House committee substitute makes the following changes to the 1st edition.
Section 1
Makes a technical change regarding the container-return envelopes for absentee ballots for the 2020 general election to include space for the one witness's signature (was, signatures).
Concerning the authorization for the appointment of registered voters from other precincts in the same county to fill the other two chief judge or judge positions in the precinct who are not required to meet the precinct residency requirement for the 2020 general election, clarifies that the appointees must meet all other qualifications to be a chief judge or judge other than residency.
Adds additional authorization to allow a multipartisan team member trained and authorized by the county board pursuant to state law to serve as a witness for the casting of absentee ballots.
Section 2
Amends the directive of the Department of Health and Human Service (DHHS) and the State Board of Elections (State Board) to more specifically direct the entities to jointly develop a program to safely allow multipartisan teams to assist registered voters within hospital, clinic, nursing homes, assisted living or other congregate living situations in the 2020 elections during the COVID-19 pandemic in accordance with state law (previously, required the entities to develop how to safely allow trained and authorized multipartisan team members to access hospitals, clinics, nursing homes, and rest homes under quarantine to assist voters in requesting, voting, and returning absentee ballots). Defines multipartisan teams. Maintains the previously specified reporting requirements with a deadline of August 1, 2020.
Enacts GS 163-226.3 to specify that a multipartisan team consists of at least two registered voters of the county with the two political parties with the highest number of affiliated voters required to be represented, and unaffiliated voters or voters affiliated with other recognized parties permitted to be team members if the team has more than two members, or if the county board of elections unanimously votes to appoint an unaffiliated team member due to an insufficient number of voters available to meet the standard two party representation requirement.
Section 5
Amends the proposed changes to GS 163-230.2, as amended, to allow voters to call the State Board, in addition to a county board office, and request that the blank absentee ballot request form be sent to the voter by mail, e-mail, or fax.
Section 8
Makes a clarifying change to proposed GS 163-237(d7), making it a Class I felony for any member (rather than person) serving on, or as an employee of, the State Board or a county board to knowingly send or deliver an absentee ballot to any person who has not requested it in accordance with state law.
Section 11
Makes changes throughout the Section to refer to "allocations" to county boards of elections rather than "grants." Makes conforming changes to reflect this terminology.
Regarding allocations for early one-stop voting expenses, specifies that the counties must adopt uniform early one-stop voting plans in accordance with GS 163-227.6 (previously, did not reference the governing statutory provisions).
Defines registered voter as the term is used in the Section, defining the term by referencing the meaning of a voter registered in accordance with Article 7A, GS Chapter 163 as of May 8, 2020.
Section 11.2
Adds a new directive requiring the State Board to report on any funds spent from the County Reimbursement Account, created by the act, in a confidential report to the specified NCGA committee chairs. Requires an initial report by August 15, 2020, and a follow up report by December 1, 2020. Specifies that the report is not public record.
Finally, adds to the NCGA committees the State Board is required to report to on the funds appropriated under Sections 11.1 through 11.3 to include the Joint Legislative Oversight Committee on General Government. Maintains the February 1, 2021, reporting deadline.
The Daily Bulletin: 2020-05-27
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The Daily Bulletin: 2020-05-27
House committee substitute makes the following changes to the 2nd edition.
Section 1
Makes technical changes to the provisions concerning the authorizations for multipartisan team members.
Section 8
Makes a clarifying change to the GS Chapter reference in proposed GS 163-237(d7).
Section 11.2
Limits the directive requiring the State Board of Elections to report on any funds spent from the County Reimbursement Account, created by the act, in a confidential report to the specified NCGA committee chairs, to limit the confidential report to expenditures for State Board security improvements.
Changes the act's short title.
Amends GS 105-228.90 to update the term Code as it applies to the general administration of taxation to mean the Internal Revenue Code as enacted as of May 1, 2020 (currently, January 1, 2019). Additionally, adds CARES Act to the defined terms, defined as P.L. 116-136, March 26, 2020. Authorizes the Revisor to make technical and conforming changes.
Amends GS 105-130.5 to expand the additions to federal taxable income that must be made in determining State corporate net income to include a taxpayer's interest expense deduction that exceeds the interest expense deduction allowed under the Code as of January 1, 2020, for the 2019 and 2020 taxable year (provides that the provision is meant to decouple from the modification of limitation on business interest allowed under the CARES Act). Further, expands the deductions to federal taxable income that must be made in determining State corporate net income to include the amount of any expense not deducted under the Code to the extent that payment of the expense results in forgiveness of a covered loan under the CARES Act and the associated income is excluded from gross income under the CARES Act.
Amends GS 105-153.5(a)(2)a., concerning charitable contributions, to provide for the term Code to mean the IRC as enacted as of January 1, 2020, for taxable year 2020, as it applies to the subsubdivision. Also, adds that for taxable years beginning on or January 1, 2021, a taxpayer can only carry forward the charitable contributions from taxable year 2020 that exceed the applicable percentage limitation for the 2020 taxable year allowed under the subsubdivision. Provides that the purpose of the new provisions is to decouple from the modification of limitations on charitable contributions during 2020 allowed under the federal CARES Act.
Amends GS 105-153.5(a)(2)b. to modify the allowable itemized deduction an individual may elect to deduct from their gross income for mortgage expense and property tax. Prohibits the amount allowed as a deduction for interest paid or accrued during the taxable year under the Code with respect to any qualified residence from including the amount for mortgage insurance premiums treated as qualified residence interest for taxable years 2014 through 2020 (currently limited to taxable year 2014, 2015, 2016, and 2017).
Similarly, amends GS 105-153.5(c2) to modify the required adjustments to an individual’s gross income, which are decoupled from federal requirements. Requires the taxpayer to add the amounts excluded from the taxpayer’s gross income for the discharge of qualified principal residence indebtedness and qualified tuition and related expenses under the Code for taxable years 2014 through 2020 (currently limited to taxable year 2014, 2015, 2016, and 2017).
Further amends GS 105-153.5(c2), adding 13 new decoupling provisions requiring taxpayers to make the specified additional adjustments to their adjusted gross income as specified for identified taxable years relating to deductible 2018, 2019 and 2020 net operating losses, excess business losses, excess net operating loss carryforward deductions, excess interest expense deductions, employer paid qualified education loans excluded from gross income, deductions of qualified charitable contributions, and forgiveness of covered debt on a covered loan.
| Intro. by Saine, Ross, Sauls, J. Johnson. | GS 105 |
Part I
Section 1.1
Amends GS 122C-3(12a) to define developmental disability to include a severe, chronic disability of a person that is attributable to a mental or physical impairment or combination of mental and physical impairments (rather than attributable to one or more impairments), among other existing criteria.
Section 1.2
Amends GS 122C-112.1(a)(34) to no longer require the Secretary of the Department of Health and Human Services (Secretary; DHHS) to adopt rules to implement a co-payment graduated schedule to be used by LMEs and by specified contractual provider agencies. Instead, requires the Secretary to adopt a co-payment schedule for behavioral health services, intellectual and developmental disabilities services, and substance abuse disorder services based on the Medicaid co-payments for the services, to be used by LMEs and the specified contractual provider agencies. Makes conforming changes.
