The Daily Bulletin: 2020-06-16

The Daily Bulletin: 2020-06-16

PUBLIC/HOUSE BILLS
H 118 (2019-2020) COVID-19 LIAB. SAFE HARBOR. (NEW) Filed Feb 19 2019, AN ACT TO PROVIDE LIMITED IMMUNITY FROM LIABILITY FOR CLAIMS BASED ON TRANSMISSION OF CORONAVIRUS DISEASE 2019 (COVID-19).

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

Enacts Article 8, COVID-19 Limited Liability, of GS Chapter 99E. Grants limited civil immunity to any person against any claim for relief arising from any act or omission alleged to have resulted in the contraction of COVID-19. Defines person to mean an individual, corporation, nonprofit corporation, business trust, estate, trust, partnership, limited liability company, sole proprietorship, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or other legal entity. 

Mandates persons to provide reasonable notice of actions taken to reduce the risk of COVID-19 transmission to individuals present on premises owned or under the possession, custody or control of the person; excludes premises owned by an individual unless used in the operation of a sole proprietorship. Grants immunity to persons for failure of any individual to comply with rules, policies or guidelines contained in the notice.

Excludes from the statute's scope workers' compensation claims before the Industrial Commission.

Limits the Article's scope to claims or actions arising no later than 180 days of expiration or rescission of Executive Order 116. 

Provides that the act has no effect on immunities provided in SL 2020-3 (COVID-19 Recovery Act).

Changes the act's titles.

Intro. by Warren, Corbin, D. Hall, Potts.GS 99E
H 511 (2019-2020) NORTH CAROLINA FIRST STEP ACT. (NEW) Filed Mar 28 2019, AN ACT TO INCREASE JUDICIAL DISCRETION IN SENTENCING FOR DRUG TRAFFICKING OFFENSES.

Conference report makes the following changes to the 5th edition.

Changes the effective date of Section 2 of the bill, which amends GS 90-95(h), from December 1, 2019, to December 1, 2020.

Changes the annual requirement that the Administrative Office of the Courts publish a report on sentence modifications pursuant to new GS 90-95(j), from beginning on December 1, 2020, to beginning on December 1, 2021.

Changes the effective date of Section 4 of the bill, which authorizes motions for appropriate relief for certain convictions, from effective on December 1, 2019, and applying to sentences ordered on or before November 30, 2019, to effective on December 1, 2020, and applying to sentences ordered on or before November 30, 2020.

Changes the Department of Information Technology's reporting deadline pursuant to Section 5 from December 1, 2020, to December 1, 2021.

Intro. by Grange, Szoka, Goodwin.STUDY, GS 90
H 635 (2019-2020) P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW) Filed Apr 9 2019, AN ACT TO PROVIDE THAT THE DIVISION OF PURCHASE AND CONTRACT OF THE DEPARTMENT OF ADMINISTRATION SHALL REVIEW PROTESTS ON CONTRACTS AND RECEIVE REPORTS ON EMERGENCY PURCHASES BY STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES IF THE DOLLAR AMOUNT EXCEEDS THE EXPENDITURE BENCHMARK ESTABLISHED BY THE SECRETARY OF ADMINISTRATION; TO ELIMINATE OBSOLETE LANGUAGE RELATING TO FURNITURE CONTRACTS FROM THE GENERAL STATUTES; TO PROVIDE PROCUREMENT SIMPLIFICATION AND INCREASED ACCOUNTABILITY; TO CLARIFY PLAN REVIEW, CODE ENFORCEMENT, AND CREATE AN EXEMPTION FROM THE STATE PROPERTY FIRE INSURANCE FUND FOR CERTAIN BUILDINGS WITHIN NC GLOBAL TRANSPARK; TO CREATE A PRISON SOFTWARE MANAGEMENT PILOT PROGRAM; TO CLARIFY THE AUTHORITY OF OWNERS ASSOCIATIONS TO IMPOSE CHARGES FOR STATEMENTS OF UNPAID ASSESSMENTS; TO CLARIFY DISTRICT ATTORNEY DISCRETION IN REGISTRATION REQUIREMENT REVIEWS; AND TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY.

