The Daily Bulletin: 2020-06-03

The Daily Bulletin: 2020-06-03

PUBLIC/HOUSE BILLS
H 158 (2019-2020) COVID-19 NEW DRIVER RESPONSE. (NEW) Filed Feb 25 2019, AN ACT TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO TEMPORARILY WAIVE THE ROAD TEST REQUIREMENT FOR LEVEL TWO LIMITED PROVISIONAL LICENSES AND TO PROVIDE ACCOMMODATIONS FOR DRIVER EDUCATION COURSEWORK INTERRUPTED BY SCHOOL CLOSURES IN THE SPRING SEMESTER OF 2020.

Senate committee substitute to the 2nd edition deletes the content of the previous edition and replaces it with the following.

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 for Level 2 limited provisional license applicants.

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. 

Makes conforming changes to the act's titles.

Intro. by Presnell.UNCODIFIED
H 471 (2019-2020) EXEMPT DIRECT PRIMARY CARE FROM DOI REGS. (NEW) Filed Mar 26 2019, AN ACT EXEMPTING MEDICAL DIRECT PRIMARY CARE FROM REGULATION BY THE DEPARTMENT OF INSURANCE.

Senate amendment makes the following changes to the 2nd edition. 

Amends new GS 58-3-8 as follows. Amends the definition of a medical direct primary care agreement to allow the contract to be between a primary care provider and a family, in addition to the already listed individual patient or an individual patient's legal representative. Requires a medical direct primary care agreement to be signed by the individual patient, an adult member of the family, or the individual patient's legal representative (was, by the patient or patient's legal representative only). Makes conforming changes.

Intro. by Hardister, White, Dobson, Adcock.GS 58
H 472 (2019-2020) NCSU/ NC A&T MATCHING FUNDS/UMSTEAD ACT. (NEW) Filed Mar 26 2019, AN ACT TO APPROPRIATE ADDITIONAL FUNDS TO NORTH CAROLINA STATE UNIVERSITY TO PROVIDE A MATCH FOR FEDERAL FUNDS TO SUPPORT THE DEVELOPMENT OF INNOVATIVE MANUFACTURING PROCESSES FOR BIOPHARMACEUTICAL PRODUCTS; TO APPROPRIATE ADDITIONAL FUNDS TO NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY TO PROVIDE A MATCH FOR FEDERAL FUNDS TO SUPPORT AGRICULTURAL RESEARCH AND COOPERATIVE EXTENSION PROGRAM ACTIVITIES; AND TO PERMIT NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY TO SELL DAIRY PRODUCTS AT UNIVERSITY-OWNED FACILITIES TO SUPPORT THE AGRICULTURAL RESEARCH PROGRAM AT THE UNIVERSITY.

House committee substitute deletes the content of the 1st edition and now provides the following.

Directs the Department of Public Instruction (DPI) to transfer, by August 15, 2020, $2 million in nonrecurring funds from the cash balance in the School Bus Replacement Fund (Fund) to the Academic Affairs, NCSU, budget code. Appropriates the transferred funds to the UNC Board of Governors (BOG) for 2020-21 to be allocated to NCSU for the University's participation in a collaborative effort to accelerate the development of innovative manufacturing processes for biopharmaceutical products. Requires that the funds support the Biomanufacturing Training and Education Center at NCSU and serve as matching funds for a federal grant from the National Institute of Standards and Technology.

Further, directs DPI to transfer $3 million from the Fund to NC A&T by August 15, 2020. Appropriates the transferred funds to UNC BOG to be allocated to NC A&T for 2020-21 to match federal funds awarded to the University as a land-grant university under specified federal law.

Amends GS 66-58, which prohibits the sale of merchandise or services by governmental units, to allow NC A&T University to sell dairy products and by-products of heavy cream at University-owned facilities that are produced at the University Farm at NC A&T, so long as any profits are used to support the Agricultural Research Program and the College of Agriculture and Environmental Sciences at the University.

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

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

Effective July 1, 2020.

Changes the act's titles.

Intro. by Hardister, Dobson, Faircloth, Clemmons.APPROP, GS 66
H 612 (2019-2020) DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW) Filed Apr 4 2019, AN ACT TO REQUIRE THE SOCIAL SERVICES COMMISSION OF THE DIVISION OF SOCIAL SERVICES TO REVIEW POLICIES, GUIDELINES, AND OTHER INTERPRETIVE STATEMENTS AND SUBMIT A REPORT TO THE OFFICE OF ADMINISTRATIVE HEARINGS; CLARIFY THE AUTHORITY OF BOARDS TO REQUIRE CRIMINAL HISTORY RECORDS; AND UPDATE THE PROCESS FOR LEGISLATIVE REVIEW OF RULES.

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

Requires the North Carolina Division of Social Services (Division), by and through the Social Services Commission (Commission), to prepare and submit for review to the Office of Administrative Hearings (OAH) a comprehensive report of all of its policies, guidelines, and other interpretive statements (was, its existing publications, policies, and procedures) by May 31, 2021 (was, May 31, 2020). Makes conforming changes throughout to refer to "policies, guidelines, and other interpretive statements," rather than "publications, policies, and procedures." Specifies that the report must include such policies, guidelines, or other interpretive statements that the Division or any of its subdivisions has sought to implement or enforce that may directly or substantially affect the procedural or substantive rights or duties of persons not employed by the Division or any of its subdivisions (was, such that are used by the Division or any of its subdivisions that may directly or substantially affect the described rights and duties). No longer requires identification of policies and procedures used by the Division that satisfy the definition of a rule. Requires the report to include an explanation for any policies, guidelines, and other interpretive statements not adopted as a rule the Commission believes are not in violation of statutory rule-making requirements (similar to previous language). More specifically excludes any emergency, temporary, or permanent rule adopted by the Division in accordance with statutory rule-making requirements (previously, excluded existing rules of the Division or its subdivisions published in the NCAC). 

Now requires the Commission and OAH to jointly review the report (rather than the findings of the report) to identify any policies, guidelines, or other interpretive statements in violation of the statutory rule-making requirements (rather than identifying rules that are subject to the statutory rule-making requirements). Makes conforming changes to the procedures set out for referral to the Rules Review Commission in the event of disagreement between the Commission and OAH. Adds that the Commission can file an action for declaratory judgement if the Commission disagrees with the determination of the Rules Review Commission upon referral.

Regarding interim rules, renders interim rules authorized by the statute void on July 1, 2022, rather than July 1, 2021, if the Commission has failed to adopt the interim rule as a permanent rule consistent with statutory rule-making procedures by that date. No longer provides for failure to publish interim rules proposed to be adopted as permanent rules in the Register. Provides for a reviewing court to extend the interim rule period pending review of a declaratory judgement action filed by the Commission. Deems any policy, guideline, or other interpretive statement issued by the Division after the date the act becomes law void one year after issuance, with authority granted to the DHHS Secretary to re-issue the policy, guideline, or other interpretive statement for an additional one-year period.

Amends GS 93B-8.1 to expand the defined term applicant to include a person who makes application for licensure from a State agency licensing board. Adds new subsection (c1) to specify that the statute does not authorize an occupational licensing board or a State agency licensing board to require an applicant to consent to a criminal history record check or use of fingerprinting or other identifying information required by the State or National Repositories of Criminal Histories as a condition of granting or renewing a license.

Expands GS 150B-23 to require a contested case petition to state facts tending to establish that the named agency has sought to implement or enforce against the petitioner a policy, guideline, or other interpretive statement in violation of GS 150B-18, if appropriate.

Amends GS 150B-33 to authorize an administrative law judge (ALJ) to determine that a policy, guideline, or other interpretive statement that a State agency has sought to implement or enforce is unenforceable due to violation of statutory rule-making procedures. Allows for the ALJ to order refunds of collections pursuant to the policy, guideline, or other interpretive statement, and stay the determination of unenforceability to allow the agency time to properly adopt the policy, guideline, or other interpretive statement as rule. Further, allows the ALJ to order the assessment of reasonable attorneys' fees and witnesses' fees against the agency where the ALJ finds the agency has sought to implement or enforce a policy, guideline, or other interpretive statement in violation of statutory rule-making procedures.