Section 1.3
Amends GS 122C-23(f) to specify that an appeal of a good cause waiver of the implementing rules of Article 2, GS Chapter 122C, regarding licensure of facilities for the mentally ill, developmentally disabled, and substance abusers must be filed as a contested case under Article 3 of GS Chapter 150B, which governs administrative hearings.
Section 1.4
Amends GS 122C-263.1 to authorize the Secretary to certify a licensed clinical mental health counselor, rather than a licensed professional counsellor, to perform first examinations for involuntary commitment, subject to existing specifications. Makes conforming changes.
Section 1.5
Amends Section 3F.1 of SL 2020-3, which authorizes the use of telehealth to conduct first and second involuntary commitment examinations regarding substance abuse disorders. Expands the authorization to allow for the use of telehealth equipment and procedures to conduct the first examination of a respondent required by GS 122C-263(a) to determine whether the respondent will be involuntarily committed due to mental illness.
Section 1.6
Directs the Secretary to convene a work group to evaluate and make recommendations about updating the purpose, composition, powers, and duties of the Brain Injury Advisory Council, as specified. Provides for the composition of the work group and requires the work group to report to the specified NCGA committee by March 1, 2021.
Section 1.7
Amends GS 122C-112.1, as amended, to authorize the Secretary to adjust the base budget allocations relative to single stream funding for LME/MCOs, beginning with the 2020-21 fiscal year, so long as the Secretary reports the adjustment with support documentation to the specified NCGA committee and division within 10 business days. Effective July 1, 2020.
Section 1.8
Requires DHHS to ensure that LME/MCOs use out-of-network agreements with single providers of behavioral health or intellectual and developmental disability services to ensure access to care required by federal law, effective until tailored plan coverage under GS 108D-60 begins. Provides parameters for the out-of-network agreements.
Requires LME/MCOs to use out-of-network agreements when an enrollee is a foster child or independent foster care adolescent and receiving services from a provider that does not have a comprehensive provider contract the the LME/MCO. Bars LME/MCOs from capping the number of these agreements.
Requires LME/MCOs to use out-of-network agreements rather than a comprehensive provider contract when all of the four specified conditions are met, including that the services requested are medically necessary and cannot be provided by a provider in its closed network, and the behavioral health or developmental disabilities provider is serving no more than two enrollees of the LME/MCO.
Specifies that the provisions do not cap permitted out-of-network agreements an LME/MCO can have in place with a behavioral health or developmental disabilities provider.
Deems any provider enrolled in the NC Medicaid program that provides services under an out-of-network agreement is considered a network provider under GS Chapter 108D only as it relates to enrollee grievances and appeals for those services.
Part II
Section 2.1
Makes technical corrections to GS 130A-248, regarding the regulation of food and lodging establishments.
Section 2.2
Amends GS 130A-280, regarding the scope of the regulation of public swimming pools, to include spas operating for display at temporary events in the defined scope of regulation.
Section 2.3
Amends GS 130A-382, modifying and expanding qualifications for appointment as a county medical examiner to include: retired physicians previously licensed to practice in the State (previously not included); physician assistants, nurse practitioners, or nurses licensed to practice in the State (previously did not specify NC licensed); emergency medical technical paramedics credentialed under GS 131E-159 (previously did not specify NC credentialed); medicolegal death investigators certified by the American Board of Medicolegal Death Investigators (previously not included); pathologists' assistants (previously not included); and licensed dentists (previously not included. Maintains that preference be given to physicians licensed to practice medicine in the State.
Section 2.4
Further, amends GS 130A-382 to authorize the Chief Medical Examiner to appoint temporary county medical examiners, as defined, to serve for the duration of a state of emergency declared by the Governor, the NCGA, or the governing body of a county or municipality.
Section 2.5
Enacts GS 130A-386.5 to establish confidentiality for death investigation information and records provided to the Office of the Chief Medical Examiner (Office) or the Office's agents to the same extent of confidentiality the information and records had while in possession of the city, county, or other public entity which provided them. Deems the information and records not public records when provided to the Office unless they otherwise constitute public records while in the possession of the city, county, or other public entity.
Part III
Enacts GS 126-5(c16), establishing that the Council of State agencies, the Office of State Controller, DHHS, the Community College System Office, and the UNC System have sole authority and discretion over the following actions concerning their respective personnel: (1) classifying new positions or reclassifying vacant positions within the classification system adopted by the State Human Resources Commission or as prescribed by law, (2) making hiring decisions based on the flexibility provided by the subsection, and (3) determining the appropriate salary for their respective employees so long as funding is available within the budgeted salary appropriated to the agency and the salary remains in the salary range associated with the classification or as prescribed by law. Requires the human resources director for each State agency to ensure that each new hire employed pursuant to the classification and salary administration flexibility granted by the subsection meets the minimum qualifications for the position. Directs the Office of State Human Resources to provide assistance to agencies upon request. Effective July 1, 2020.
Part IV
Appropriates $17,696 in nonrecurring funds from the General Fund to DHHS to support the Council on Developmental Disabilities. Effective July 1, 2020.
Part V
Effective October 1, 2020, unless otherwise provided.
States legislative findings regarding the impact of the COVID-19 pandemic on domestic violence.
Directs the State Controller to transfer $100,000 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 to be used as a grant for Caitlyn's Courage, Inc. to conduct a pilot program in District Court District 3A, which consists of Pitt County. Makes the general provisions of SL 2020-4 apply to the appropriated funds. Restricts use of the funds to pilot program expenses only.
Details the four components of the pilot project, including: (1) allowing the use of GPS tracking devices as a condition of pretrial release for defendants of crimes related to stalking, sexual assault, domestic abuse, and violations of a domestic violence protective order (DVPO); (2) establish a local implementation team of specified officials and individuals involved in the court system; (3) operate a 24-hour monitoring system that contacts victims if an offender violates a relevant pretrial release condition or a DVPO; and (4) train all program participants regarding the GPS tracking devices used by the program.
Details seven specifications the electronic monitoring devices used by the program must employ, including the ability to record the offender's immediate location at all times and the ability to automatically notify the victim if an offender is within a restricted proximity to the victim pursuant to court order.
Directs Caitlyn's Courage, Inc. to report to the specified NCGA committees and division by April 1, 2022, on the pilot program, including specified content such as current and future estimated costs of the program's implementation. Requires consultation with District 3A and the ECU Department of Criminal Justice.
Effective July 1, 2020.
| Intro. by P. Jones. | APPROP |
Directs the State Controller to transfer $1.1 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 Office of State Budget and Management for the 2019-20 fiscal year. Requires allocation of the funds to NC Central University (NCCU) in the amounts of $1 million for the expansion of online learning capacity for students, and $100,000 to address food insecurity and basic needs of students impacted by COVID-19. Directs NCCU to report to the specified NCGA committee by September 30, 2020, on the use of appropriated funds. Restricts use of funds to necessary eligible expenditures incurred during the period beginning March 1, 2020, and ending December 30, 2020. Provides for the funds to remain available until December 30, 2020.