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

Deletes Section 4 of the bill which would have amended GS 146-27 to require written notice to the Joint Legislative Committee on Governmental Operations at least 30 days prior to disposition of State-owned real property with an appraised value of at least $25,000.

Makes conforming change to the act’s long title.

Renumbers remaining section accordingly.

Intro. by Ross, Holley.GS 143
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 #2 to the 3rd edition makes the following changes.

Modifies the proposed changes to Rule 3 of the NC Rules of Civil Procedure, regarding commencement of a civil action. Previously provided for electronic filing, if available in the county of filing, to be consistent with Rule 5 of the General Rules of Practice for the Superior and District Courts. Maintains this requirement for electronic filing and makes a distinction that only attorneys are required to file electronically when available, while self-represented litigants appropriately registered in the county's electronic filing system, are permitted to file electronically when available.

Modifies the proposed changes to Rule 5 of the NC Rules of Civil Procedure, regarding service and filing of pleadings and other papers. Now maintains the existing savings clause for failure to affix a date stamp or file stamp on any order, civil judgement, estate proceeding, or special proceeding, which was deleted in the previous edition.

Intro. by Zachary, Rogers, John.GS 1A
H 736 (2019-2020) ELECTIVE SHARE-JOINT ACCOUNTS. Filed Apr 11 2019, AN ACT TO LIMIT SPOUSAL SHARE WITH RESPECT TO JOINTLY HELD PROPERTY TO A REBUTTABLE PRESUMPTION OF IN-KIND CONTRIBUTION UNLESS OTHERWISE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE AND TO REQUIRE A FEE FOR FILING A CLAIM FOR AN ELECTIVE SHARE.

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

Postpones the effective date of Sections 2 (amending GS 30-3.4 regarding the procedure for determining elective share) and 3 (amending GS 7A-307 regarding costs of estate administration) of the act from December 1, 2019, to December 1, 2020, making the changes applicable to estates of decedents dying on or after that date.

Intro. by Zachary, Conrad, Howard.GS 7A, GS 30
H 806 (2019-2020) OPEN EXERCISE & FITNESS FACILITIES. (NEW) Filed Apr 16 2019, AN ACT TO AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS.AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS.

Senate committee substitute deletes the content of the 1st edition and instead provides the following.

Enacts Article 8, Private Pools COVID-19 Limited Liability, to GS Chapter 99E, to provide limited civil liability for community pool owners and operators, and their agents, against any claims or actions seeking damages for injury or death resulting from transmission of COVID-19 alleged to have resulted from the reopening of the community pool in accordance with applicable gubernatorial executive orders. Defines community pool to mean a privately owned community swimming pool, including without limitation a swimming pool owned or operated by a multi-unit apartment complex, homeowners' association, or condominium unit owners' association. Restricts the scope to claims or actions arising within one year of expiration or recission of Executive Order 116.

Changes the act's titles.

Intro. by Saine, Strickland.GS 99E
H 1035 (2019-2020) 2020-2021 CALENDAR MODIFICATIONS. (NEW) Filed Apr 28 2020, AN ACT TO PROVIDE ADDITIONAL MODIFICATIONS TO THE 2020-2021 SCHOOL CALENDAR TO ADDRESS EXTRAORDINARY CIRCUMSTANCES DUE TO CORONAVIRUS DISEASE 2019 (COVID-19) AND TO EXTEND THE USE OF FUNDS FOR SCHOOL NUTRITION.
House committee substitute deletes the content of the 1st edition and now provides the following.
 
Amends SL 2020-3, Section 2.1 to limit the definition of year-round school to schools with calendars adopted prior to March 1, 2020.  Modifies the attendance requirement for one of the permitted plans for a year-round school to include an average of 44 to 46 days (was, fixed at 45) followed by an average of 15 to 20 days of vacation (was, fixed at 15).
 