Amends 150B-1 to exempt DHHS from statutory rule-making procedures in adopting rules relating to the administration or operation of the State Medicaid or NC Health Choice program (was, in adopting new or amending existing medical coverage policies for the State Medicaid and NC Health Choice programs).

Repeals GS 150B-1(d)(20), which exempted DHHS from statutory rule-making procedures in implementing, operating, or overseeing new 1915(b)/(c) Medicaid Waiver programs or amendments to existing 1915(b)/(c) Medicaid Waiver programs.

Enacts GS 108A-54.1B(e) to establish the following procedures for rules adopted by DHHS, except those regarding changes to medical coverage under Medicaid and NC Health Choice as provided in GS 108A-54.2. Requires DHHS to publish the proposed rule on its website 30 days prior to adoption of a new or amended rule; to provide copies of proposed rules to persons upon request; and to accept comments on the proposed new or amended rule for 30 days following publication. Waives the notice requirement if immediate adoption is necessary in order to fully effectuate the purpose of the rule.

Changes the act's titles.

Intro. by Stevens, Riddell, White.UNCODIFIED, GS 108A, GS 150B
H 1071 (2019-2020) FUNDS TO DPI FOR ADM GROWTH. (NEW) Filed May 12 2020, AN ACT TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC INSTRUCTION FOR INCREASED AVERAGE DAILY MEMBERSHIP IN PUBLIC SCHOOLS.

House committee substitute to the 1st edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

Adds five legislative findings regarding the impact of the COVID-19 pandemic on public schools.

Directs the State Controller to transfer, by August 15, 2020, $75 million in nonrecurring funds from the Civil Penalty and Forefeiture Fund to the Department of Public Instruction (DPI) for 2020-21 to fund an increase in Average Daily Membership (ADM) for 2020-21.

Requires DPI, by August 15, 2020, to transfer for 2020-21, $3,923,230, in recurring funds from the cash balance in the School Bus Replacement Fund to fund an increase in ADM for 2020-21.

Requires that State Controller to transfer $22 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 Office of State Budget and Management (OSBM) for 2020-21 to be allocated to DPI to fund an increase in ADM for low-wealth counties due to the impacts of COVID-19. Specifies that the requirements and limitations in Part I of SL 2020-4 apply to these funds and requires OSBM to include the funds in its required report. 

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. 

Effective July 1, 2020.

Changes the act's titles.

Intro. by Horn, Clemmons, Fraley.APPROP
H 1087 (2019-2020) WATER/WASTEWATER PUBLIC ENTERPRISE REFORM. (NEW) Filed May 14 2020, AN ACT TO IMPROVE VIABILITY OF THE WATER AND WASTEWATER SYSTEMS OF CERTAIN UNITS OF LOCAL GOVERNMENT BY REQUIRING LOCAL GOVERNMENT COMMISSION APPROVAL OF GRANT APPLICATIONS; TO REQUIRE CERTAIN WATER AND WASTEWATER SYSTEMS TO UNDERGO A REVIEW OF INFRASTRUCTURE MANAGEMENT, ORGANIZATIONAL MANAGEMENT, AND FINANCIAL MANAGEMENT; TO CREATE AND PROVIDE FUNDING FOR THE VIABLE UTILITY RESERVE TO PROVIDE GRANT MONEY FOR LOCAL GOVERNMENT UNITS; TO PROVIDE A STATUTORY PROCESS FOR MERGER AND DISSOLUTION OF WATER AND WASTEWATER SYSTEMS ESTABLISHED UNDER CHAPTER 162A OF THE GENERAL STATUTES; TO PROMOTE THE IMPORTANCE OF INTERLOCAL AGREEMENTS TO THE OPERATION OF WATER AND WASTEWATER SYSTEMS; TO STUDY SUBBASIN TRANSFERS AND HISTORICAL CHARTERS; TO REALLOCATE CERTAIN UNUSED FUNDS FROM THE PFAS RECOVERY FUND; TO PROVIDE FUNDS FOR THE SOUTHERN REGIONAL AREA HEALTH EDUCATION CENTER AND FOR WATER RESOURCES PROJECTS; AND TO INCORPORATE FLOOD STORAGE CAPACITY ENHANCEMENT PROJECTS INTO THE ACTIVITIES AND PURPOSES OF THE DIVISION OF MITIGATION SERVICES.

House committee substitute deletes the content of the 1st edition and now provides the following.

Part I

Section 1

Makes the following changes to GS Chapter 159G, Water Infrastructure.

Amends GS 159G-20 to define distressed unit, operating deficit, and Viable Utility Reserve. Modifies the term local government unit to also include a metropolitan water and sewerage district. Makes organizational changes and updates GS Chapter 162A Article and GS Chapter 160A references.

Amends GS 159G-22 to establish the Viable Utility Reserve (Reserve) account within the Water Infrastructure Fund to receive appropriated State funds. Specifies that credited revenue to the account is neither received from the federal government nor provided as a match for federal funds. Directs the Department of Environmental Quality (DEQ) to establish accounts within the Reserve to administer grants for public water systems or wastewater systems owned by local government units. 

Amends GS 159G-30 to include the administration of grants made from the Reserve, through the Division of Water Infrastructure (Division), in DEQ's responsibilities. Makes clarifying and technical changes.

Amends GS 159G-31 to establish that a local government unit, as now defined, is eligible to apply for a grant from the Reserve. Also authorizes the Local Government Commission (Commission) to submit an application on behalf of a distressed unit for an emergency grant to cover operating deficits of the unit's public water system or wastewater system; deems such applications approved by the Commission upon submission.

Amends GS 159G-32 to specify six authorized uses for grants from the Reserve, including rehabilitating existing public water or wastewater infrastructure, decentralizing an existing public water or wastewater system, funding a study of rates, asset inventory and assessment, merger and regionalization options, and providing emergency grants for operating deficits.

Enacts GS 159G-34.5, detailing four types of authorized Reserve grants: (1) an asset assessment and rate study grant, (2) a merger/regionalization feasibility grant, (3) a project grant, and (4) emergency grant for operating deficit. Conditions the emergency grant category upon the Commission exercising control over the affairs of the unit's public water system or wastewater system or the unit or authority that owns or operates the system pursuant to specified state law. Authorizes Reserve grants to be awarded to a regional council or government or a regional planning commission if DEQ and the Local Government Commission determine it is in the best interest of the local government unit. Requires separate accounts in the Reserve for each type of grant.

Amends GS 159G-35 to require the Local Government Commission and the State Water Infrastructure Authority (Authority) to jointly develop evaluation criteria to review grant applications and award grants from the Reserve as provided in GS 159G-39, as amended. Makes clarifying changes.

Amends GS 159G-36 to prohibit the amount of a Reserve grant from exceeding the construction costs of a project. Specifies that grant availability is limited to the extent that other funding sources are not reasonably available to the applicant. Caps grants from the Reserve to any single local government unit at $15 million, and at $30 million where two or more governmental units are merging into a single utility, except emergency grants are capped at $750,000 per local government unit with a duration limit of three consecutive fiscal year.

Expands the application provisions set forth in GS 159G-37 concerning loans and grants from other Reserves under the Chapter to include applications for grants from the Reserve.

Amends GS 159G-39 to require the Local Government Commission to approve the grant award and terms before a grant can be awarded. Deems any emergency grant application submitted by the Commission on behalf of a distressed unit to be approved by the Commission. Authorizes DEQ and the Local Government Commission to impose specific performance measures or conditions on a Reserve grant, in their discretion.

