The Daily Bulletin: 2020-06-15

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The Daily Bulletin: 2020-06-15

PUBLIC/HOUSE BILLS
H 679 (2019-2020) RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW) Filed Apr 10 2019, AN ACT TO AMEND THE RULES OF CIVIL PROCEDURE TO ALLOW FOR ELECTRONIC FILING AND SERVICE.

Senate amendment to the 3rd edition makes the following changes.

Further amends Rule 5 of the NC Rules of Civil Procedure regarding service and filing of pleadings and other papers. Adds that service of pleadings and other papers subsequent to the original complaint upon a party's attorney can be made by email to an email address of record with the court in the case. Requires the email to be sent by 5:00 p.m. on a regular business day, and if sent later, will be deemed to have been sent on the next business day.

Intro. by Zachary, Rogers, John.GS 1A
H 1063 (2019-2020) FUND VIPER TOWER HARDWARE UPGRADES. Filed May 6 2020, AN ACT TO APPROPRIATE FUNDS FOR THE PURPOSE OF UPGRADING BASE STATIONS OF THE VOICE INTEROPERABILITY PLAN FOR EMERGENCY RESPONDERS (VIPER) NETWORK.

AN ACT TO APPROPRIATE FUNDS FOR THE PURPOSE OF UPGRADING BASE STATIONS OF THE VOICE INTEROPERABILITY PLAN FOR EMERGENCY RESPONDERS (VIPER) NETWORK. SL 2020-14. Enacted June 12, 2020. Effective July 1, 2020. 

Intro. by McNeill, Boles, Davis.APPROP
H 1096 (2019-2020) UNC OMNIBUS CHANGES/UNC LAB SCHOOL FUNDS. (NEW) Filed May 14 2020, AN ACT TO MAKE VARIOUS CHANGES RELATED TO THE UNIVERSITY OF NORTH CAROLINA SYSTEM; TO DIRECT THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA TO STUDY THE FEASIBILITY OF OFFERING ACCELERATED UNDERGRADUATE DEGREE PROGRAMS AT CONSTITUENT INSTITUTIONS; AND TO PROVIDE FUNDS FOR THE UNIVERSITY OF NORTH CAROLINA LABORATORY SCHOOLS.

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

Part II

Changes the source of appropriated funds. Instead of appropriating $500,000 from the General Fund, directs a transfer of the same amount from the School Bus Replacement Fund to the UNC Board of Governors, Institutional Programs budget code, and appropriates the funds to the BOG to be used as previously specified for the UNC Teacher and Principal Preparation Laboratory School Program.

Part VII

Eliminates the proposed changes to GS 115C-5 to exclude all UNC-operated elementary and secondary schools from the definition of a public school unit. Instead, amends GS 115C-5 to exclude only the NC School of the Arts and the NC School of Science and Math operated by UNC pursuant to GS Chapter 116, Articles 4 and 29, from the definition of a public school unit.

Adds to GS 115C-5 an exclusive list of governing bodies of public schools by type.

Amends GS 115C-238.81 to require the NC Virtual Public School to provide courses at no cost to the NC School of the Arts and the NC School of Science and Math, in addition to the existing requirement to provide the same to public school units, Department of Defense schools, and schools operated by the Bureau of Indian Affairs.

Part VIII

Makes clarifying changes to proposed GS 126-5(c16) regarding the exemption set forth for UNC commissioned police officer positions from the Human Resources Act, except as provided. 

Part XII

Adds the following new content.

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. Effective July 1, 2020.

Part XIII-A

Adds the following.

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.

Makes conforming organizational changes. Changes the act's long title.

Intro. by Fraley, Clemmons, Horn.APPROP, STUDY, UNCODIFIED, GS 20, GS 115C, GS 116, GS 126, GS 143C
H 1169 (2019-2020) BIPARTISAN ELECTIONS ACT OF 2020. (NEW) Filed May 22 2020, AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS RELATED TO ELECTIONS AND TO APPROPRIATE FUNDS TO THE STATE BOARD OF ELECTIONS IN RESPONSE TO THE CORONAVIRUS PANDEMIC.

AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS RELATED TO ELECTIONS AND TO APPROPRIATE FUNDS TO THE STATE BOARD OF ELECTIONS IN RESPONSE TO THE CORONAVIRUS PANDEMIC. SL 2020-17. Enacted June 12, 2020. Effective June 12, 2020, except as otherwise provided.