Changes 2020-21 school calendar provisions in SL 2020-3, Section 2.11(b)(2)c. to remove the prohibition on remote instruction days before August 24, 2020, for traditional public school, and the prohibition on remote instruction days before the sixth instructional day of a year-round or modified calendar school. Authorizes local school boards to change adopted calendars of single-track, year-round schools to vary from the permitted plan requiring 44 to 46 attendance days followed by 15 to 20 vacation days if necessary to ensure health and safety of students so long as the other existing requirements are met. 
 
Limits flexibility for local school boards to use remote instruction days as teacher workdays to those five days originally planned as part of 190-day annual calendar. Authorizes further remote instruction days that a governing board determines it needs for health and safety reasons, provided the public school unit ensures compliance with COVID-19 guidance from State health and education agencies. 
 
Amends SL 2020-4, Section 3.3(6) to limit the $75 million appropriation to Department of Public Instruction to emergency school nutrition services, rather than school nutrition services generally. Adds Summer Food Service program to expand the eligibility criteria and extends eligibility period to December 30, 2020 (was, end of 2019-2020 school year).
Intro. by Horn, Fraley, Clemmons.
H 1052 (2019-2020) PED REPORT/STUDENT FINANCIAL ASSISTANCE. Filed Apr 30 2020, AN ACT TO MAKE NECESSARY IMPROVEMENTS TO ENSURE STATE FUNDS FOR POSTSECONDARY EDUCATIONAL FINANCIAL AID PROGRAMS ARE FULLY EXPENDED AND TO GAUGE THE EFFECTIVENESS OF THOSE PROGRAMS.

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

Deletes Section 3 of the act, appropriating $700,000 in recurring funds from the General Fund to the UNC Board of Governors to be allocated to the State Education Assistance Authority (Authority) for administrative costs in the administration of the UNC Need-Based Financial Aid Program (Program).

Instead amends GS 116-25.1 by adding new subsection (c) permitting the Authority to use up to 1.5% of the funds appropriated for the Program each fiscal year for administrative costs. Makes further clarifying changes to GS 116-25.1 by adding titles to existing subsections (a) and (b) and making clear that the waiver referenced in subsection (b) is to the limitation set forth in subsection (a). Effective July 1, 2020.

Amends Section 4 of the act to require the Office of State Budget and Management to report its recommendations and associated timeline for any proposed legislative changes regarding transparency of Program administrative costs to the specified NCGA committees by October 1, 2020 (was June 30, 2020).

Makes changes to the act's long title.

Intro. by Horn, Lucas, Fraley, Clemmons.GS 116
H 1070 (2019-2020) EMERGENCY GRANTS FOR CERTAIN MILK PRODUCERS. (NEW) Filed May 12 2020, AN ACT TO PROVIDE FUNDING FOR GRANTS TO CERTAIN MILK PRODUCERS TO ALLEVIATE NEGATIVE FOOD SUPPLY CHAIN IMPACTS DUE TO THE COVID-19 PANDEMIC.

House committee substitute replaces the contents of the 1st edition with the following.

States legislative findings regarding the impacts the COVID-19 emergency has had on the dairy industry.

Directs $4,104,000 be transferred from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4, 2020 COVID-19 Recovery Act). Appropriates the funds to the Department of Agriculture and Consumer Services (DACS) for 2020-21. Provides for the availability of the funds until December 30, 2020, with unexpended funds required to revert at the end of the fiscal year. 

Allocates the funds to the NC Dairy Stabilization and Growth Fund to provide grants to either compensate eligible dairy producers for losses incurred as a result of the collapse of dairy prices or to improve the resiliency and adaptability of the dairy supply chain to future pandemics. Defines eligible producer to mean a Grade A milk producer who can demonstrate to the satisfaction of DACS that the producer is in compliance with federal Grade A milk regulations. Requires funds to comply with identified US Treasury guidance or subsequent Congressional act.

Directs DACS to develop policies and procedures for grant disbursement, including four specified requirements. Requires monthly grant payments to eligible dairy producers for any month in which the baseline price exceeds the announced price, as those terms are defined by the act. Provides for the calculation of payments based on the difference in prices and the weight produced by the producer each month beginning with April 2020 until the earlier of either the funds being expended or December 30, 2020. Caps grants at $25,000 per producer per month. Provides for partial grants or supplementation of grant funds in the event the appropriations are insufficient to make the full grant payment to each producer each month. Allows DACS to use up to 1% of funds appropriated for administrative expenses.