Enacts GS 159G-45 to require the Authority and the Local Government Commission to develop criteria for assessment and review of local government units to identify distressed units, defined as a public water or wastewater system exhibiting signs of failure to identify or address those financial or operating needs necessary to enable that system to become or to remain a local government unit generating sufficient revenues to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services. Details five components which the criteria should address, including whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management. Requires distressed units to take certain actions, as described, including developing an action plan for short- and long-term infrastructure repair, maintenance and management, continuing education of the governing board and system operating staff, and long-term financial management. Also requires distressed units to conduct an asset assessment and rate study, and participate in a training and educational program. Provides that once the requirements are met, the local government unit is no longer identified as a distressed unit for the remainder of that assessment and review cycle. Requires the assessment and review cycle of local government units to be no less than every two years, with frequency to be established by the Authority and the Local Government Commission.

Effective October 1, 2020.

Section 2

Enacts Article 10, Dissolution and Merger of Units, to GS Chapter 162A. Defines unit as the same entities created under GS Chapter 162A that are included in the term local government unit under GS Chapter 159G, as amended. Details information which must be provided to the Environmental Management Commission (Commission) prior to any action under the Article to merge or dissolve any unit. Requires the Commission to provide a copy of the submitted information to DEQ and the Local Government Commission upon receipt of a request to dissolve or merge. Specifies notice requirements for district boards of affected units and any other governing boards affected upon confirmation of the time and place for a public hearing on dissolution or merger. 

Authorizes a unit to merge with any other unit, county, city, consolidated city-county, sanitary district, or  joint agency, as described, (1)  if the merger is a condition of receiving a grant from the Reserve or (2) upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and details dissolving a unit upon satisfaction of certain criteria. 

Authorizes a unit to be dissolved (1) if the merger is a condition of receiving a grant from the Reserve or (2) in order to merge with another unit, county, city, consolidated city-county, sanitary district, or joint agency, as described, and establish a new entity upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and dissolving a unit.

Establishes the effective date for merger or dissolution upon the adoption of a resolution by the Commission to be fixed as of June 30 following the adoption or the second June 30 following the adoption of the resolution. Details the effect of a merger or dissolution upon adoption of a resolution by the Commission and authorizes all governing boards and district boards to take actions and execute the documents necessary to effectuate the described provisions. 

Effective October 1, 2020.

Section 3

Enacts Part 5, Water and Wastewater Systems, to Article 20, GS Chapter 160A. Sets forth defined terms. Authorizes interlocal cooperation between local government units for any purpose. Makes the joint exercise of powers provisions of Part 1 of Article 20 apply when two or more local government units agree to contract for one or more undertaking under new Part 5. 

Effective October 1, 2020.

Section 4

Directs DEQ to study the statutes and rules governing subbasin transfers. Details requirements of the study, including whether the costs of complying with specific statutory requirements are worth the benefits of the requirements. Requires DEQ to submit a report to the Commission by January 15, 2021.

Section 5

Directs the Department of State Treasurer to study the feasibility of authorizing historical charts for local government units that have become or may become defunct. Details requirements of the study, including the consequences of such charters. Requires the Department of State Treasurer to report to the General Assembly by January 15, 2021.

Section 6

Repeals Section 14 (Water/Wastewater Public Enterprise Reform) of SB 553 (Regulatory Reform Act of 2019) if that act becomes law.

Part II

Section 7

Directs the Department of Commerce to transfer, by August 15, 2020, $9 million in nonrecurring funds from the One North Carolina Fund to the Water Infrastructure Fund for 2020-21. Appropriates the transferred funds to the Viable Utility Reserve to implement the award of grants pursuant to GS 159G-32, as amended.

Part III

Section 8

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

Section 9

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

Section 10

Provides for Parts II and III of the act to become effective July 1, 2020.

Changes the act't titles.

Intro. by Lambeth.APPROP, STUDY, GS 159G, GS 160A, GS 162A
H 1136 (2019-2020) FUNDS FOR NCSSM-MORGANTON CAMPUS. Filed May 14 2020, AN ACT TO APPROPRIATE FUNDS TO ESTABLISH AND OPERATE THE MORGANTON CAMPUS OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS.

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

Eliminates the act's appropriations from the General Fund to the UNC Board of Governors (UNC BOG) and the Office of State Budget and Management for 2020-21 to be allocated and held in reserve for the NC School of Science and Mathematics (NCSSM). Instead provides for the following.

Amends Section 3.15 of SL 2019-209 to adjust the State's employer contribution rate for death benefits for teachers and state employees, and State law enforcement officers, from 0.16% to 0.13%, effective July 1, 2020. Makes conforming changes. 

Directs OSBM to adjust the appropriations for related State retirement contributions, representing a decrease in General Fund net appropriations totaling $3,340,591 in recurring funds for 2020-21. Appropriates this amount of funds now available in the General Fund to UNC BOG on a recurring basis for 2020-21 to be allocated to NCSSM for operating funds, purchase of equipment and supplies, and to establish 46 new positions at the Morganton Campus.

Modifies the legislative intent to appropriate from the General Fund to UNC Board of Governors the specified amounts in the 2021-22, 2022-23, and 2023-24 fiscal years or any financial obligations incurred to open and operate the Morganton campus, to add an intent to appropriate $2,608,160 in recurring funds for the 2021-22 fiscal year. Makes additional technical changes.

No longer provides for the act to supersede H 966 (2019 Appropriations Act) if that act becomes law.

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

Provides for the validity of 2019 legislation appropriating funds to entities covered by the act, unless expressly repealed or amended.

Maintains the act's effective date of July 1, 2020.

Intro. by Blackwell, Fraley, Ager, Dobson.APPROP, GS 116
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.

House committee substitute makes the following changes to the 2nd edition.

Deletes the proposed $10 million appropriation to the Department of Public Instruction for 2020-21 for driver education. 

Changes the act's long title.

Intro. by Elmore, Torbett, Hurley.
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.

House committee substitute makes the following changes to the 3rd edition.

Deletes the act's provisions in Section 2 about waiving the road test requirement for a regular drivers license or limited provisional licence and requiring the issuance of a temporary license. Instead, requires the Department of Motor Vehicles (DMV) to waive the road test requirements for applicants for a limited provisional license if the applicant meets all other requirements for the license. Expires when DMV resumes administering regularly scheduled road tests but no later than 180 days from the act's effective date.

Appropriates $10,000 in nonrecurring funds for 2020-21 from the General Fund to the DMV to develop and maintain a list of individuals issued a limited provisional license following waiver of the road test. Effective July 1, 2020. 

Intro. by Elmore, Torbett, Hurley.
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.

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

Amends Section 3.15(c) of SL 2019-209 to adjust the State's employer contribution rates for retirement benefits for the 2020-21 fiscal year for the retirement systems for teachers and state employees from 14.36% to 14.78% of covered salaries, State law enforcement officers from 14.36% to 14.78% of covered salaries, the Consolidated Judicial Retirement System from 36% to 36.44% of covered salaries, and the Legislative Retirement System from 29% to 27.30%. Adjusts the State's employer contributions rates for disability benefits for teachers and state employees, State law enforcement officers, and the University and Community Colleges Optional Retirement Programs from 0.10% to 0.09% of covered salaries. Additionally, adjusts the State's employer contribution rates for retiree health benefits for teachers and state employees, State law enforcement officers, the University and Community Colleges Optional Retirement Programs, the Consolidated Judicial Retirement System, and the Legislative Retirement System from 6.82% to 6.68%. Makes conforming changes. Repeals these proposed changes if House Bill 1136 becomes law, and instead makes identical changes to Section 3.15(c), as amended by House Bill 1136, effective July 1, 2020.

Amends Section 3.15(e) of SL 2019-209 to decrease the maximum annual employer contributions payable monthly for each covered employee or retiree for the 2020-21 fiscal year to the State Health Plan for Teachers and State Employees from $5,165 to $5,061 for Medicare-eligible employees and retirees, and from $6,647 to $6,512 for non-Medicare-eligible employees and retirees.