Appropriates $6 million in recurring funds from the General Fund to the UNC Board of Governors (BOG) for the 2020-21 fiscal year. Requires allocation of the funds to NCCU in the amounts of $3 million for operational support of the Biomanufacturing Research Institute and Technology Enterprise, and $3 million for operation and repair expenses of the Julius L. Chambers Biomedical Biotechnology Research Institute. Effective July 1, 2020.
| Intro. by Hawkins, Alston. | APPROP |
Transfers $62.5 million in nonrecurring funds from the General Fund to the State Capital and Infrastructure Fund for the 2020-21 fiscal year, and appropriates the transferred funds to the Office of State Budget and Management for the 2020-21 fiscal year. Provides for newly assigned budget codes and requires allocation of the appropriated funds for the following projects: DHHS/Dix Campus Relocation ($17 million); Western Carolina University-Stem Plant Project ($16.5 million); East Carolina University-Brody School of Medicine ($15 million); and NC State University-S.T.E.M. Building ($14 million). Also sets out the total project authorization for each of those projects. Requires NC State to commit to match the $80 million in total project authorization on or before June 30, 2022. Conditions allocations, including future allocations, to the ECU project upon the existence of and compliance with an affiliation agreement between UNC or ECU and the primary affiliated teaching hospital for the ECU 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 UNC Board of Governors. Permits allocated funds to be used for planning purposes of the specific project.
Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.
Provides for the validity of 2019 legislation appropriating funds to an entity covered by the act unless expressly repealed or amended.
Effective July 1, 2020.
| Intro. by Arp, Saine, Lambeth, Hastings. | APPROP |
Increases the required allocation of funds appropriated to the Office of State Budget and Management for the 2019-20 fiscal year in SL 2020-4 (2020 COVID-19 Recovery Act) from $15 million to $17.9 million to the Department of Public Instruction for the award of grants to public school units to support extraordinary costs associated with providing Extended School Year Services and future services for qualifying exceptional children impacted by COVID-19, upon application. Makes conforming changes to increase the funds transferred and appropriated in SL 2020-4.
| Intro. by Ball, Insko, Everitt. | APPROP |
Directs the State Controller to transfer $125 million for 2019-20 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund. Appropriates $125 million in nonrecurring funds for 2019-20 from the Coronavirus Relief Fund to the Office of State Budget and Management (OSBM) to be used as provided in this act. Specifies that the funds remain available to expend as provided in the act instead of reverting at the end of the 2019-20 fiscal year.
Allocates $50 million to one or more community development financial institutions (CDFI) selected by the Director of the Budget for the purpose of making loans to assist qualifying businesses with business needs during periods of economic hardship occasioned by the COVID-19 pandemic. Defines a qualifying business as a restaurant or similar establishment in North Carolina, (1) with the primary purpose of preparing and serving food subject to the taxes imposed by Article 5 of this Chapter (appears to intend GS Chapter 105) and (2) capable of showing economic losses in gross revenue of greater than 50% as a result of the State of Emergency (defined as Executive Order No. 116 and any amendments issued by executive order). Excludes restaurants with more than 25 locations.
Sets out requirements for the loan program, including the following. Requires prioritizing loans on the following bases: (1) the establishment is independently owned and (2) the degree to which the establishment is capable of showing greater economic losses as a result of the State of Emergency. Requires the program to be operated in two phases: in the eight-week phase one, loans may be awarded only to qualifying businesses with franchises or restaurants with fewer than five locations and with cumulative gross receipts from business activities for the taxable year of less than $10 million; in phase two, loans may also be awarded to qualifying businesses not meeting the eligibility requirement of phase one. Limits loan amounts to $50,000 per qualifying business, sets the loan interest rate at 3.5%, and prohibits the term of the loan from exceeding 120 months. Sets out conditions under which a part of the loan is to be forgiven, including when a portion of the loan is used to purchase specified products from a North Carolina small farm. Requires qualifying small businesses to certify that: (1) it will use a loan for employee compensation, mortgage, rent, utilities, and other operating costs and expenses and (2) it has not and will not seek a duplication of benefits in the form of a loan for small business assistance authorized in SL 2020-4 and allocated to the Golden L.E.A.F. Inc. for business needs during periods of economic hardship occasioned by COVID-19. Requires working with specified entities to increase awareness of the program. Sets out requirements for the provisions to be included in the loan agreement, concerning how the loans are to be used, ensuring compliance, repayment of the loan, rejecting duplicate assistance, securing the loan, and providing for recapture of the loan. Ends the awarding of loans six months following the date that the State of Emergency ends.
Requires OSBM to report every six months on the specified information on the program to the specified NCGA committee and division. The reporting duty ends after the submission of the report following when OSBM has remitted the entirety of the net loan funds to the Coronavirus Relief Reserve. Requires that six months following the date the State of Emergency ends and every six months thereafter, that each CDFI remit the net loan funds that have been received to OSBM to be deposited into the Coronavirus Relief Reserve.
Requires that $75 million of the funds be allocated to one or more CDFI selected by the Director of the Budget to make loans to assist qualifying businesses with business needs during periods of economic hardship occasioned by the COVID-19 pandemic. Defines a qualifying business as a hotel, motel, or similar establishment located in this state with the primary purpose of providing temporary lodging at a per-night cost that is capable of showing economic losses in gross revenue of greater than 50% as a result of the State of Emergency (defined as Executive Order No. 116 and any amendments issued by executive order). Excludes vacation rentals by owner or other systems by which homeowners lease out space for short-term rentals using a facilitator.
Sets out requirements for the loan program, including the following. Requires prioritizing loans based on the degree to which the business is capable of showing greater economic losses as a result of the State of Emergency. Requires the program to be operated in two phases: in the eight-week phase one, loans may be awarded only to qualifying businesses with cumulative gross receipts of less than $10 million; in phase two, loans may also be awarded to qualifying businesses not meeting the eligibility requirement of phase one. Limits loan amounts to $50,000 per qualifying business, sets the loan interest rate at 3.5%, and prohibits the term of the loan from exceeding 120 months. Sets out conditions under which a part of the loan is to be forgiven. Requires qualifying businesses to certify that: (1) it will use a loan for employee compensation, mortgage, rent, utilities, and other operating costs and expenses and (2) it has not and will not seek a duplication of benefits in the form of a loan for small business assistance authorized in SL 2020-4 and allocated to the Golden L.E.A.F. Inc. for business needs during periods of economic hardship occasioned by COVID-19. Requires working with specified entities to increase awareness of the program. Sets out requirements for the provisions to be included in the loan agreement, concerning how the loans are to be used, ensuring compliance, repayment of the loan, rejecting duplicate assistance, securing the loan, and providing for recapture of the loan. Ends the awarding of loans six months following the date that the State of Emergency ends.
Requires OSBM to report every six months on the specified information on the program to the specified NCGA committee and division. The reporting duty ends after the submission of the report following when OSBM has remitted the entirety of the net loan funds to the Coronavirus Relief Reserve. Requires that six months following the date the State of Emergency ends and every six months thereafter, that each CDFI remit the net loan funds that have been received to OSBM to be deposited into the Coronavirus Relief Reserve.
| Intro. by K. Hall, B. Jones, Ross, B. Turner. | APPROP, UNCODIFIED |
Titles the act as the Education and Transportation Bond Act of 2020. State's the act's purpose is to provide for the issuance of $3.1 billion in general obligation bonds to provide funding for facilities of public schools ($800 million), community colleges ($200 million), and UNC ($600 million), as well as public transportation infrastructure projects ($1.5 billion). Sets forth defined terms.