Makes the general provisions of Part I of SL 2020-4 applicable to the funds and requires the Office of State Budget and Management to include the funds in the report required under Section 1.7 of that act. 

Requires DACS to report to the specified NCGA committee and division by February 1, 2021, on the use of funds by grant recipients. 

Changes the act's titles.

Intro. by McNeely, Hurley, Fraley.APPROP
H 1082 (2019-2020) ABC ADMIN. PENALTIES/ALCOHOL CONSUMABLES. (NEW) Filed May 14 2020, AN ACT DIRECTING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO (I) CREATE A POLICY THAT ESTABLISHES A RATIONALE FOR ADMINISTRATIVE PENALTIES AND IMPROVES TRANSPARENCY FOR PERMITTEES AND (II) INCLUDE EFFECTIVENESS CRITERIA ON ITS WEB SITE TO EVALUATE THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AT REDUCING THE NUMBER OF REPEAT OFFENDERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE, AND TO REGULATE ALCOHOL IN MANUFACTURED FOOD PRODUCTS SUCH AS ICE CREAM, ICE POPS, AND GELATIN.

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

Clarifies that the Alcoholic Beverage Control Commission (ABC Commission)'s reporting on alleged ABC law violations is due no later than 30 days after this act becomes law for the 2019-2020 fiscal year. 

Adds the following provisions. Amends GS 18B-101 to include alcohol consumables under the definition of alcoholic beverage. Defines alcohol consumable as any manufactured and packaged ice cream, ice pop or gelatin-based food product containing at least 0.5% alcohol by volume. Further amends GS 18B-101, modifying the definitions of fortified wine, malt beverage, spirituous liquor or liquor, and unfortified wine to include any alcohol consumables. Applies to offenses committed on or after December 1, 2020.

Amends GS 18B-206 to more generally allow the ABC Commission to set standards and adopt rules for alcoholic beverages (was, specifically for malt beverages, unfortified wine, fortified wine, and spirituous liquor). Makes conforming changes. Effective December 1, 2020.

Amends GS 18B-804 concerning setting the sale price of spirituous liquor by adding (1) a charge of one cent, for non-bottled products, on each stock keeping unit containing no more than 50 milliliters and five cents on each stock keeping unit containing more than 50 milliliters; and (2) an additional charge for local boards, for non-bottled products, of one cent on each stock keeping unit containing no more than 50 milliliters and five cents on each stock keeping unit containing more than 50 milliliters. Makes conforming changes by no longer referring to those impacted charges as bottle charges. Amends GS 18B-805 by making conforming changes to the provisions concerning a local board's distribution of revenue, to refer to charges instead of bottle charges. Applies to spirituous liquor sold on or after December 1, 2020.

Makes conforming changes to the act's titles.

Intro. by Hurley, Lucas.GS 18B
H 1163 (2019-2020) GUILFORD FUNDS/CABARRUS LAND/BRUNSW SHELLFISH. (NEW) Filed May 19 2020, AN ACT TO REALLOCATE CERTAIN WATER AND SEWER FUNDING AND TO TRANSFER CERTAIN PARCELS OF THE STONEWALL JACKSON MANUAL TRAINING AND INDUSTRIAL SCHOOL PROPERTY TO THE COUNTY OF CABARRUS AND TO CREATE A PILOT PROGRAM FOR SHELLFISH CULTIVATION OR WATER COLUMN LEASES IN BRUNSWICK COUNTY.

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

Adds new Section 3 conveying the State-owned Stonewall Jackson Manual Training and Industrial School campus to Cabarrus County to be used by the county for a public purpose.  The property is conveyed for $1.00 without warranty and subject to historic preservation covenants and easements reserved to the State. The conveyance is exempt from state property disposition requirements under Article 7 of GS Chapter 146 but is subject to form of conveyance requirements under Article 16 of Chapter 146.