Directs the Office of State Budget and Management to adjust the applicable appropriations for State retirement and State Health Plan contributions to reflect the above changes, representing a decrease in General Fund net appropriations totaling $5,048,710 in recurring funds for the 2020-21 fiscal year. Appropriates these now available funds from the General Fund on a recurring basis for 2020-21 to meet the State's General Fund debt service obligations. Deems departmental receipts appropriated for 2020-21 to implement the act.

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

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

Effective July 1, 2020.

Changes the act's titles. 

Intro. by Faircloth.APPROP, UNCODIFIED
H 1229 (2019-2020) UI PROGRAM INTEGRITY/TEMP. ABAWD TIME WAIVERS. Filed May 27 2020, AN ACT APPROPRIATING FUNDS TO THE DIVISION OF EMPLOYMENT SECURITY TO STRENGTHEN UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY DURING THE CORONAVIRUS PANDEMIC AND PREVENTING CERTAIN PAYMENTS TO PRECINCT OFFICIALS FROM REDUCING UNEMPLOYMENT INSURANCE BENEFITS.

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

Requires that the $2 million appropriated to the Department of Commerce, Division of Employment Security (DES), be used to contract and use the subject matter expertise and technical infrastructure available through existing Government Data Analytics Center (GDAC) public-private partnerships (was, only to contract with GDAC) subject to the already specified objectives. Amends those objectives to include enhancing economic modeling for underground economy analysis with COVID-19 claims (was, to develop modeling for economic impact and recovery analysis). Adds that all contractual and interagency agreements necessary to implement this section must be executed within 30 days of the act becoming law.

Deletes the $25,000 appropriation from the General Fund to the Department of Health and Human Services, Division of Social Services for increased administrative costs for the Food and Nutrition Services Program. 

Changes the effective date of the provision allowing the Department of Health and Human Services to seek a temporary waiver for federal time limits for able-bodied adults without dependents participating in the Food and Nutrition Services Program, to when the act becomes law. 

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.

Intro. by Howard, Wray, Saine.APPROP, UNCODIFIED
H 1230 (2019-2020) EXTEND STATE OF EMERGENCY RULES/MODIFICATIONS. Filed Jun 2 2020, A HOUSE RESOLUTION TO EXTEND A HOUSE RESOLUTION AMENDING THE 2019 HOUSE PERMANENT RULES OF THE 2019 GENERAL ASSEMBLY DURING EMERGENCIES.

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

Amends Rule 22.1 which governs when a member may designate the Majority or Minority Leader to cast the absent member's vote. Allows the designated Leader to appoint another member to cast all votes designated to that Leader (no longer requires the Leader to have an excused absence in order to appoint another member). No longer requires at least three hours to have elapsed from the time the bill to be voted on was placed on the calendar. 

Amends Rule 22 to provide that, except as provided in Rule 22.1, no member may vote unless the member is in the Chamber (was, in the Chamber when the question is put).

Deletes the provision allowing a resolution or bill to be placed on the calendar without being referred to a committee and on the same legislative day of its introduction or receipt from the Senate and that prohibited a vote from being taken on such a bill until at least three hours have elapsed from when it was place on the calendar and the time the question is put.

Deletes the provision stating that a proposed committee substitute did not have to be distributed electronically to committee members on the preceding calendar day in order to be considered by the committee.

Deletes the provision that required the first reading and reference to a standing committee of a (1) House bill to be on the legislative day of its introduction; and (2) Senate bill on the legislative day of its receipt on messages from the Senate. Removes the requirement that the Speaker give notice at each subsequent reading whether it is the second or third reading. Deletes the provision allowing a bill to be read more than once on the same day, except for a bill governed by Section 23 of Article II of the North Carolina Constitution.

Amends Rules 61.3 by adding that no recorded vote may be held before 2:00 pm on the next legislative day following the day the objection was filed, but allows this to be jointly waived by the Majority and Minority Leaders by notice in session on the day the objection is filed or the next legislative day before 2:00 pm.

Makes technical changes. 

Intro. by Lewis.HOUSE RES

The Daily Bulletin: 2020-06-03

PUBLIC/SENATE BILLS
S 315 (2019-2020) NORTH CAROLINA FARM ACT OF 2019-20. (NEW) Filed Mar 20 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS OF THE STATE.

Conference report #2 makes the following changes to the 10th edition. Note: Conference report #1, adopted by the Senate 10/28/2020, was withdrawn by the Senate on 5/27/2020.

Eliminates the content of previous Sections 1 through 14, modifying the Industrial Hemp Commission and Hemp Program, establishing the NC Hemp Commission and Hemp Program, and requiring a quarterly smokeable hemp study report. Eliminates all coordinating provisions, including civil and criminal penalties, relating to the proposed changes to the hemp program. Makes conforming organizational changes to the remaining content of the act.

Modifies the remaining content of the act as follows.

Section 1

Changes the effective date of proposed GS 62-193, Disposition of certain unused easements. Now applies to easements acquired on or after October 1, 2020 (was, October 1, 2019).

Section 2

Changes the effective date of proposed GS 20-150(e1), establishing right-of-way for left-turning farm equipment. Now applies to offenses committed on or after December 1, 2020 (was, December 1, 2019).

Section 5

Modifies the proposed changes to GS 99E-30 to no longer include shooting sports in the definition of agritourism activity. Makes conforming changes.

Amends the proposed changes to GS 153A-340 to no longer include specified shooting sports in the definition of agritourism with regards to buildings being used for agritourism qualifying as a bona fide farm purpose.

Provides a savings clause for existing agreements and settlements with local governments, previously issued permits and zoning decisions, and any pending or ongoing litigation, notwithstanding the proposed changes to GS 99E-30 and GS 153A-340.

Makes clarifying changes to proposed GS 153A-145.8 and GS 160A-203.2, regarding the regulation of catering on bona fide farms, to prohibit counties and cities from requiring businesses located on a property used for bona fide farm purposes that provides on- and off-site catering services to obtain a permit to do so (previously, provided for the business providing catering services on- and off-site from the bona fide farm property).

Section 9

Amends the proposed change to the sunset provision of the NC Food Innovation Lab Committee set forth in SL 2017-57, providing for a sunset of January 1, 2021, rather than January 1, 2020.

Section 10

Modifies the effective date of proposed GS 139-8.2, concerning confidential information collected by soil and water conservation districts. Now effective October 1, 2020, rather than October 1, 2019.

Section 12

Extends the reporting deadline for the Department of Environmental Quality (DEQ) and the Department of Environmental Resources to report on funding overlaps between specified water resources development grant funding, from September 30, 2019, to September 30, 2020.

Section 14

Extends the reporting deadline for the Agriculture and Forestry Awareness Study Commission's dairy study from May 1, 2020, to December 1, 2021.

Section 15

Adds the following new provisions. Directs that nutrient offset credits must be applied to a wastewater permit by applying the TMDL transport factor to the permitted wastewater discharge and to the nutrient offset credits. Applies only to wastewater discharge permit applications for a local government located in the Neuse River Basin with a customer base of fewer than 15,000 connections. Expires when the permanent rule, as required by the act below, becomes effective.

Directs DEQ to begin the modeling necessary to determine new transport zones and delivery factors for the Neuse River Basin for point source discharges and nutrient offset credits by August 1, 2020 in conjunction with affected parties. Requires the Environmental Management Commission to use DEQ's modeling and other information provided in the public comment period to adopt new transport zones and delivery factors by rule. Allows EMC to adopt temporary implementing rules.

Changes the act's short title.

Intro. by B. Jackson, Sanderson, Johnson.STUDY, GS 20, GS 62, GS 89C, GS 99E, GS 105, GS 106, GS 120, GS 136, GS 139, GS 143, GS 143B, GS 153A, GS 160A
S 379 (2019-2020) RETIREE AMENDMENTS. Filed Mar 27 2019, AN ACT TO MAKE CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE STATE TREASURER, THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND TO RELATED STATUTES, AND TO AUTHORIZE THE LEGISLATIVE SERVICES COMMISSION TO OBTAIN CRIMINAL RECORD CHECKS OF ANY PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS OF THE GENERAL ASSEMBLY.