Subject to voter approval at the statewide general election in 2020, authorizes the State Treasurer to issue and sell, either at one time or from time to time, general obligation bonds and notes up to $3.1 billion, subject to consent of the Council of State. States legislative intent for debt service on public improvement bonds authorized for transportation projects to be provided from amounts deposited in the Highway Trust Fund. Caps the principal amount of bonds or notes issued in any 12-month period at $591 million; excludes the issuance of a note or bond to pay an outstanding note.
Restricts use of the proceeds of the education and transportation bonds and notes to specified projects and amounts, with amounts totals of: $800 million for public school outlay projects and repairs or renovations, $600 million for the 11 specified UNC constituent institution projects, $200 million for community college capital outlay projects and repairs and renovations, and $1.5 billion for supplemental highway funding for construction and renovations. Details special allocation provisions applicable to the following uses of bond and note proceeds.
Concerning proceeds used for public school capital outlay projects, requires (1) determination of financed projects by the State Board of Education (State Board) upon county application; (2) allocations to be distributed to local school administrative units located entirely in one county, or in proportion to average daily membership if a units covers more than one county; and (3) except for low-wealth counties or adjustment factor designation allocations, local matching of proceeds at a $1 match for every $3 of proceeds for units in development tier one areas, $1 match for every $2 of proceeds for units in development tier two areas, and $1 match for every $1 of proceeds for units in development tier three areas, with periodic reports on matching to the State Board and annual reports on the impact of funds provided on the property tax rate, and provisions for reallocating unmatched funds. Additionally, encourages consideration by counties and local units of projects that primarily involve materially improving the energy efficiency of the school facility.
Concerning proceeds used for capital outlay projects for UNC institutions upon application to the Board of Governors, requires the proceeds to be used for new construction or rehabilitation of existing facilities and repairs and renovations only. Requires all such purchases and replacements to have a useful life of at least 10 years and any renovation must extend the useful life of the facility at least 10 years. Requires matching of proceeds for new construction projects only. Sets out factors the Board of Governors must consider in determining the allocation of proceeds, including the development tier area designation.
Concerning proceeds used for capital outlay projects for community colleges upon application by the community college to the Community College System Office (CC System Office), requires the proceeds to be used for upgrades to the enterprise resource planning information technology, new construction or rehabilitation of existing facilities, and repairs and renovations. Requires all such purchases and replacements to have a useful life of at least 10 years and any renovation must extend the useful life of the facility at least 10 years. Requires matching of proceeds for new construction projects only at $1 match for every $3 of proceeds for projects in development tier one areas, $1 match for every $2 of proceeds for projects in development tier two areas, and $1 match for every $1 of proceeds for projects in development tier three areas, with tier designation based on main campus location. Prohibits the use of prior expenditures for matching purposes. Sets out factors the CC System Office must consider in determining the allocation of proceeds, including the development factor ranking for development tier designation.
Concerning proceeds used for statewide supplemental highway funding for transportation, restricts use to highway projects that have an environmental impact statement completed prior to January 1, 2020, has a construction date projected by the Department of Transportation (DOT) to commence by January 1, 2022, and the project meets all of the requirements under the Strategic Prioritization Funding Plan for Transportation Investments of Article 14B, GS Chapter 136.
Details the allocation and accounting of education and transportation bond proceeds. Allows for investment by the State Treasurer and use of investment earnings as specified. Sets forth further parameters regarding use of proceeds with other available monies and disbursement. Requires the State Treasurer or a designee to set up a comprehensive system of tracking the proceeds to account for use and compliance. Allows the State Treasurer to withhold proceeds for not complying with tracking requirements.
Details the procedure and requirements for issuance of the education and transportation bonds and notes, including: required terms and conditions; required signatures, forms, and registration; the manner of sale and expenses; notes and repayment; refunding of bonds and notes; tax exemption; investment eligibility; faith and credit of the State pledged; and other agreements the State Treasurer can provide for bond insurance and other derivative products.
Provides for the variable rate demand authority of the State Treasurer of the bonds and notes and sets restrictions concerning the aggregate principal amounts payable by the State under a credit facility, as defined by the act.
Provides guidance for the act's interpretation, including that the act is meant to provide an additional or alternative financing method, statutory cross references may be amended, the act is to be construed broadly, the act supersedes other conflicting law; and the act's provisions are severable.
Charges each entity receiving the proceeds of the education and transportation bonds and notes with the administration, supervision and compliance in accordance with the act. Requires each local school administrative unit and county board of commissioners to jointly submit a plan for expenditure of the proceeds to the State Board of Education, who must ensure compliance with the act and make the proceeds available to the unit. Requires the receiving unit to quarterly report to the State Board, beginning January 1, 2022, on projects funded. Requires the State Board to combine the reports and submit the reports in the form specified to the specified NCGA committees. Establishes similar quarterly reporting requirements for recipient UNC constituent institutions and the BOG, and recipient community colleges and the CC System Office. Finally, establishes quarterly reporting requirements for DOT, beginning January 1, 2022, for projects funded by bond and note proceeds.
Provides for the Office of State Budget and Management to hold and administer portions of funds estimated to be needed for escalation of project costs. Requires OSBM to report on retained funds within 90 days of a project's completion.
Provides for the transfer of voters between precincts for the 2020 general election.
Requires any funds from the authorized bond expended for school technology for public schools to be reported to the State Board and credited against the specified NC Superior Court judgement.
| Intro. by Moore, Elmore, Torbett, Wray. | UNCODIFIED |
Identical to S 855, filed 5/26/20.
Creates the nine-member Bipartisan Legislative Working Group on Criminal Law Recodification (Working Group) to make recommendations to the 2021 General Assembly regarding a streamlined, comprehensive, orderly, and principled criminal code that includes all common law, statutory, regulatory, and ordinance crimes, and to oversee the work of the UNC School of Government's (SOG) Criminal Justice Innovation Lab (CJIL). Requires the Working Group to solicit feedback from the public as well as the Chief Justice of the Supreme Court, the Attorney General, the Conference of District Attorneys, Indigent Defense Services, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police.
Establishes Task Force membership requirements and requires that appointments be made no later than 30 days after the act becomes law. Requires the Working Group to meet at least monthly beginning no later than August 15, 2020. Sets out provisions on establishing a quorum, assigning staff. Terminates the Working Group on August 15, 2021.
Appropriates $338,771 in nonrecurring funds for 2020-21 from the General Fund to SOG to be allocated to the CJIL for the purposes of this act. Allows the funds to be used to hire temporary employees and to cover the costs associated with work done by the CJIL Director and a part-time project manager. Requires any other funds made available to CJIL to conduct the work of this act to be expended first and requires unencumbered and unexpended State funds to revert to the General Fund upon termination of the Working Group.
Requires CJIL to report to and take direction from the Working Group, with CJIL's work led by the Director and supported by the specified legal and non-legal staff. Requires the Director to report at least every two weeks to the Chair of the Working Group regarding the CJIL's progress. Requires the Working Group to establish general principles for the CJIL to follow to create a streamlined, comprehensive, orderly, and principled criminal code, with the principles providing for at least the eight listed elements, including applying consistent terminology across statutes and defining all terminology, specifying the required mental state or that an offense is a strict liability crime, eliminating redundant crimes and multiple punishments for the same conduct, and eliminating outdated laws.