Adds new Section 4 requiring the Department of Administration to survey various properties located on the Stonewall Jackson Manual Training and Industrial School campus within 90 days of the act becoming law; directing the Department of Public Safety to relocate a perimeter fence within 90 days of completion of the survey; and directing the State Historic Preservation Office to coordinate with Cabarrus County on historic preservation covenants included in the deed of transfer.  Requires Council of State approval of all deed descriptions, covenants, and property restrictions made part of the property conveyance.

Adds new Section 5 requiring the Department of Administration to place certain parcels located in Cabarrus County for sale within 30 days of the act becoming law and to use the proceeds from the sale to offset expenses incurred in conveying the Stonewall Jackson Manual Training and Industrial School campus.

Adds new Section 6 authorizing the Secretary of Environmental Quality to grant shellfish cultivation leases in certain described water areas within Brunswick County as part of a pilot program.  Directs the Division of Marine Fisheries to study the advantages and disadvantages of the leases and to report to the General Assembly by January 1, 2027, and January 1, 2032.  This section is effective July 1, 2020, and expires July 1, 2032; leases granted under the pilot program terminate July 1, 2033.

Makes conforming changes to the act’s long and short titles.

Renumbers remaining section accordingly and makes the act effective when it becomes law unless otherwise specified.

Intro. by Faircloth, Hardister.UNCODIFIED, Brunswick, Cabarrus, Guilford, GS 146
H 1201 (2019-2020) LOCAL MEAT PROCESSORS GRANTS/MARKETING FUNDS. (NEW) Filed May 26 2020, AN ACT TO PROVIDE FUNDING FOR GRANTS TO SMALL AND INDEPENDENT MEAT PROCESSORS TO ALLEVIATE NEGATIVE FOOD SUPPLY CHAIN IMPACTS DUE TO THE COVID-19 PANDEMIC AND FOR TECHNOLOGY-BASED MARKETING TO RESPOND TO COVID-19 RELATED CHANGES IN CONSUMER PURCHASES OF FOOD AND TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE NORTH CAROLINA FARM ACT OF 2019-2020.

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

Adds to the legislative findings concerning the impact of the COVID-19 emergency on small livestock producers and independent meat processors, as well as consumers.

Changes the fund transfer directive to now direct the State Controller to transfer $17.7 million, rather than $25 million, from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established by SL 2020-4) for the 2019-20 fiscal year. Appropriates the transferred funds on a nonrecurring basis to the Department of Agriculture and Consumer Services (DACS) for the 2019-20 fiscal year. Maintains availability of the funds until December 30, 2020. Makes organizational changes.

Previously, required all appropriated funds to be used for grants to local meat processors. Now, allocates $15 million of the funds to provide grants and $2.7 million for technology-based marketing initiatives that support the agriculture industry, as specified.

Now more specifically authorizes DACS to provide the following three categories of grants: capacity enhancement grant, workforce development grant, and planning grant. Describes the availability and permitted uses of each grant, with capacity enhancement and workforce development grants provided to eligible meat processing facilities and planning grants available to nonprofits and higher education institutions. Maintains the eligibility requirements for facilities to receive a grant. Now allows for prioritization of projects that will create additional jobs (no longer specifying priority for projects that will create additional jobs at the facility), and requires recipients to match funds at $1 for every $2 in grant funds (previously, authorized DACS to set grant maximums and matching requirements).

Maintains the previously provided reporting requirements. Now requires the February 1, 2021, report to include the types and impacts of technology-based advertising funded by the act. 

No longer provides for the repeal of the grant program provisions if an allocation made in this act is disallowed under federal law. However, maintains the requirement for DACS to transfer the disallowed allocation as specified for ultimate transfer back to the Coronavirus Relief Reserve.

Changes the act's titles.

Intro. by Elmore, Howard.APPROP

The Daily Bulletin: 2020-06-16

PUBLIC/SENATE BILLS
S 408 (2019-2020) COLA FOR TSERS & CJRS. (NEW) Filed Mar 28 2019, AN ACT TO PROVIDE A COST OF LIVING ADJUSTMENT FOR RETIREES OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM.

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

Adds the following provisions pertaining to members of the Teachers' and State Employees' Retirement System and the Judicial Retirement System (GS 135-5 and GS 135-65, respectively).