House committee substitute makes the following changes to the 2nd edition.

Adds the following provisions.

Amends GS 120-32 to authorize the Legislative Services Commission (LSC) to obtain a criminal record check of a prospective employee, volunteer, or contractor of the NCGA. Requires the check to be conducted by the State Bureau of Investigation and provided to the Legislative Services Officer. Specifies that the report is not a public record.

Enacts new GS 143B-972 allowing the Department of Public Safety (DPS) to give the Legislative Services Officer the criminal history, from the State and National Repositories of Criminal histories, for any prospective employee, volunteer, or contractor of the NCGA. Requires providing DPS with the individual’s fingerprints and a signed form consenting to the record check and use of fingerprints and other identifying information required by the State and National Repositories and any additional information required by DPS. Requires the fingerprints to be forwarded to the State Bureau of Investigation for a search of the State’s criminal history record file and to the Federal Bureau of Investigation for a national criminal history record check. Requires the Legislative Service Office to keep information obtained under this statute confidential. Allows DPS to charge a fee, not to exceed the cost of locating, editing, researching and retrieving the information. Effective October 1, 2020.

Amends the act’s long title.

Intro. by Wells, Johnson.GS 120, GS 126, GS 128, GS 135, GS 143, GS 143B, GS 147
S 379 (2019-2020) RETIREE AMENDMENTS. Filed Mar 27 2019, AN ACT TO MAKE CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE STATE TREASURER, THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND TO RELATED STATUTES, AND TO AUTHORIZE THE LEGISLATIVE SERVICES COMMISSION TO OBTAIN CRIMINAL RECORD CHECKS OF ANY PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS OF THE GENERAL ASSEMBLY.

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

Section 1

Regarding the proposed changes to the creditable service provisions of the Retirement Systems for Teachers and State Employees and Local Governmental Employees set out in GS 135-4 and GS 128-26, modifies and postpones the dates applicable to amended and proposed sections by one or two years, as specified.

Now provides that for all service purchases required to have been made by December 31, 2021 (was, December 1, 2019), service purchase request forms received by that date will be accepted and processed.

Section 2

Eliminates the previous content in Section 2, amending GS 135-6(l) and GS 128-28(m) concerning the duties of the Actuary of TSERS and the Local Governmental Employees Retirement System, amending GS 150B-1 exempting the Retirement Systems Boards of Trustees from the rule making procedures of Article 2A of GS Chapter 150B when adopting actuarial tables, assumptions, and contribution-based benefit caps factors after presentation of recommendations from the actuary, and amending GS 135-6(n) and GS 128-28(o), requiring the Boards of Trustees to account for the results of the investigation and valuation and adopt any necessary mortality, service, or other tables, and any necessary contribution-based benefit cap factors for the System.

Eliminates the previous content of Section 5, amending GS 135-1 and GS 135-21, adding the defined term duly acknowledged

Makes conforming organizational changes to the remaining content of the act.

Section 4

Modifies the proposed changes to GS 135-8(f)(3) and GS 128-30(g)(3), regarding collection of contributions in TSERS and the Local Governmental Employees Retirement System. Previously added a new requirement for the effective date of an interception of State funds for a contribution-based benefit cap liability to be the later of December 1, 2019, or 12 months after the member's effective date of retirement. Now instead mandates that the date set by the respective Board of Trustees for payment of the contribution-based benefit cap liability must be 12 months after the members' effective date of retirement.

Section 6

Modifies the effective date of the proposed changes to GS 143-166.84(c), regarding eligibility under the Sheriffs' Supplemental Pension Fund (Fund), and the removal of the 2022 sunset on Section 5, SL 2017-128, which enacted GS 143-166.84(c). Now effective October 1, 2020, and applies to all elections to have sick leave applied to service under the Sheriffs' Supplemental Pension Fund on or after that date.

Adds the following new content.

Section 7

Amends GS 135-3(8)c1 concerning the report that is required on beneficiaries of the Retirement System for Teachers and State Employees who retired on an early or service retirement allowance and have been reemployed by an employer participating in the Retirement System and earn the specified triggering amounts. Adds that if the report is not received within the required 90 days, the Board of Trustees may, in addition to the already allowed penalty, (1) require the employer to reimburse the Retirement System for any retirement allowance paid to the beneficiary during the period when the allowance would have been suspended if the report had been timely and (2) require the employer to pay any amounts that the beneficiary would have been required to pay to the Retirement System if the report had been timely. Adds that if the employer must make the payments under these new provisions, then (1) the beneficiary is not obligated to reimburse the Retirement System for the specified related amounts, (2) the provisions of GS 135-9(b) relating to offsetting overpayments against payments made from the Retirement System to the member or beneficiary do not apply, (3) the Retirement System does not have a duty to pursue repayment of overpayments from the beneficiary, (4) the overpayments are not considered a debt of the beneficiary, and (5) the beneficiary's effective date of retirement is to be adjusted if required. Amends GS 128-24(5)c1 to make the same changes to the report required on beneficiaries of the Retirement System for Counties, Cities, and Towns who retired on an early or service retirement allowance and have been reemployed by an employer participating in the system and earn the specified triggering amounts.

Effective July 1, 2021, and applies to reports required to be made on or after that date.

Section 8

Amends GS 135-7 (concerning the Retirement System for Teachers and State Employees) and GS 128-29 (concerning the Retirement System for Counties, Cities, and Towns), by amending the provisions for the funding of the Legislative Enactment Implementation Arrangement (LEIA) to prohibit the Board of Trustees from directing any employer contributions into the LEIA after November 1, 2026 (was, November 1, 2021).

Section 9

Enacts new GS 147-75.1 allowing the Department of State Treasurer (Department) to obtain the criminal history of any of the following: (1) a current or prospective permanent or temporary employee of the Department, (2) a contractor with the Department, (3) an employee or agent of a contractor with the Department who is or will perform work for the Department, (4) a volunteer of the Department, (5) any other individual otherwise engaged by the Department  who will have access to confidential health or financial information or data maintained by the Department. Allows the Department to deny employment to or dismiss specified individuals who refuse to consent to the record check or to the use of identifying information. Allows the Department of State Treasurer to extend conditional offers of employment pending record check results. 

Intro. by Wells, Johnson.GS 120, GS 126, GS 128, GS 135, GS 143, GS 147
S 390 (2019-2020) DUPONT STATE FOREST-FINANCIAL STUDY. Filed Mar 27 2019, AN ACT TO DIRECT THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO CREATE A PLAN FOR FEES AND CHARGES TO SUPPORT FINANCIAL SUSTAINABILITY AND PROPER STEWARDSHIP OF DUPONT STATE RECREATIONAL FOREST AND TO DIRECT THAT A PORTION OF PROCEEDS FROM THE SALE OF CERTAIN STATE PROPERTY BE TRANSFERRED TO THE CLEAN WATER MANAGEMENT TRUST FUND AND THE PARKS AND RECREATION TRUST FUND.

House committee substitute to the 2nd edition makes the following changes. Changes the due date of the Department of Agriculture and Consumer Services report from February 1, 2020, to February 1, 2021.

Enacts new GS 146-30.2, requiring that net proceeds from the sale of State-owned real property located outside of the State Capitol area (as defined in the act) be calculated in accordance with this statute. Defines net proceeds as the gross amount received from the sale of State-owned real property located outside of the State Capitol area, less: (1) any expenses incurred incident to that sale as may be allowed under rules and regulations adopted by the Governor and approved by the Council of State; (2) a service charge to be paid into the State Land Fund, unless such service charge is prohibited by GS 146-30 (Application of net proceeds); (3) an amount equal to 12.5% of the gross amount received to be paid into the Clean Water Management Trust Fund; and (4) an amount equal to 12.5% of the gross amount received to be paid into the Parks and Recreation Trust Fund. Requires net proceeds to be handled in accordance with the provisions of GS 146-30. Excludes from this statute proceeds derived from the sale of land or property originally purchased with, under the supervision and control of, or maintained with funds from the State Highway Fund or proceeds derived from the disposition of residue property.