Intro. by Grange, Dahle, D. Hall, Harrison.APPROP, GS 20, GS 163
H 1187 (2019-2020) RAISE THE AGE FUNDING. (NEW) Filed May 26 2020, AN ACT TO FUND CAPITAL IMPROVEMENTS AT DEPARTMENT OF PUBLIC SAFETY FACILITIES IMPLEMENTING RAISE THE AGE.

AN ACT TO FUND CAPITAL IMPROVEMENTS AT DEPARTMENT OF PUBLIC SAFETY FACILITIES IMPLEMENTING RAISE THE AGE. SL 2020-15. Enacted June 12, 2020. Effective July 1, 2020.

Intro. by Saine, Lambeth, McGrady.APPROP, UNCODIFIED, Granville, Perquimans, Rockingham

The Daily Bulletin: 2020-06-15

PUBLIC/SENATE BILLS
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.

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. SL 2020-16. Enacted June 12, 2020. Effective June 12, 2020.

Intro. by Edwards.STUDY, GS 146
S 488 (2019-2020) DMV/MV DEALER CHANGES. (NEW) Filed Apr 2 2019, AN ACT TO MAKE CHANGES TO VARIOUS DIVISION OF MOTOR VEHICLES PROCESSES.

House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

Section 1

Authorizes the Division of Motor Vehicles (DMV) to enter into agreements to use commission contractors who are under contract with the DMV for the issuance of plate and certificates to process certificates of title and renewals of vehicle registrations. Sets out requirements for the compensation rate. Specifies that DMV may only enter into these agreements with commission contractors that use the State courier service for delivery. Sets out additional requirements concerning providing supplies and guidance to the contractor, and the contractor's mailing of registration plates and stickers. Expires December 31, 2020.

Section 2

Amends GS 20-79.1 to allow DMV to enter into agreements to use commission contractors who are under contract with the DMV for the issuance of plates and certificates to distribute temporary registration plates to dealers. Sets out requirements for the compensation rate. Sets out additional requirements concerning providing supplies and guidance to the contractor. Requires DMV to, insofar as practicable, identify at least six commission contractors to enter into agreements with to make temporary registration plates more available to dealers across all of the state's geographic regions. 

Section 3

Allows an application for a notation of a security interest submitted to the DMV that is signed by a debtor to be signed by the debtor electronically without notarization if the application is submitted by a licensed or regulated lender in this state with a lienholder identification number. Provides that an application for a notation of a security interest submitted to the DMV that is signed by the secured party instead of the debtor does not require documentary evidence of the applicant's security interest in that vehicle signed by the debtor if the application is submitted by a licensed or regulated lender in this state with a lien holder identification number. Excludes application for a notation of a security interest for manufactured homes. Makes DMV immune from liability for any cause of action arising from a notation of security interest fraudulently or erroneously placed on a certificate of title for applications submitted to the DMV under this section. Provides that any entity offering an electronic signature process for applications submitted under this section assumes all responsibility and liability for the signature's accuracy. Holds DMV harmless from any liability to a claim arising from applications submitted with an inaccurate electronic signature under this section. Applies to applications for notation of security interests submitted to the DMV on or after the date that the act becomes law and before December 1, 2020.

Section 4

Amends GS 20-79.1 to require the DMV to provide methods for submitting applications and payments for temporary dealer registration plates or markers physically or electronically. Allows electronic applications to include a method for the dealer to sign electronically. Makes additional conforming and technical changes. Effective October 1, 2020, and applies to dealer applications for temporary registration plates or markers submitted on or after that date.

Section 5

Amends GS 20-288 to prohibit DMV from requiring an applicant to submit fingerprints to be used in a criminal history record check of an applicant for a license or license renewal.

Amends GS 93-8.1 by adding that nothing in the statute or GS 93B-1 authorizes 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 fingerprints or other identifying information required by the State or National Repositories of Criminal Histories as a condition of granting or renewing a license. 

Effective July 1, 2020, and applies to applications for licensure or renewal received on or after that date.