Provides a 2% increase of the retirement allowance from and after July 1, 2020, calculated from the allowance payable on June 1, 2020, for beneficiaries whose retirement commenced on or before July 1, 2019, and prorated based upon the number of months that a retirement allowance was paid for beneficiaries whose retirement commenced after July 1, 2019, but before June 30, 2020.

Appropriates from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments (Reserve) $96 million in recurring funds for the 2020-21 fiscal year to implement the adjustment.

Effective July 1, 2020.

Changes the act's titles.

Intro. by Krawiec, Hise, Wells.GS 128, GS 135
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 amendment makes the following changes to the 3rd edition.

Subject to SB 729 (GSC Modernizing Partition Laws) becoming law, amends GS 41-56(c), as amended by SB 729 and this act, to clarify the requirements for creation of a tenancy by the entirety include that deeds or cross-deeds must be signed by the tenant in common and his or her spouse, and acknowledged before a certifying officer in accordance with GS 52-10 (defining certifying officer). Makes technical corrections.

Intro. by Daniel.GS 31A, GS 39, GS 41, GS 47
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 amendment makes the following changes to the 3rd edition.

Amends the capacity limit for establishments located in minor league baseball stadiums serving outdoor food and drink under Section 2(a)(4) of HB 594 from 10% of the permanent seating capacity of the stadium to 10% of the spectator capacity of the stadium.

Adds a new Section 3 authorizing the Governor, with the concurrence of a majority of the Council of State, to exercise emergency powers under GS 166A-19.30(b) or (c) related to skating rinks and bowling alleys under a state of emergency declared pursuant to GS Chapter 166A. Requires the Governor to contact each member of the Council of State and document that member’s concurrence, nonconcurrence, or no response. Allows the authorization to be exercised by the Governor notwithstanding the limitations on exercising emergency powers related to skating rinks and bowling alleys provided for in Section 1 of the bill.

Adds a new Section 4 requiring the Secretary of Health and Human Services or the Secretary of Environmental Quality to notify the Governor and receive the concurrence of a majority of the Council of State prior to issuing an Order of Abatement of an Imminent Hazard pursuant to GS 130A-20 related to COVID-19 requiring the closure of skating rinks and bowling alleys. Requires contact with each member of the Council of State and documentation of that member’s concurrence, nonconcurrence, or no response.

Renumbers remaining bill sections accordingly.

Intro. by Edwards, Wells, Horner.UNCODIFIED
S 808 (2019-2020) MEDICAID FUNDING ACT (NEW). Filed May 19 2020, AN ACT APPROPRIATING FUNDS FOR THE DOROTHEA DIX CAMPUS RELOCATION PROJECT AND FOR NORTH CAROLINA FAMILIES ACCESSING SERVICES THROUGH TECHNOLOGY (NC FAST); APPROPRIATING CORONAVIRUS RELIEF FUNDS FOR BEHAVIORAL HEALTH AND CRISIS SERVICES, EARLY CHILDHOOD INITIATIVES, AND COVID-19 TESTING, CONTACT TRACING, AND TRENDS TRACKING AND ANALYSIS; APPROPRIATING FUNDS FOR THE OPERATION OF THE NORTH CAROLINA MEDICAID PROGRAM AND THE IMPLEMENTATION OF MEDICAID TRANSFORMATION; AND MAKING MEDICAID TRANSFORMATION-RELATED CHANGES.

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

Increases by $50 million the amount of funding transferred from the Medicaid Transformation Reserve to the Medicaid Transformation Fund in the General Fund; funding increased from $19,420,000 to $69,420,000. Makes conforming increase to the coordinating provision authorizing a transfer of up to $69,420,000 to the Division of Health Benefits for qualifying needs related to Medicaid Transformation.

Increases the cap on total requirements for a State share from $63,120,000 to $270,000,000.

Makes a technical change.