Makes conforming changes to the act's long title.

Intro. by Edwards.STUDY, GS 146
S 719 (2019-2020) RETIREMENT TECH./PROTECT./& OTHER CHANGES. (NEW) Filed May 13 2020, AN ACT TO MAKE TECHNICAL CHANGES TO THE STATUTES GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, THE SUPPLEMENTAL RETIREMENT INCOME PLAN, THE ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) PROGRAM TRUST, THE NORTH CAROLINA NATIONAL GUARD PENSION FUND, THE NORTH CAROLINA PUBLIC SCHOOL TEACHERS' AND PROFESSIONAL EDUCATORS' INVESTMENT PLAN, AND THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES; TO REQUIRE STRESS TESTING FOR THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, AS RECOMMENDED BY THE PEW FOUNDATION; TO MAKE AMENDMENTS RELATED TO THE PENSION SOLVENCY FUND; TO MAKE CHANGES TO THE UNCLAIMED PROPERTY STATUTES; TO MAKE CERTAIN CHANGES TO PRESERVE THE INTEGRITY OF AND CLARIFY THE POLICY OBJECTIVES OF THE GENERAL ASSEMBLY FOR THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM; AND TO AMEND THE SEPARATE INSURANCE BENEFITS PLAN OFFERINGS.

House committee substitute makes the following changes to the 1st edition. Changes the act't titles.

Makes organizational changes and adds the following content.

Part I-A

Section 1.1

Amends GS 128-21 and GS 135-1, which define terms applicable to provisions governing the Retirement System for Counties, Cities, and Towns [Local Government Employees' Retirement System (LGERS)] and the Teachers' and State Employees' Retirement System (TSERS), to add the defined term duly acknowledged. Defines the term to mean notarized, including electronic notarization, or verified through an identity authentication service approved by the Department of State Treasurer.

Section 1.2

Amends the following statutes pertaining to the Retirement System specified to provide for payment of a member's contributions to the System in one lump sum, if the member is not eligible for a retirement benefit, when the member attains 72 years of age (currently, 70 and one-half years of age) or has ceased to be an employee of the respective System: GS 135-5(m4) (concerning TSERS); GS 128-27(m3) (concerning LGERS); GS 135-74(c1) (concerning the Judicial Retirement System); and GS 120-4.31(c1) (concerning the Legislative Retirement System). Consolidates repetitive language in each statute concerning members actively contributing to other Retirement Systems. Makes corrections to statutory cross-references and references to other Systems. Makes clarifying and technical changes to each, and makes language gender neutral. 

Effective January 1, 2021, and applies to members on or after that date. Provides that the statute that is in effect on the day the member attains 70 and one-half years of age is applicable to a member that attains age 70 and one-half on or before December 31, 2019.

Section 1.3

Amends GS 135-90, concerning the purpose of the Supplemental Retirement Income Act, to remove disability from the specified conditions triggering supplemental retirement income payments as allowed under the Internal Revenue Code.

Amends GS 135-92 to include individuals required under the Internal Revenue Code to be eligible for participation in the Supplemental Retirement Income Plan (Plan) in the Plan's stated membership eligibility, if the individuals voluntarily elect enrollment. Makes technical and clarifying changes.

Amends GS 135-94 to remove the responsibility of the Department of State Treasurer and the Plan's Board of Trustees to provide members with alternative payment options for benefit distribution from the Plan upon disability.

Section 1.4

Amends GS 147-86.70, which sets forth defined terms applicable to Article 6F, Achieving a Better Life Experience (ABLE) Program Trust. Amends the definition given for ABLE account to add a sibling to those specified individuals that may act on behalf of the account owner. Makes conforming changes to GS 147-86.71 to add a sibling as an alternative to the specified parties who must sign the ABLE account application if the contributor is not the account owner, and clarifies that a sibling appointed as signatory of the account, like other specified account administrators, has no beneficial interest in the account. Adds sibling as a defined term and defines the term to mean a brother, sister, stepbrother, or stepsister (previously, this is the definition given for the term member of the family, which has now been eliminated). Makes conforming changes to replace member of the family with sibling throughout the Article. Applies to actions taken on behalf of an ABLE account owner on or after the date the act becomes law.

Part I-B

Amends GS 135-48.8, which sets out statements of public interest on health insurance by removing references to group insurance and benefits. Makes conforming changes to GS 135-48.40.

Amends GS 135-48.40 by adding that nothing is to be construed to either permit a person to enroll, or require the State Health Plan for Teachers and State Employees (Plan) to enroll, a person in the plan when doing so would jeopardize the Plan's preferential tax exempt status as a governmental plan. 

Amends GS 135-66 by adding that the assets of the Consolidated Judicial Retirement System include employers' contributions held with the Pension Accumulation Fund and employees' contributions held in the Annuity Savings Fund. Requires that the Board of Trustees have performed an annual actuarial valuation of the System and gives it the responsibility for maintaining the System on a generally accepted actuarial basis. Requires that an actuarially determined employer contribution be calculated annually by the actuary using the specified method. Allows the Board of Trustees to adopt a contribution policy that would recommend a contribution not less than the actuarially determined employer contribution. Prohibits the recommended employer contribution rate from being less than the actuarially determined employer contribution.

Removes provisions governing the North Carolina National Guard Pension Fund from GS 127A-40(f) into new GS 127A-41 and adds the following. Specifies that the Fund is to include General Fund appropriations made to the State Treasurer and held with the Pension Accumulation Fund of the Teachers' and State Employees' Retirement System. Requires an actuarially determined employer contribution to be calculated annually by the actuary using the specified method. Allows the Board of Trustees to adopt a contribution policy that would recommend a contribution not less than the actuarially determined employer contribution. Prohibits the recommended employer contribution rate from being less than the actuarially determined employer contribution.

Amends GS 135-8 (concerning the Retirement System for Teachers and State Employees) and GS 128-30 (concerning the Retirement System for Counties, Cities and Towns) by adding that if an employer made contributions on account of a retiree subject to the contribution-based benefit cap under GS 135-8(f)(2)f and that retiree later forfeits retirement benefits under the specified statutes concerning the forfeiture of retirement benefits for committing certain felonies, then the Retirement Systems Division may provide a credit to the employer. 

Enacts new GS 135-5.5 (applicable to the Retirement System for Teachers and State Employees) and GS 128-23.1 (applicable to the Retirement System for Counties, Cities and Towns) to consider an employer as an inactive employer if the four specified criteria are met, including that the employer has no employees that qualify for membership in the System. Requires annual reporting on all employers determined to be inactive employers. 

Amends GS 159-33.1 by amending the items to be included in the semiannual report of financial information to require that it include the total revenues received from building inspections, by sources (was, by type) and the total expenditures paid from all revenues received, by object (was, by type). Effective June 30, 2020.

Amends GS 135-18.1 by removing outdated provisions. Provides that prior to retirement, any person who was a member of the North Carolina Governmental Employees' Retirement System (local system) and who becomes a member of the Retirement System for Teachers and State Employees is entitled to transfer to the system his or her credits for membership and prior service in the local system.

Repeals the following statutes: GS 135-5.2 (concerning retirement of Chapel Hill utilities and telephone employees), GS 135-13 (which specified certain laws were not repealed and concerning suspension of payments and compulsory retirement), GS 135-14 (concerning pensions of certain former teachers and State employees), GS 135-14.1 (concerning retirement benefits for certain school superintendents and assistant superintendents), GS 135-16 (employees transferred to the North Carolina State Employment Service by act of Congress), GS 135-18.3 (conditions under which amendments to the system are void), and GS 135-18.5 (provision for emergency expenses of integration of System).