Sets out the following required CJIL deliverables: (1) for common law crimes and crimes included in the NC General Statutes, create a database of all statutory and common law crimes, including specified information, and draft legislation amending, recodifiying, or proposing changes to the criminal statutes in a format consistent with the NCGA's drafting conventions; (2) for crimes created by local ordinances, create a database of ordinance offenses, including specified information; report to the Working Group on common ordinance crimes, including charging data and a range of policy options for addressing ordinance crimes consistent with the Working Group's goals; and draft legislation using a format consistent with the NCGA's drafting conventions; and (3) for crimes created by administrative boards and bodies, create a database of all crimes created by administrative boards and bodies that make it a crime to violate any regulation created by an administrative board or body, including specified information; report to the Working Group on policy options for addressing regulatory crimes consistent with the Working Group's goals; and draft legislation using a format consistent with the NCGA's drafting conventions.
Effective July 1, 2020.
Requires the State Controller to transfer $2 million for 2020-21 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4). Appropriates those funds to the Department of Health and Human Services (Department) for 2020-21 to ensure that children and families are connected to all federally funded public assistance programs for which they are eligible by funding: (1) data matching to identify, contact, and enroll children and families who are currently enrolled in one program who are eligible or newly eligible for multiple programs; (2) investment in technology and temporary staffing to support the work required in (1) and the work of enrolling families in urgent need of assistance due to the COVID-19 pandemic who have never interacted with the Division of Social Services; and (3) capacity for a public-focused awareness campaign to encourage enrollment in federally funded benefits programs for families who are newly eligible due to the COVID-19 pandemic, as well as guidance on how to enroll. Limits the use of funds to the purposes of the act and limitations in the CARES Act.
Requires the Department 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 March 1, 2020, and expires December 30, 2020.
| Intro. by Autry, Hawkins, Holley, Ager. | APPROP |
Enacts GS 143B-1374, creating the Satellite-Based Broadband Grant Fund (Fund) within the Department of Information Technology (DIT). Provides that funds in the Fund do not revert, and that appropriated funds to the Fund are considered an information technology project for specified state law purposes.
Provides for the DIT Secretary to prescribe and accept applications and sets forth grant application requirements. Directs DIT's Broadband Infrastructure Office (Office) to award grants to applicants that will provide access to the greatest number of unserved households, as defined to exclude households awarded a grant from the Growing Great Rural Economies with Access to Technology (GREAT) program. Grants highest priority to satellite-based providers proposing the provision of broadband service to the greatest number of unserved households situated in census tracts that have been identified as significantly unserved by the Office, even if the proposed area contains portions of households with broadband service. Defines broadband service to mean internet access service, regardless of the technology or medium used to provide the service, with transmission speeds that are equal to or great than the requirements for the minimum performance tier and with latency equal to or lesser than the requirements for low latency, as both metrics are provided in the identified FCC report, released February 7, 2020. Caps the aggregate amount of total liability for the grants awarded at $4 million, and the total annual liability for grants awarded in a single calendar year at $2.5 million. Provides a formula for grant amounts.
Restricts grant award eligibility to the household maintaining broadband service with the grantee for at least 85% of the year the grantee seeks the award. Caps the total grant award for a single household at $500. Requires grantees to annually submit documentation to the Office for verification of eligibility of subscriptions.
Requires the Office to enter into an agreement with each grantee that meets 17 specifications, including (1) the total number of unserved households the grantee anticipates subscribing to its broadband service, (2) a guarantee that the grantee will maintain its service to the area, or another Office approved area, for at least five years, and (3) a provision describing grant measurement and administration. Requires all agreements to be reviewed by the Attorney General. Requires the agreement to be personally signed by the Attorney General to be effective against the State. Deems the agreements binding upon the State and not subject to legislative appropriations of State funds.
Authorizes the Office to reduce the grant, amend agreement terms, or terminate the agreement if the grantee beaches the agreement. Mandates termination if the Office finds that the grantee manipulated or attempted to manipulate date to increase the amount of the grant, in addition to recapturing grant funds disbursed in the corresponding year.
Requires grantees to certify availability of the proposed minimum upstream and downstream broadband speeds throughout the project area during the term of the agreement prior to any end user connection. Conditions annual disbursement upon annual certification of compliance with the agreement. Requires Office access to evidence for compliance verification.
Provides for accounting and distribution of grant funds. States legislative intent to appropriate sufficient funds to the program to meet anticipated cash requirements each fiscal year.
Requires that grantees include the proposed advertised minimum download and maximum upload speeds and subscription cost in the application for a five-year agreement. Requires annual attestation to the availability of speeds specified, or faster speeds, in the agreement, and report and changes to data caps for the project that differ from the grant application.
Requires annual reporting by the grantee for the duration of the agreement. Specifies required content of the reports.
Establishes an annual reporting requirement for DIT to report to the specified NCGA committee and division, by September 1, with six required components regarding the program.
Appropriates $2.5 million in recurring funds from the General Fund to the Fund for the 2020-21 fiscal year. Effective July 1, 2020.
Requires the State Controller to transfer $2 million for 2019-20 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4). Appropriates those funds to the Department of Commerce, Division of Employment Security (DES), to contract with the Government Data Analytics Center (GDAC), to: (1) enhance existing unemployment insurance (UI) fraud and compliance alerting capability to prevent and detect cybersecurity attacks on DES information technology assets and resources during the pandemic; (2) provide DES with COVID-19 related program fraud detection analytics and information reporting; (3) provide pandemic UI assistance documentation analysis; and (4) to develop modeling for economic impact and recovery analysis. Limits the expenditure of these funds to as allowed under the CARES Act.
Allows the Department of Health and Human Services to seek a temporary waiver from the US Department of Agriculture (USDA) for federal time limits for able-bodied adults without dependents (ABAWD) participating in the Food and Nutrition Services Program in this State. Appropriates $25,000 for 2020-21 from the General Fund to the Department of Health and Human Services, Division of Social Services, to cover increased administrative costs for the Food and Nutrition Services Program. Effective July 1, 2020, and expires in one year.
| Intro. by Howard, Wray, Saine. | APPROP, UNCODIFIED |
The Daily Bulletin: 2020-05-27
Senate committee substitute makes the following changes to the 1st edition.
Modifies the proposed definition of personal delivery device (PDD) set out in GS 20-4.01 to define the term to mean an electronically powered device intended for transporting cargo (previously, for transporting cargo without regard to intent provided) that is equipped with automated driving technology that enables the operation of the device with or without the remote support and supervision of a human (previously, limited to remote support and supervision of a human). Also adds that the PDD cannot exceed a weight of 500 pounds, excluding cargo, a length of 40 inches, and a width of 30 inches.
Makes the following changes to proposed Article 10B, Personal Delivery Devices, of GS Chapter 20.
Authorizes a business entity to operate a PDD if the entity is authorized to conduct business in the State under specified GS Chapters (was, if registered with the Secretary of State). Makes conforming changes throughout to remove references to registration, including the annual registration and fee provisions. Expands the definition provided for business entity to include a limited liability company.