Intro. by Brown, Harrington, B. Jackson.APPROP, GS 58, GS 105, GS 108A, GS 108D, GS 122C, GS 143C

The Daily Bulletin: 2020-06-16

The Daily Bulletin: 2020-06-16

LOCAL/SENATE BILLS
S 795 (2019-2020) LAURINBURG-MAXTON AIRPORT COMMISSION. Filed May 18 2020, AN ACT RENAMING THE LAURINBURG-MAXTON AIRPORT COMMISSION AS THE SOUTHEAST REGIONAL AIRPORT AUTHORITY, INCREASING THE MEMBERSHIP OF THE AUTHORITY'S BOARD, AND CLARIFYING THE AUTHORITY'S POWERS AND DUTIES.

AN ACT RENAMING THE LAURINBURG-MAXTON AIRPORT COMMISSION AS THE SOUTHEAST REGIONAL AIRPORT AUTHORITY, INCREASING THE MEMBERSHIP OF THE AUTHORITY'S BOARD, AND CLARIFYING THE AUTHORITY'S POWERS AND DUTIES. SL 2020-19. Enacted June 16, 2020. Effective June 16, 2020.

Intro. by McInnis.Scotland
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: 2020-06-16

PUBLIC BILLS

H 77: DOT 2020-2021 FY BUDGET/GOVERNANCE. (NEW)

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

H 118: COVID-19 LIAB. SAFE HARBOR. (NEW)

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

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

    House: Pres. To Gov. 6/16/2020

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

    House: Concurred In S Com Sub
    House: Ordered Enrolled

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 Finance. 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 Finance. 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 Finance. If fav, re-ref to Rules and Operations of the Senate

H 463: EDUCATION IN PRISONS. (NEW)

    Senate: Reptd Fav

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

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/17/2020

H 511: NORTH CAROLINA FIRST STEP ACT. (NEW)

    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    House: Conf Com Reported
    House: Cal Pursuant Rule 44(d)
    House: Placed On Cal For 06/17/2020
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted

H 593: JCPC/DETENTION/CAA AND OTHER FEES. (NEW)

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

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

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/17/2020

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

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

H 652: 2ND AMENDMENT PROTECTION ACT. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. 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 A2
    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 06/17/2020

H 736: ELECTIVE SHARE-JOINT ACCOUNTS.

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

H 806: OPEN EXERCISE & FITNESS FACILITIES. (NEW)

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

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

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

H 1035: 2020-2021 CALENDAR MODIFICATIONS. (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: Placed On Cal For 06/17/2020

H 1052: PED REPORT/STUDENT FINANCIAL ASSISTANCE.

    House: Reptd Fav Com Substitute
    House: Serial Referral To Appropriations Stricken
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/17/2020

H 1067: MODERNIZE DEBT SETTLEMENT PROHIBITION.

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

H 1070: EMERGENCY GRANTS FOR CERTAIN MILK PRODUCERS. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 1074: OMITTED MEMBERSHIP SERVICE/TSERS/LGERS.

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

H 1082: ABC ADMIN. PENALTIES/ALCOHOL CONSUMABLES. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/17/2020

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 1163: GUILFORD FUNDS/CABARRUS LAND/BRUNSW SHELLFISH. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

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

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

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

    House: Concurred In S Com Sub
    House: Ordered Enrolled

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

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

S 408: COLA FOR TSERS & CJRS. (NEW)

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Appropriations Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 562: THE SECOND CHANCE ACT.

    Senate: Concurred In H Com Sub
    Senate: Ordered Enrolled

S 595: CHANGES TO REAL PROPERTY STATUTES.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

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

    House: Amend Adopted A1
    House: Passed 2nd Reading

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

    Senate: Concurred In H Com Sub
    Senate: Ordered Enrolled

S 750: CAPITAL PROJECTS-ELIZABETH CITY STATE UNIV. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/17/2020

Actions on Bills: 2020-06-16

LOCAL BILLS

H 1151: ASHEVILLE-BUNCOMBE BD. OF TRUSTEES.

    House: Reconsidered Concurrence
    House: Conf Com Dismissed
    House: Concurred In S Amend SA1
    House: Ordered Enrolled

H 1156: CASWELL CTY/REFERENDUM ON COUNTYWIDE ZONING.

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

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

    House: Concurred In S Com Sub
    House: Ordered Enrolled

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