Amends GS 135-16.1 by removing provisions concerning the enrollment of blind or visually impaired DHHS employees in the Teachers' and State Employees' Retirement System. Deletes outdated provisions. 

Amends GS 128-23 to refer to the levy of property taxes as authorized by GS Chapter 153A, Article 7, instead of under GS 153-65.

Amends GS 115D-25.4 by adding that the administrative costs of the North Carolina Public School Teachers' and Professional Educators' Investment Plan may be charged to members or deducted from members' accounts. 

Amends GS 135-6.1 (applicable to the Retirement System for Teachers and State Employees) and GS 128-33.1 (applicable to the Retirement System for Counties, Cities and Towns) by adding that the Retirement Systems Division of the Department of State Treasurer may disclose to employers and former employers that made a contribution for an employee or former employee to the Retirement System any information that is not public under this statute regarding that employee necessary to conduct the business of the Retirement System. 

Amends GS 135-8(f)(2)f and GS 128-30(g)(2)b to specify that the reports received under the statute are not public records. Also provides that pension-spiking reports are not public records. 

Amends GS 135-48.47 to make a local government's election to participate in the State Health Plan irrevocable. 

Amends GS 147-69.7(b)(1)f to correct a statutory cross reference. 

Amends GS 1-359(d) to make technical changes to a statutory cross reference.

Part II-A

Amends GS 135-6 to require at least once in each five-year period that the actuary completes an actuarial experience review of (was, make an actuarial investigation into) the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System for Teachers and State Employees. Adds that before undertaking each quinquennial actuarial experience review, the Board of Trustees must report to the NCGA and the Governor on 13 items concerning the Retirement System, including projections of assets, liabilities, pension debt, service costs, employee contributions, employer contributions and future contribution estimates, net amortization, benefit payments, payroll, and funded ratio for the Retirement System for each of the next 30 years based upon the then-current actuarial assumptions, including the assumed rate of return; the market value of the assets controlled by the Board of Trustees and an explanation of how the actuarial value assigned to those assets differs from the market value of those assets; and an assessment of how the changes of assumptions adopted by the Board of Trustees in the experience review affect any of the other results in the report. Allows the Retirement System Division to increase receipts from the retirement assets of the corresponding retirement system or allows the payment of costs directly from the retirement assets for payment for the administration of the required actuarial experience review, required report, and annual valuation of the assets and liabilities of the System funds.

Part II-B

Amends GS 143C-4-10 to expand upon the funds received by the Unfunded Liability Solvency Reserve to also include any funds, in an amount directed by the State Treasurer to be transferred, that meet the following: (1) the funds are the result of rebates received by the Department of State Treasurer from a company administering supplemental voluntary insurance benefits authorized under specified provisions; (2) the funds are not owed to a company administering, or individuals participating in, supplemental voluntary insurance benefits; and (3) as determined by the Board of Trustees of the Retirement System, the funds are not to be needed to pay future administrative costs of the supplemental voluntary insurance benefits.

Amends GS 135-48.5 which requires that any unencumbered balance in excess of prepaid premiums or charges in the Public Employee Health Benefit Fund at the end of each fiscal year be used in three specified ways in the specified order. Adds, as the second use, that an amount determined by the State Treasurer, subject to approval by the Board of Trustees, not to exceed 25% of any unencumbered balance remaining after providing for incurred but unpresented claims may be transferred to the Retiree Health Benefit Fund.  Amends the final allowed use, which is to improve the plan, to make it as provided by the State Treasurer, subject to approval by the Board of Trustees, instead of as provided by the General Assembly. Makes additional clarifying changes.

Amends GS 143C-4-10 by prohibiting transferring any portion of the Retiree Health Benefit Fund to the General Fund and providing that any appropriation made to the Fund does not revert.

Effective July 1, 2020.

Part III

Renames Article 1 of GS Chapter 116B as General. Recodifies GS 116B-1 as GS 116B-2.1 and places it under new Article 1A, Escheats, of GS Chapter 116B. Recodifies GS 116B-2 as GS 116B-2.2 and amends it to make conforming changes. Amends GS 116-3 and GS 29-12 to also makes conforming changes reflecting the new statute numbers.

Enacts new GS 116B-1.1, stating the state's policy to recover and transfer property to rightful owners in a way that is consistent with the interest of rightful owners. When the rightful owner cannot be determined, states that it is the policy that all benefits realized from any unclaimed or abandoned property accrue to the benefit of higher education. 

Amends GS 116B-64 to require that when property is delivered or paid to the Treasurer under GS Chapter 116B (Escheats and Abandoned Property), the Treasurer must hold it without liability for loss, as well as income or gain.

Amends GS 116B-75 by expanding upon the things that the Treasurer can call upon a person required to report, pay, or deliver property under the Chapter (or related specified individuals) to do, to also include producing reports (in addition to records), make the required payments, and make the required delivery of property.

Amends GS 116B-60 to require all abandoned property holders to filed reports electronically (was, only those holders reporting 50 or more property owners' records were required to file the report electronically). Applies to reports filed on or after July 1, 2021.

Amends GS 116B-60 to make exceptions to the requirement that amounts due to an owner may be reported in an aggregate amount without furnishing any of the specified information; those exceptions are for property subject to GS 116B-53(c)(4)(security or other equity interest in a business association, including a security entitlement unclaimed three years after the earlier of specified events), (c)(5) (debt of a business association, including debt evidenced by a matured or called bearer bond or an original issue discount bond, unclaimed three years after the date of an interest or principal payment unclaimed by the apparent owner), and (c)(5a) (any dividend, profit, distribution, interest, redemption, payment on principal, cash compensation held or owing by a business association for or to its shareholder, certificate holder, policyholder, member, bondholder, or other security holder, who has not claimed it, or corresponded in writing with the business association concerning it, within three years after the date prescribed for payment or delivery).

Amends GS 116B-63 by adding that a holder who has in good faith paid or delivered property to the Treasurer in error may request a refund, and allows the Treasurer to issue a refund after the holder has filed a form on proof of the error. Makes additional technical and clarifying changes.

Part IV

Contains the content of the previous edition.

Part V

Repeals GS 143-166.60(d)(1) which requires the Boards of Trustees of the Teachers' and State Employees' Retirement System and the Local Governmental Employees' Retirement System to promulgate rules to establish accident and sickness disability benefits under the Separate Insurance Benefit Plan for State and Local Governmental Law Enforcement Officers. 

Part VI

Includes a severability clause.

Part VII

Includes the standard effective date provision.

Intro. by Wells, Edwards, Perry.GS 29, GS 115D, GS 116B, GS 120, GS 127A, GS 128, GS 135, GS 143, GS 143C, GS 147, GS 150B, GS 159
S 811 (2019-2020) CONNECT NC PARK FACILITIES OPERATING RESERVES. Filed May 19 2020, AN ACT TO APPROPRIATE FUNDS FOR THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES FOR THE CONNECT NC PARK FACILITIES OPERATING RESERVES.

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

Modifies the appropriations provisions of the act. Previously, appropriated an unspecified amount from the General Fund to the Department of Natural and Cultural Resources (DNCR). Now, reallocates $1,828,982 in recurring funds appropriated to the Pay Plan Reserve for the 2020-21 fiscal year and appropriates the funds to DNCR to be used to fund up to 19 positions and operational needs of the previously specified parks expanded or improved through the NC Connect Bonds. Directs DNCR to transfer, by August 15, 2020, $750,000 in nonrecurring funds from the cash balance in the Parks and Recreation Trust Fund to the Division of Parks and Recreation. Appropriates the transferred funds to be used for equipment and other nonrecurring expenses for the previously specified parks expanded or improved through the NC Connect Bonds. Maintains the act's accompanying general provisions and effective date of July 1, 2020.