Concerning PDD operation, specifies that the requirement for the PDD to be monitored by a human that is an agent of the business entity, able to exercise remote control over navigation and operation of the PDD, requires that the business entity's agent be at least 16 years old and charged by the entity with the responsibility of monitoring and operating a PDD. Requires the PDD to be operated in a manner that complies with the Chapter's provisions applicable to bicycles when the device is operating on a highway or bicycle lane, in addition to those applicable to pedestrians when the device is operating in a pedestrian area. No longer qualifies the pedestrian provision compliance with exclusionary phrasing when the nature of the provisions cannot apply to the PDD. Changes the maximum speeds permitted for PDD operation from 12 to 10 mph in pedestrian areas, and from 20 to 35 mph on highways.
Eliminates the prohibition against local government regulation of the hours and areas of operation of a PDD inconsistent with the Article. Now allows local governments to reasonably regulate PDD operation on a highway or pedestrian area for reasons relating to public health, safety, or welfare, subject to an opportunity from business entities. Explicitly bars local governments' outright ban of PDD operation. Specifies that this provision does not affect law enforcement or local government authority to enforce State laws relating to PDD operation.
Adds that the immunity from liability does not apply in instances of gross negligence.
Eliminates the Article's enforcement provisions.
Amends GS 116-239.5 to extend the specific immunities provided for the State Board of Education, the Superintendent, local boards of education, local school administrative units, and their members and employees under GS Chapter 115C to the Board of Governor's (BOG) Subcommittee on Laboratory Schools (Subcommittee), chancellor, the constituent institution, an advisory board, and a laboratory school, and their members, employees, and agents. Limits immunity to exclude gross negligence, wanton conduct, or intentional wrongdoing. Deems the immunity waived to the extent of indemnification and to the extent sovereign immunity is waived under specified state law. Applies to an action or omission of an action occurring on or after the date the act becomes law.
Amends GS 116-239.7 regarding the selection and creation of laboratory schools. Modifies the provisions regarding renewal of the term of operation for laboratory schools. Now requires, rather than permits, the Subcommittee to renew the term of operation for an additional five-year period if the laboratory school is located in a local school administrative unit that meets the low-performing schools threshold, or has a waiver of the threshold requirement renewed. Additionally, now permits the Subcommittee to renew the term of operation for another five-year period for laboratory schools that are no longer located in a qualifying administrative unit or meeting the Article's purposes under a waiver at the end of five years if it finds the school is meeting its mission to improve student performance and provide valuable training to teachers and principals in the constituent's educator preparation program (previously, did not provide for renewal and required notice to the BOG at the end of the term to request designation of additional constituent institutions to establish laboratory schools). Adds authority for the Subcommittee to terminate laboratory school operation during the initial term or renewal period if it finds the school is failing to meet expected progress in meeting the mission required of the Article. Requires the Subcommittee to notify the BOG at the end of operation of a laboratory school and request designation of additional constituent institutions to establish a laboratory school. Makes further conforming changes.
Amends GS 116-239.8 to establish powers and responsibilities of the chancellor and local administrative unit relating to the operation and maintenance of laboratory schools. Regarding the responsibility to lease and maintain adequate facilities, authorizes the chancellor to execute lease agreements and memoranda of agreement for operation. Caps lease payments by the constituent institution at $1 and prohibits agreements from expanding costs borne by the constituent institution for operation of the laboratory school. Grants local units the option to purchase any technology upgrade provided by a constituent institution to a laboratory school upon its closure and requires the provision of technology support by the local unit related to the school's operation. Further, requires the provision of student support services, as described, by the local unit. Adds to the transportation responsibilities of the local unit to require the unit to provide transportation to students who reside in the unit and attend the laboratory school, including any students who are homeless and require assistance pursuant to federal law (currently, more broadly requires transportation to attending students, but does not specifically include homeless students). Adds that the transportation requirement applies regardless of where a student resides in the unit or how the unit's transportation policies and practices are applied to other students, and includes providing transportation of students and personnel to extracurricular activities and educational trips of the school in the same manner as other schools in the unit for that year. Adds to the food services responsibilities to specify that the unit is responsible for the cost of administration of the National School Lunch Program for the laboratory school. Applies to a memorandum of understanding entered into on or after the date the act becomes law and applies beginning with the 2021-22 school year and subsequently thereafter.
Amends GS 116-239.9 to expand the eligibility of laboratory admission to include children of a laboratory school employee if the child resides in the local school administrative unit in which the laboratory school is located. Additionally, adds new authority for laboratory schools to admit students who reside in the unit but do not meet eligibility requirements if the school has not reached enrollment capacity in a program, class, grade level, or building by March 1, prior to the start of the next school year, up to 20 percent of the respective capacity. Adds a new requirement for the laboratory school to make reasonable efforts to reflect the composition of the general population of students residing in the unit in which the school is located within one year of operation. Explicitly prohibits unlawful discrimination in making admissions determinations. Applies beginning with the 2020-21 school year.
Amends Section 11.6 of SL 2016-94, as amended, to require at least six, rather than nine, laboratory schools to be established and in operation by the beginning of the 2020-21 school year. Adds a new requirement for at least three additional laboratory schools to be established and in operation by the beginning of the 2022-23 school year.
Appropriates $895,000 in nonrecurring funds from the General Fund to the BOG to be allocated to constituent institutions operating laboratory schools during the 2020-21 school year, on a pro rata basis, to be used for the required operational and maintenance costs incurred by the laboratory schools. Effective July 1, 2020.
Enacts GS 105-122.2 to establish a tax credit for corporations, effective for taxable years beginning on or after January 1, 2020, and applicable to the calculation of franchise tax reported on 2019 and later corporate income tax returns. Limits credit eligibility to corporations which either (1) increases its total actual investment in tangible personal property in the State from the previous taxable year, or (2) retains employment for the taxable year at a level at least equal to 90% of the number of full-time employees employed on March 31, 2020, and the average wage paid is at least equal to 90% of the average wages paid to full-time employees employed on March 31, 2020, based on the unemployment tax filing for the quarter, excluding employee salaries in excess of $200,000, and wage of part-time employees. Bars holding companies from eligibility based upon investment in the State, but allows for eligibility of a holding company if the only asset is an investment in a wholly owned operating subsidiary in the State, or an investment in a wholly owned holding company in the State whose only asset is an investment in a wholly owned operating subsidiary in the State who meets the employment retention eligibility requirements of the statute. Provides for credit application and requires application by October 15. Caps the credit amount for taxable years 2020 and 2021 at $50 million each. Prohibits the credit amount from exceeding the tax imposed, but allows for proportional allocation of the credit. Bars credit carry forward. Bars adjustments to account for credits. Requires refund of the credit amount by the last day of the calendar year. Repeals the credit for taxable years beginning on or after January 1, 2022.
Directs the State Controller to transfer $100 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4). Appropriates the $50 million of the transferred funds to the General Fund for each of the 2020-21 and 2021-22 fiscal years to provide the tax relief authorized. Requires expenditures to be consistent with the federal CARES Act.
Directs the State Controller to transfer $50 million from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4). Appropriates the transferred funds to the Department of Commerce for the 2020-21 fiscal year to provide grants to businesses to be used for purposes for authorized for a One North Carolina Fund grant as specified under state law governing that Fund. Restricts grant eligibility to businesses who are current recipients of a Job Development Investment Grant or a Job Maintenance and Capital Development grant. Otherwise, requires businesses to apply to the Secretary of Commerce. Provides for the grant terms to be similar to those under specified state law regarding such grants and community development agreements. Requires expenditures to be consistent with the federal CARES Act.
