONSLOW, & ROCKINGHAM COUNTIES. (NEW)

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 05/27/2020

H 536: TEMP OUTDOOR RESTAURANTS FOR OUTDOOR SEATING (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 902: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 1079: VARIOUS SALES TAX CHANGES.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

H 1168: MURPHY BRANCH CORRIDOR REDUCTION.

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1174: BUSINESS CLOSURE COMPENSATION/CONST. AMD.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

H 1175: 2020 SAFE DRINKING WATER ACT.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1176: COVID-19/CREATE TEMP. JOBS STATEWIDE/FUNDS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1177: EXTEND CUMBERLAND COUNTY MEALS TAX.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 1178: BRAKE FOR OUR FUTURE ACT OF 2020.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 1179: FUNDS/OSC ACCOUNTING SYSTEM UPGRADE.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1180: SAM'S LAW.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1181: CERTAIN APPROPRIATIONS FOR EDUCATION/COVID.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1182: FUNDS FOR EDUCATIONAL ENTITIES/COVID.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1183: DMV/TITLE/REG./MODIFIED UTILITY VEHICLE.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

H 1184: ENSURE SAFER VOTING FOR 2020 ELECTIONS.

    House: Filed
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1185: 2020 OMNIBUS APPROPRIATIONS ACT.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1186: 2020 OMNIBUS APPROPRIATIONS ACT.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1187: RAISE THE AGE FUNDING. (NEW)

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House
    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1188: TANF BENEFIT INCREASE/COVID-19.

    House: Filed
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1189: DRIVER EDUCATION COVID-19 RESPONSE.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1190: UNC-TV/AT-HOME LEARNING INITIATIVE.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1191: ECU BRODY SCHOOL OF MEDICINE FUNDS.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1192: STUDENT HEALTH COLLABORATIVE PILOT.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1193: PERSON COUNTY FUNDS.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1194: GRANVILLE COUNTY FUNDS.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1195: SALES TAX EXEMPTION/BANKRUPTCY PROCEEDINGS.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

H 1196: FUNDS/COVID-19 TESTS &AMP PPE FOR CONGREGATE LVG.

    House: Filed
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1197: APPROPRIATE HAVA &AMP CARES FUNDS/2020 ELECTIONS.

    House: Filed

H 1198: PROHIBIT CONFUCIUS INSTITUTE/HIGHER ED.

    House: Filed

H 1200: FORECLOSURE PREV.GRANTS/RENTAL &AMP UTILITY ASST.

    House: Filed

H 1201: LOCAL MEAT PROCESSORS GRANTS/MARKETING FUNDS. (NEW)

    House: Filed
    House: Filed

H 1202: NCGA TRANSPARENCY AND ACCESSIBILITY ACT.

    House: Filed

H 1203: ENSURE HEALTHY SCHOOLS/COVID-19.

    House: Filed

H 1204: FUNDS FOR STATEWIDE TELEPSYCHIATRY PROGRAM.

    House: Filed

H 1205: EXPEDITED STATE LEASING-BROADBAND.

    House: Filed

H 1206: STUDENT MENTAL HEALTH WELL-BEING/COVID-19.

    House: Filed

H 1207: SAVE OUR COURTS.

    House: Filed

H 1208: FUNDING FOR WORKFORCE HOUSING LOAN PROGRAM.

    House: Filed

H 1209: PERMIT REQ'D/ASSAULT WEAPON &AMP LONG GUN.

    House: Filed

H 1210: CARES ACT FUNDS FOR TROSA.

    House: Filed

H 1211: TAX BENEFITS FOR PPP LOAN - IRC UPDATE.

    House: Filed

H 1212: NC TEACHER SUPPORT PROGRAM FUNDS.

    House: Filed

H 1213: DMV/WAIVE RD. TEST/PARENT/GUARD. LIABILITY.

    House: Filed

H 1214: DEPARTMENT OF HEALTH AND HUMAN SVCS REVISIONS.-AB

    House: Filed

H 1215: CARES ACT FUNDS FOR LINCOLN COMM. HEALTH CTR.

    House: Filed

H 1216: CARES ACT FUNDS FOR COMM. HEALTH COALITION.

    House: Filed

H 1217: HBCU/HMSI FUNDS/DOCT. PROG./TEACHING FELLOWS.

    House: Filed

H 1218: SALARY RELATED CONTRIBS./DEBT SERVICE FUNDS. (NEW)

    House: Filed
    House: Filed

H 1219: COLLABORATORY FUNDS/COVID-19 ECONOMIC IMPACTS.

    House: Filed

H 1220: FUND DV PREVENTION PILOT PROGRAM.

    House: Filed

H 1221: FUNDS FOR NCCU PROGRAMS.

    House: Filed

H 1222: VARIOUS STATE CAPITAL APPROPRIATIONS.

    House: Filed

H 1223: ADDITIONAL FUNDS FOR EC/COVID-19.

    House: Filed

H 1224: PANDEMIC EMERGENCY ASST.: RESTAURANTS/LODGING.

    House: Filed

H 1225: EDUCATION & TRANSPORTATION BOND ACT OF 2020.

    House: Filed

H 1226: RECODIFICATION OF CRIMINAL LAWS.

    House: Filed

H 1227: ENSURE AWARENESS OF ASSISTANCE PROGRAMS/COVID.

    House: Filed

S 476: SCHOOL-BASED MENTAL HEALTH. (NEW)

    Senate: Conf Com Reported
    Senate: Placed On Cal For 05/27/2020
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Education/Higher Education
    House: Conf Com Reported
    House: Cal Pursuant Rule 44(d)
    House: Placed On Cal For 05/27/2020
    Senate: Conf Com Reported
    Senate: Placed On Cal For 05/27/2020
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Education/Higher Education
    House: Conf Com Reported
    House: Cal Pursuant Rule 44(d)
    House: Placed On Cal For 05/27/2020

S 717: PED/MILITARY OCCUPATIONAL LICENSURE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 719: RETIREMENT TECH./PROTECT./& OTHER CHANGES. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav

S 720: GSC CONFORMING AMENDS./2019 LAND-USE CHANGES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 729: GSC MODERNIZE PARTITION LAWS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 733: UNC CAPITAL PROJECTS. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 2nd Reading

Actions on Bills: 2020-05-26

LOCAL BILLS

H 1062: BEAUFORT COUNTY/ANIMAL SERVICES RECORDS.

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1151: ASHEVILLE-BUNCOMBE BD. OF TRUSTEES.

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1153: IREDELL-STATESVILLE BD. OF ED/ELECTION METHOD.

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1154: GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY.

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1157: ABOLISH CORONER IN VARIOUS COUNTIES. (NEW)

    House: Reptd Fav Com Substitute
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1159: ADD MEMBERS/JOHNSTON CNTY. AIRPORT AUTHORITY.

    House: Reptd Fav Com Substitute
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/27/2020

H 1199: GRADUATING SR. NUMERIC GRADE. (NEW)

    House: Filed
    House: Filed

S 47: MORGANTON'S FIREMEN'S RELIEF FUND (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

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