Intro. by Brown, Harrington, B. Jackson.APPROP
S 812 (2019-2020) AGRICULTURAL SCIENCES CENTER FUNDS. Filed May 19 2020, AN ACT TO APPROPRIATE FUNDS FOR THE AGRICULTURAL SCIENCES CENTER.

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

Modifies the appropriations provisions. Previously, appropriated an unspecified amount of recurring funds from the General Fund to the Department of Agriculture and Consumer Services (DACS) for a full-time manager for the Agricultural Sciences Center (Center) and of nonrecurring funds for 2020-21 for equipment, moving costs, and other nonrecurring expenses associated with opening the Center. Now, makes the following appropriations for the previously provided purposes.

Reallocates and appropriates $115,220 of recurring funds appropriated to the Pay Plan Reserve for the 2020-21 fiscal year to DACS, Drug and Food Division (Division), for a full-time manager position at the Center.

Directs the Department of Environmental Quality (DEQ) to transfer, by August 15, 2020, $3,783,912 in nonrecurring funds from the cash balance in the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to the Division. Appropriates the funds for the 2020-21 fiscal year to be used for equipment, moving costs, and other nonrecurring expenses associated with opening the Center.

Directs DACS to transfer, by August 15, 2020, $1,217,088 in nonrecurring funds from the cash balance of the Agricultural Development and Farmland Preservation Trust Fund, and $5 million in nonrecurring funds from the cash balance in the Expanded Gas Products Service to Agriculture Fund, to the Division. Appropriates the transferred funds for the 2020-21 fiscal year to be used for equipment, moving costs, and other nonrecurring expenses associated with opening the Center.

Maintains the act's general provisions and effective date of July 1, 2020.

Intro. by Brown, Harrington, B. Jackson.APPROP
S 814 (2019-2020) NC PROMISE TUITION PLAN FUNDS. Filed May 19 2020, AN ACT TO APPROPRIATE FUNDS FOR THE NC PROMISE TUITION PLAN.

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

Modifies the appropriations provisions. Previously, appropriated an unspecified amount of recurring funds from the General Fund to the UNC Board of Governors (UNC BOG) for 2020-21 to be allocated for the NC Promise Tuition Plan. Now, directs the following transfers to the Institutional Programs, UNC BOG budget code by August 15, 2020: (1) directs the Office of State Budget and Management (OSBM) to transfer $10 million in nonrecurring funds from the cash balance of the Education Lottery Reserve Fund; and (2) directs the Department of Public Instruction (DPI) to transfer $5 million in nonrecurring funds from the cash balance of the School Bus Replacement Fund. Appropriates the transferred funds to UNC BOG for 2020-21 for the NC Promise Tuition Plan, as previously specified. Modifies legislative intent stated for future appropriations for 2021-22 through 2024-25 for the purpose of buying down financial obligations at the previously specified institutions, increasing the intended amount of appropriations for the 2021-22 fiscal year from $5 million to $20 million in recurring funds. Maintains the act's general provisions and effective date of July 1, 2020.

Intro. by Brown, Harrington, B. Jackson.APPROP
S 816 (2019-2020) CC FUNDS/CIHS FUNDS/CR FUNDS AND OFFSETS. (NEW) Filed May 19 2020, AN ACT TO APPROPRIATE FUNDS FOR ENROLLMENT GROWTH AT NORTH CAROLINA'S COMMUNITY COLLEGES, TO APPROPRIATE FUNDS FOR ADDITIONAL COOPERATIVE INNOVATIVE HIGH SCHOOLS, TO DIRECT THE DEPARTMENT OF PUBLIC INSTRUCTION TO REPORT ON THE FUNDING FOR COOPERATIVE INNOVATIVE HIGH SCHOOLS BY DEVELOPMENT TIER AREA LOCATION, TO PLACE A MORATORIUM ON NEW COOPERATIVE INNOVATIVE HIGH SCHOOLS FOR THE 2021-2022 SCHOOL YEAR, TO LIMIT APPROVALS FOR CERTAIN NEW COOPERATIVE INNOVATIVE HIGH SCHOOLS, AND TO APPROPRIATE FUNDS FROM THE CORONAVIRUS RELIEF FUND TO BE USED TO OFFSET GENERAL FUND APPROPRIATIONS ACROSS STATE GOVERNMENT FOR ALLOWABLE EXPENDITURES.

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

Adds six legislative findings regarding community college enrollment and the impact of the COVID-19 pandemic.

Modifies the appropriations provisions and eliminates the act's general provisions that incorporated the State Budget Act and provided for the continued validity of specified 2019 legislative appropriations. Previously, appropriated an unspecified amount from the General Fund to the Community Colleges System Office (System Office) for 2020-21 to fully fund enrollment growth at the State's community colleges. Now directs the State Controller to transfer $41.5 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 Office of State Budget and Management (OSBM) for 2020-21 to be allocated to the System Office for enrollment growth in the State's community colleges. Makes the requirements and limitations set forth in Part I of SL 2020-4 applicable to the appropriated funds, and directs OSBM to include the funds transferred and appropriated in the report required under Section 1.7 of SL 2020-4. Maintains the act's effective date of July 1, 2020.

Changes the act's long title.

Intro. by Brown, Harrington, B. Jackson.APPROP

The Daily Bulletin: 2020-06-03

The Daily Bulletin: 2020-06-03

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: 2020-06-03

PUBLIC BILLS

H 158: COVID-19 NEW DRIVER RESPONSE. (NEW)

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

H 471: EXEMPT DIRECT PRIMARY CARE FROM DOI REGS. (NEW)

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

H 472: NCSU/ NC A&T MATCHING FUNDS/UMSTEAD ACT. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW)

    Senate: Sequential Referral To Judiciary Stricken
    Senate: Sequential Referral To Judiciary Stricken

H 612: DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Judiciary

H 1050: PED/LOW-PERFORMING SCHOOL DISTRICTS.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

H 1063: FUND VIPER TOWER HARDWARE UPGRADES.

    Senate: Reptd Fav

H 1071: FUNDS TO DPI FOR ADM GROWTH. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

H 1087: WATER/WASTEWATER PUBLIC ENTERPRISE REFORM. (NEW)

    House: Ruled Material
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1136: FUNDS FOR NCSSM-MORGANTON CAMPUS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

H 1187: RAISE THE AGE FUNDING. (NEW)

    Senate: Reptd Fav

H 1189: DRIVER EDUCATION COVID-19 RESPONSE.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 3
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

H 1195: SALES TAX EXEMPTION/BANKRUPTCY PROCEEDINGS.

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Finance Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 1208: FUNDING FOR WORKFORCE HOUSING LOAN PROGRAM.

    Senate: Reptd Fav

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

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

H 1229: UI PROGRAM INTEGRITY/TEMP. ABAWD TIME WAIVERS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

H 1230: EXTEND STATE OF EMERGENCY RULES/MODIFICATIONS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Cal Pursuant 32
    House: Added to Calendar
    House: Adopted

S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)

    Senate: Conf Com #2 Reported
    Senate: Placed On Cal For 06/04/2020
    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report #2 Adopted
    Senate: Conf Com #2 Reported
    Senate: Placed On Cal For 06/04/2020
    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report #2 Adopted

S 379: RETIREE AMENDMENTS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

S 390: DUPONT STATE FOREST-FINANCIAL STUDY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

S 717: PED/MILITARY OCCUPATIONAL LICENSURE.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

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

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

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

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

S 729: GSC MODERNIZE PARTITION LAWS.

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

Actions on Bills: 2020-06-03

LOCAL BILLS

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

    Senate: Reptd Fav

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

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

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

    House: Passed 1st Reading
    House: Ref to the Com on Pensions and Retirement, if favorable, Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 267: BUNCOMBE 1/4 CENT SALES TAX USE RESTRICTION.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/04/2020

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