Amends GS 135-5, GS 128-27, GS 135-65, and GS 120-4.22A to grant a one-time $500 cost-of-living supplement payment for retirees of the Teachers' and State Employees' Retirement System (TSERS), the Local Governmental Employees' Retirement System (LGERS), the Consolidated Judicial Retirements System (CJRS), and the Legislative Retirement System (LRS). Limits eligibility to beneficiaries living as of August 1, 2020, and whose retirement commenced on or before August 1, 2020. Allows for the payment to the member's legal representative if the beneficiary dies before payment is made. Clarifies that no vested right in future supplemental payments is granted. Requires that the payment be made on or before September 1, 2020.
Requires the same one-time $500 cost-of-living supplement payment to be made to or on account of beneficiaries of the NC Firefighters' and Rescue Squad Workers' Pension Fund and the NC National Guard Pension Fund, and beneficiaries of the Register of Deeds' Supplemental Pension Fund who are not eligible for the LGERS supplement payment. Provides for identical eligibility criteria and restrictions. Requires that the payment be made on or before September 1, 2020.
Appropriates $83 million in nonrecurring funds from the General Fund to the Reserve for Retiree Cost-of-Living Supplemental Payments for the 2020-21 fiscal year to implement the act's provisions, excluding the supplemental payments required for eligible beneficiaries of LGERS and the the Register of Deeds' Supplemental Pension Fund.
Allows for the Retirement Systems Division to increase receipts from retirement assets of the corresponding retirement system to pay associated costs of the payments.
Effective July 1, 2020.
Appropriates $1 million in nonrecurring funds for 2020-21 from the General Fund to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS) to develop and administer a Prison Software Management Pilot Program (program). Requires the Division to work with a qualified technology vendor to create a new shared database platform. Sets five requirements for selection of the qualified technology vendor, including the ability to integrate the program with the specified database platforms and software systems of the criminal justice system and local jail management software systems, and a willingness to reimburse the program implementation costs and first year software licensure costs for local sheriffs' offices that are currently under contract with the vendor or enter into a contract with the vendor by December 31, 2022. Effective July 1, 2020.
| Intro. by Steinburg, Britt. | APPROP |
Directs the UNC Board of Governors (BOG) to study the feasibility of offering accelerated undergraduate degree programs at constituent institutions consistent with the adopted Strategic Plan for UNC. Details nine factors the BOG must consider in conducting the study, including: (1) the use of online education for certain courses, particularly for general education requirements; (2) the feasibility of increasing summer term options or flexible calendar scheduling; and (3) the potential cost savings for students who enroll in an accelerated degree program. Directs the BOG to report its findings to the specified NCGA committee by March 1, 2021.
Appropriates $50,000 in nonrecurring funds from the General Fund to the BOG for the 2020-21 fiscal year to conduct the study. Authorizes the BOG to contract with an independent research organization to conduct the study.
Effective July 1, 2020.
Directs the Secretaries of the Department of Health and Human Services and Transportation to perform an internal disparity analysis on procurements and contracting regarding the use of Minority and Women-Owned Businesses in contracting to test, trace, and track COVID-19 (applicable to DHHS) and in contracting highway construction contracts (applicable to DOT). Requires each Secretary to report to the NCGA by August 1, 2020. Appropriates $10,000 from the General Fund to the each Department's Office of the Secretary to conduct the study. Effective July 1, 2020.
Creates the nine-member Bipartisan Legislative Working Group on Criminal Law Recodification (Working Group) to make recommendations to the 2021 General Assembly regarding a streamlined, comprehensive, orderly, and principled criminal code that includes all common law, statutory, regulatory, and ordinance crimes, and to oversee the work of the UNC School of Government's (SOG) Criminal Justice Innovation Lab (CJIL). Requires the Working Group to solicit feedback from the public as well as the Chief Justice of the Supreme Court, the Attorney General, the Conference of District Attorneys, Indigent Defense Services, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police.
Establishes Task Force membership requirements and requires that appointments be made no later than 30 days after the act becomes law. Requires the Working Group to meet at least monthly beginning no later than August 15, 2020. Sets out provisions on establishing a quorum, assigning staff. Terminates the Working Group on August 15, 2021.
Appropriates $338,771 in nonrecurring funds for 2020-21 from the General Fund to SOG to be allocated to the CJIL for the purposes of this act. Allows the funds to be used to hire temporary employees and to cover the costs associated with work done by the CJIL Director and a part-time project manager. Requires any other funds made available to CJIL to conduct the work of this act to be expended first and requires unencumbered and unexpended State funds to revert to the General Fund upon termination of the Working Group.
Requires CJIL to report to and take direction from the Working Group, with CJIL's work led by the Director and supported by the specified legal and non-legal staff. Requires the Director to report at least every two weeks to the Chair of the Working Group regarding the CJIL's progress. Requires the Working Group to establish general principles for the CJIL to follow to create a streamlined, comprehensive, orderly, and principled criminal code, with the principles providing for at least the eight listed elements, including applying consistent terminology across statutes and defining all terminology, specifying the required mental state or that an offense is a strict liability crime, eliminating redundant crimes and multiple punishments for the same conduct, and eliminating outdated laws.
Sets out the following required CJIL deliverables: (1) for common law crimes and crimes included in the NC General Statutes, create a database of all statutory and common law crimes, including specified information, and draft legislation amending, recodifiying, or proposing changes to the criminal statutes in a format consistent with the NCGA's drafting conventions; (2) for crimes created by local ordinances, create a database of ordinance offenses, including specified information; report to the Working Group on common ordinance crimes, including charging data and a range of policy options for addressing ordinance crimes consistent with the Working Group's goals; and draft legislation using a format consistent with the NCGA's drafting conventions; and (3) for crimes created by administrative boards and bodies, create a database of all crimes created by administrative boards and bodies that make it a crime to violate any regulation created by an administrative board or body, including specified information; report to the Working Group on policy options for addressing regulatory crimes consistent with the Working Group's goals; and draft legislation using a format consistent with the NCGA's drafting conventions.
Effective July 1, 2020.
Amends GS 63A-24 to no longer specify that the Secretary of Administration must exercise the powers and duties regarding public contracts under Article 8, GS Chapter 143, with respect to public building contracts of the NC Global TransPark Authority (Authority).
Appropriates $2,500 in nonrecurring funds from the Highway Fund to the Authority for the 2019-20 fiscal year to implement the act.
Enacts GS 105-153.11 to provide a private school and home school credit option for eligible individual taxpayers of up to $2,500 per dependent child for private school credit and $500 per dependent child for home school credit. Restricts eligibility to taxpayers who received a federal economic income payment under the CARES Act whose adjusted gross income declined by at least 10% from the preceding tax year, and who has one or more dependent children in attendance at a nonpublic school, or a home school, as applicable, for the spring and fall semesters of that tax year and the spring semester through April 15 of the succeeding tax year. Provides for reduction of the credit per dependent child for a taxpayer's adjusted gross income that exceeds the appropriate income amount provided based on filing status, ranging from $75,000 ("Other") to $150,000 ("Married, filing jointly/surviving spouse"). Caps the private school credit at $7,500, and the home school credit at $1,500, or the amount of adjusted tax imposed on the taxpayer for the taxable year. Provides for a pro rata determination of credit for split attendance situations. Allows for the credit to carry forward for the succeeding three year.