Section 6

Amends GS 20-295 by requiring that when an application for a motor vehicle dealer license renewal has been timely submitted for the license has expired, that the license remain valid for up to 30 days after expiration until the DMV grants or denies the application. Requires the DMV to to insure that its databases reflect that the license continues to be valid during that period. Makes conforming changes, including amending the statute's caption. Effective October 1, 2020, and applies to licenses that expire on or after that date. 

Amends the act's titles.

Intro. by B. Jackson, Wells, Chaudhuri.GS 20
S 595 (2019-2020) CHANGES TO REAL PROPERTY STATUTES. Filed Apr 3 2019, AN ACT TO MAKE CHANGES AND TECHNICAL CORRECTIONS TO THE GENERAL STATUTES CONCERNING REAL PROPERTY LAW, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION.

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

Part I.

Modifies proposed GS 41-61, regarding reimbursement for expenditures made on entireties property, provides that a court order, such as in an equitable distribution proceeding, controls responsibility for expenditures for the property held by tenancy in common when a tenancy by the entirety is converted to a tenancy in common by absolute divorce or otherwise.

Part II

Modifies proposed GS 41-71, regarding creation of a joint tenancy with right of survivorship, to no longer include "to them or to the survivor of them," or words of similar import to those listed, with the phrases deemed to express an intent to create a joint tenancy with right of survivorship. Also adds a new subsection to specify that new Article 6, Joint Tenancy, of GS Chapter 41 does not prohibit joint tenants from entering into any agreement with regard to the property held in joint tenancy including an agreement requiring notice to terminate the joint tenancy.

Enacts new GS 41-77 to deem citations to former statutes recodified in new Article 5 to be a citation to the recodified statute unless such construction would substantially impair the rights of a party.

Eliminates previous Part III, which enacted new GS Chapter 47I, Notice of Settlement Act, and coordinating recordation changes. Makes conforming organizational changes.

Part III

Eliminates the proposed changes to Section 4.1 of SL 2018-80, regarding the effective date and applicability of the act's provisions. Instead, modifies the Section to make Section 2.2, amending GS 47-18.3, applicable to corporate instruments under GS 47-18.3, other than mortgages and deeds, executed before, on, or after August 1, 2020 (was, effective on the date the act becomes law and did not include specificity for corporate instruments).

Changes the effective date of Section 3, containing statutory technical corrections, from the date the act becomes law to August 1, 2020.

Intro. by Daniel.GS 31A, GS 39, GS 41, GS 47, GS 161
S 599 (2019-2020) OPEN SKATING RINKS/BOWLING ALLEYS. (NEW) Filed Apr 3 2019, AN ACT TO AUTHORIZE SKATING RINKS AND BOWLING ALLEYS TO RESUME OPERATIONS AND TO MODIFY THE CAPACITY OF TEMPORARY OUTDOOR SEATING FOR FOOD AND DRINK ESTABLISHMENTS.

House committee substitute deletes the content of the 2nd edition and now provides the following.

Authorizes skating rinks or bowling alleys, as referenced in Executive Order No 141 on May 20, 2020, to open and resume operations subject to 12 requirements and limitations, including (1) that the establishment was in existence on March 10, 2020, or had a valid certificate of occupancy and business license issued by that date; (2) total indoor capacity is limited to 50% of the authorized fire capacity, less employees; (3) all employees wear a face mask and have their temperature taken daily prior to working; and (4) all personal hygiene areas and amenity services are closed except for toilets, lavatories, and lockers where social distancing is maintained. Sunsets the authorization when any applicable declaration of emergency prohibitions and restrictions expire or are otherwise terminated to allow skating rinks and bowling alleys to open for full unrestricted operation.

Subject to HB 594 becoming law, which authorizes certain gyms and fitness centers to resume operations and authorizes existing establishments to offer and operate outdoor food and drink services, amends Section 2 of that act to distinguish seating capacity requirements for outdoor food and drink service at establishments located in minor league baseball stadiums. Now sets the maximum seating capacity for establishments located in a minor league baseball stadium at 10% of the permanent seating capacity of the establishment, rather than the standard maximum set for other establishments by that act of the lesser of 50% of the current indoor seating capacity or 100 customers. Sunsets the authorization upon the later of (1) 30 days after any applicable declaration of emergency prohibitions and restrictions expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink, or (2) October 31, 2020.

Changes the act's titles.