Amends GS 105-153.5 to provide for the an income tax deduction of amounts paid during the period of March 28, 2020, to December 31, 2020, the first $2,500 of bonus compensation and overtime pay, if the taxpayer received a federal economic impact payment under the federal CARES Act and whose adjusted gross income for the tax year does not exceed the appropriate income amount provided in the table of new GS 105-153.11.
Effective for taxable years beginning on or after January 1, 2020, and expires for taxable years beginning on or after January 1, 2021.
| Intro. by Bryan. | GS 105 |
Part I
Requires the State Board of Education and the Department of Public Instruction to collaborate with the Friday Institute at North Carolina State University to expand the School Connectivity Initiative to improve student access to broadband Internet outside of the classroom by providing home mobile Internet access points to all students in public schools who are eligible for federally subsidized free or reduced-cost school meals. Requires, to the extent permitted by law, leveraging any funds made available for community and home mobile Internet access points for students in public schools, including the specified funding, to achieve these purposes. Requires the State Board of Education to include the following in its January 15, 2021, report: (1) recommendations for ensuring that all students have access to broadband Internet inside and outside the classroom and (2) results from the authorized expansion and recommendations for future programs related to improved student access to broadband Internet services.
Part II
Appropriates $176 million in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Instruction to expand the School Connectivity Initiative to provide home mobile Internet access points for students as provided for in this act.
Part III
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.
Part IV
Effective July 1, 2020.
| Intro. by Garrett. | APPROP, UNCODIFIED |
Requires the Department of Public Safety, Division of Adult Correction and Juvenile Justice to: (1) develop a plan for the release to the community of offenders that are serving a sentence for a nonviolent crime, suffering from a medical diagnosis that compromises the offender's immune system, near release, or juveniles; (2) develop a plan regarding future response efforts for an emergency related to the coronavirus disease 2019 (COVID-19); and (3) develop a plan for the implementation of Extending the Limits of Confinement (ELC) policy to increase the number of nonviolent offenders being released to community supervision. Requires the plans to be submitted to the specified NCGA committee by September 1, 2020. Appropriates $10 million in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Safety, Division of Adult Correction and Juvenile Justice, for electronic monitoring services, community corrections staffing, and other costs associated with the release of offenders to the community upon the implementation of the plans required in this act.
Appropriates $1.8 million in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Safety to help previously incarcerated individuals transition into their community following their release. Requires the funds to be allocated to the 18 specified reentry councils and roundtables in the amount of $100,000 each.
Effective July 1, 2020.
| Intro. by Smith, Foushee. | APPROP, UNCODIFIED |
The Daily Bulletin: 2020-05-27
The Daily Bulletin: 2020-05-27
Senate committee substitute to the 1st edition makes the following changes.
Prohibits Craven County from adopting or extending an ordinance to apply to the Fairfield Harbour waters that would create a new criminal offense or otherwise subject a person to criminal penalties.
| Intro. by Sanderson. | Craven |
Actions on Bills: 2020-05-27
H 85: EMISSIONS/LEE, ONSLOW, & ROCKINGHAM COUNTIES. (NEW)
H 463: EDUCATION IN PRISONS. (NEW)
H 536: TEMP OUTDOOR RESTAURANTS FOR OUTDOOR SEATING (NEW).
H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW)
H 902: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)
H 1079: VARIOUS SALES TAX CHANGES.
H 1168: MURPHY BRANCH CORRIDOR REDUCTION.
H 1169: BIPARTISAN ELECTIONS ACT OF 2020. (NEW)
H 1197: APPROPRIATE HAVA & CARES FUNDS/2020 ELECTIONS.
H 1198: PROHIBIT CONFUCIUS INSTITUTE/HIGHER ED.
H 1200: FORECLOSURE PREV.GRANTS/RENTAL & UTILITY ASST.
H 1201: LOCAL MEAT PROCESSORS GRANTS/MARKETING FUNDS. (NEW)
H 1202: NCGA TRANSPARENCY AND ACCESSIBILITY ACT.
H 1203: ENSURE HEALTHY SCHOOLS/COVID-19.
H 1204: FUNDS FOR STATEWIDE TELEPSYCHIATRY PROGRAM.
H 1205: EXPEDITED STATE LEASING-BROADBAND.
H 1206: STUDENT MENTAL HEALTH WELL-BEING/COVID-19.
H 1207: SAVE OUR COURTS.
H 1208: FUNDING FOR WORKFORCE HOUSING LOAN PROGRAM.
H 1209: PERMIT REQ'D/ASSAULT WEAPON & LONG GUN.
H 1210: CARES ACT FUNDS FOR TROSA.
H 1211: TAX BENEFITS FOR PPP LOAN - IRC UPDATE.
H 1212: NC TEACHER SUPPORT PROGRAM FUNDS.
H 1213: DMV/WAIVE RD. TEST/PARENT/GUARD. LIABILITY.
H 1214: DEPARTMENT OF HEALTH AND HUMAN SVCS REVISIONS.-AB
H 1215: CARES ACT FUNDS FOR LINCOLN COMM. HEALTH CTR.
H 1216: CARES ACT FUNDS FOR COMM. HEALTH COALITION.
H 1217: HBCU/HMSI FUNDS/DOCT. PROG./TEACHING FELLOWS.
H 1218: SALARY RELATED CONTRIBS./DEBT SERVICE FUNDS. (NEW)
H 1219: COLLABORATORY FUNDS/COVID-19 ECONOMIC IMPACTS.
H 1220: FUND DV PREVENTION PILOT PROGRAM.
H 1221: FUNDS FOR NCCU PROGRAMS.
H 1222: VARIOUS STATE CAPITAL APPROPRIATIONS.
H 1223: ADDITIONAL FUNDS FOR EC/COVID-19.
H 1224: PANDEMIC EMERGENCY ASST.: RESTAURANTS/LODGING.
H 1225: EDUCATION & TRANSPORTATION BOND ACT OF 2020.
H 1226: RECODIFICATION OF CRIMINAL LAWS.
H 1227: ENSURE AWARENESS OF ASSISTANCE PROGRAMS/COVID.
H 1228: SATELLITE BROADBAND GRANTS.
H 1229: UI PROGRAM INTEGRITY/TEMP. ABAWD TIME WAIVERS.
S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)
S 476: SCHOOL-BASED MENTAL HEALTH. (NEW)
S 719: RETIREMENT TECH./PROTECT./& OTHER CHANGES. (NEW)
S 733: UNC CAPITAL PROJECTS. (NEW)
S 739: PERSONAL DELIVERY DEVICE/PDD/DELIVERY ROBOTS.
Actions on Bills: 2020-05-27
H 1062: BEAUFORT COUNTY/ANIMAL SERVICES RECORDS.
H 1151: ASHEVILLE-BUNCOMBE BD. OF TRUSTEES.
H 1153: IREDELL-STATESVILLE BD. OF ED/ELECTION METHOD.
H 1154: GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY.
H 1157: ABOLISH CORONER IN VARIOUS COUNTIES. (NEW)
H 1159: ADD MEMBERS/JOHNSTON CNTY. AIRPORT AUTHORITY.
H 1199: GRADUATING SR. NUMERIC GRADE. (NEW)
S 47: MORGANTON'S FIREMEN'S RELIEF FUND (NEW).
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