Intro. by Edwards, Wells, Horner.UNCODIFIED
S 803 (2019-2020) CAPITAL APPROPRIATION - REPAIRS &AMP RENOVATIONS. Filed May 19 2020, AN ACT TO FUND REPAIRS AND RENOVATIONS PROJECTS FOR STATE AGENCIES AND THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA AND TO ENACT VARIOUS STATUTORY CHANGES RELATING TO FUNDING AND COMMENCING CAPITAL PROJECTS FROM THE STATE CAPITAL AND INFRASTRUCTURE FUND.

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

Mandates the following allocations of the $119 million in nonrecurring funds appropriated to the Office of State Budget and Management (OSBM) for 2020-21 by the act. Requires $2.5 million to be allocated to the Department of Natural and Cultural Resources for contextual signage for existing monuments on the State Capitol grounds and additional monuments representing the lives and contributions of African-Americans in the State, as recommended by the NC Historical Commission. Requires $1.5 million as a directed grant to the NC Freedom Monument Project, Inc. to build a sculpture park on land located between the Legislative Building and the Governor's Mansion to commemorate historic and ongoing struggles for freedom in NC and especially the enduring roles of African-Americans in the struggle for freedom in NC, subject to the Project raising $1.7 million in matching funds. Makes conforming changes to the provisions regarding the previously mandated allocations of the appropriated funds.

Intro. by Brown, Harrington, B. Jackson.APPROP, GS 143, GS 143C
S 818 (2019-2020) COMPENSATION FOR CERTAIN SCHOOL EMPLOYEES. (NEW) Filed May 19 2020, AN ACT TO PROVIDE FOR THE COMPENSATION OF CERTAIN PUBLIC SCHOOL EMPLOYEES.

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

Part II

Regarding the administration of the one-time, lump sum bonus of $350 for teachers employed in a qualifying public school unit as of October 1, 2020, requires the Department of Public Administration (DPI) to allocate funds for the bonuses for charter schools, regional schools, innovative schools, and laboratory schools on the basis of the funded average daily membership (rather than the allotted ADM) of each school.

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

The Daily Bulletin: 2020-06-15

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

Senate amendment to the 3rd edition makes the following changes.

Amends Section 2, which abolishes the office of coroner in the specified counties, to no longer include Hoke County. Makes conforming changes to the act's long title.

 

Intro. by Brewer.Avery, Bladen, Montgomery, Yadkin

The Daily Bulletin: 2020-06-15

ACTIONS ON BILLS

Actions on Bills: 2020-06-15

PUBLIC BILLS

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

    House: Ratified

H 307: MOD. UTILITY VEHICLE CLASSIFICATION. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/16/2020

H 308: REGULATORY REFORM ACT OF 2020. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate

H 425: IMPLEMENT CONNER'S LAW. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

H 635: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

H 679: RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

H 1035: 2020-2021 CALENDAR MODIFICATIONS. (NEW)

    House: Withdrawn From Com
    House: Re-ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 1050: PED/LOW-PERFORMING SCHOOL DISTRICTS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

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

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

H 1096: UNC OMNIBUS CHANGES/UNC LAB SCHOOL FUNDS. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/16/2020

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

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/16/2020

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

    Senate: Reptd Fav
    Senate: Reptd Fav

S 374: COVID-19/2020-21 SCHOOL CALENDAR START. (NEW)

    House: Withdrawn From Com
    House: Re-ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

S 380: DHHS BLOCK GRANTS. (NEW)

    House: Withdrawn From Com
    House: Re-ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House

S 419: TECHNICAL AND OTHER CHANGES. (NEW)

    House: Conf Com Appointed

S 432: OPEN RINKS, ALLEYS, VENUES, STADIUMS. (NEW)

    House: Conferees Changed

S 488: DMV/MV DEALER CHANGES. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/16/2020

S 562: THE SECOND CHANCE ACT.

    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/16/2020

S 595: CHANGES TO REAL PROPERTY STATUTES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/16/2020

S 599: OPEN SKATING RINKS/BOWLING ALLEYS. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/16/2020

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

    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/16/2020

Actions on Bills: 2020-06-15

LOCAL BILLS

H 477: FOUR-YEAR TERMS/TOWN OF BETHEL.

    Senate: Withdrawn From Com
    Senate: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate

H 1156: CASWELL CTY/REFERENDUM ON COUNTYWIDE ZONING.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

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

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/16/2020

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