Senate amendment makes the following changes to the 5th edition.

Part II

Modifies the following appropriations. Reduces the amount appropriated for maintenance in DOT’s 2020-21 Current Operations Highway Fund schedule from $70,777,925 to $65,715,093. Further reduces the amount appropriated for aviation in DOT’s 2020-21 Current Operations Highway Fund schedule from $13,745,222 to $8,682,390.

Part III

Reduces from $112,221,003 to $107,158,171 the amount appropriated from the Highway Fund that must be used for General Maintenance Reserve and Contract Resurfacing. Achieves this outcome by reducing the non-recurring appropriation for Contract Resurfacing from $28,055,251 to $22,992,419, with a revised net appropriation of $558,674,899 (was $563,737,731).

Further reduces from $181,921,003 to $176,858,171 designated appropriation reductions to DOT from the Highway Fund. In particular, the reduction of $8,878,022 in nonrecurring funds to Commercial Airport Funds is lowered to $3,815,190, with a revised net appropriation of $71,184,810 (was $66,121,978).

Part IV

Modifies the act’s GARVEE Bond provisions as follows. Directs DOT to continue to obligate federal funds in accordance with the Master Trust Indenture (MTI), pursuant to (i) the memorandum of agreement (MOA) reached between DOT and the Federal Highway Administration and (ii) the MTI between the State and the Master Trustee named in the MTI that secures all outstanding GARVEE Bonds. Further directs DOT, except as prohibited by the MTI or MOA, to use other legally available federal funds to fund and maintain a GARVEE/Federal Repayment Reserve Fund equal to the immediately ensuing payment of only interest, or both principal and interest, on all outstanding GARVEE Bonds. Requires DOT to use federal funds only for payment of debt service on GARVEE Bonds. Retains definition of currently existing project as a project that was in the process of design or construction as of June 1, 2020.

Modifies the proposed changes GS 136-44.2E(c) to require the Secretary of Transportation to access and use funds in the Emergency Reserve in a manner that ensures the funds are eligible for federal reimbursement (previously required the Secretary to ensure that Emergency Reserve funds were used in a manner that would not jeopardize federal reimbursements for disaster-related expenses).

Amends the proposed changes to GS 143C-6-11 to exempt personal services instead of salaries from DOT budget reductions caused by the depletion of funds allocated for snow and ice removal and emergencies. Retains the act’s other revisions to G.S. 143C-6-11, which together require DOT, in coordination with the Office of State Budget and Management (OSBM), to reduce by the same percentage the budget for every department division, grant-in-aid, and category of expenditures to pay for any unanticipated expenditures for snow and ice removal and emergencies.

Allocates $5,062,832 to Wilmington International from Commercial Airport Funds.

Corrects an internal cross-reference in Section 4.14(a).

Deletes the proposed change to GS 143B-350(B)(1) that would have allowed more than two members of the Board of Transportation to reside in the same highway division.

Substitutes “Transportation Oversight Manager” for “Director of Transportation Budget” throughout proposed GS 143C-6.11.1 (Department of Transportation Spend Plan).

Amends Section 5.5 of the act to change the title of a transferred position from “Director of Transportation Budget” to “Transportation Oversight Manager.” Eliminates the requirement that the person in that position report to the State Budget Officer. Directs the Transportation Oversight Manager to ensure that DOT executes its budget in accordance with all statutes governing DOT finances, not just the State Budget Act. Directs DOT to give full access to, and training on, all systems so that the OSBM can perform proper oversight. Previously the act directed DOT to give the Director of Transportation Budget full access to, and training on, all financial systems utilized by DOT to the extent necessary for the Director to perform his or her duties. Makes conforming changes.

Directs the OSBM, rather than the Director of Transportation Budget, to work with DOT to prepare and submit the reports required by new GS 143C-6-11(p).

Provides that, if Section 2.5 of Senate Bill 750 of the 2019 Regular Session becomes law, section 4.16 of the act is repealed. Section 4.16 allows DOT’s Ferry Division to use up to $1,146,179 to lease and operate a ferry vessel for operation between Hatteras and Ocracoke.

Requires all totals in the act to be adjusted in accordance with the amendments made.

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

Adds new Section 1A, amending GS 90A-75 to add a new subdivision (c)(6) to authorize the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board to adopt a rule establishing a fee of up to $300 for applications for authorized on-site wastewater evaluators. 

Deletes the provisions of previous Section 4, which amended GS 162A-203 to prohibit a local government from charging the State or another political subdivision a system development fee. Renumbers remaining sections of the bill accordingly.

Adds new Section 7(c) to amend the expiration date of Section 34.37(b) of SL 2017-57 to expire on June 30, 2031 (was 2021). Section 34.37 amends GS 20-85 to credit an additional 20 cents of the fees collected under specified provisions of the statute to the Mercury Pollution Prevention Fund.

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

Replaces the 1st edition entirely and adds new provisions making various changes relating to juvenile crime prevention councils, juvenile detention, misdemeanor confinement transfers for medical treatment, court appointed counsel fees, indigent defense services, criminal justice training and standards commission, radiological emergency planning fees, and to appropriate funds.

Part I. Juvenile Crime Prevention Councils

Section 1 amends GS 143B-811 to change the Department of Public Safety’s evaluation of community programs and group homes to evaluation of intensive intervention services. Defines intensive intervention services as evidence-based or research-supported community-based or residential services for juveniles designed to prevent commitment to a youth detention center or to facilitate successful community reentry following release from commitment.

Section 2 amends GS 143B-846(a) to modify appointments to county Juvenile Crime Prevention Councils to (1) authorize the appointed chief of police’s designee to serve on the council and (2) increase the age of youth representatives on the council from under the age of 18 to under the age of 21 or, in the alternative, to allow one member under the age of 18 and one member of the public representing the interests of families of at-risk juveniles. Makes other technical changes.

Section 3 amends GS 143B-849 to make technical changes to the meeting and quorum requirements for Juvenile Crime Prevention Councils.

Section 4 amends GS 143B-851 to make technical changes to the powers and duties of Juvenile Crime Prevention Councils, and require biennial rather than annual review of juvenile needs.

Section 5 recodifies and amends GS 143B-1104. Adds new subdivision (a)(5) to allow the Division of Adult Correction and Juvenile Justice (Division) to award grants for services it determines are effective for juvenile delinquency and recidivism prevention on a 2-year funding cycle. Amends subsection (c) to change reports on community demonstration programs to reports on intensive intervention services. Defines intensive intervention services as evidence-based or research-supported community-based or residential services for juveniles designed to prevent commitment to a youth detention center or to facilitate successful community reentry following commitment. Makes other technical changes.

Section 6 requires funds appropriated to the Division for the 2019-21 biennium for grants to Juvenile Crime Prevention Councils to be used for intensive intervention services. Requires the Division to conduct a competitive award process to determine the allocation of funds to counties and to select the most effective evidence-based or research-supported methods for meeting juvenile offender needs consistent with criteria enumerated in the act.

Section 7 makes Sections 1, 2, 3, and 4 effective December 1, 2020; makes Sections 5, 6, and 7 effective July 1, 2020.

Part II. Juvenile Detention

Section 8(a) amends GS 7A-109.3 by adding a new subsection (a1) requiring the clerk of superior court to furnish a signed order of commitment to a detention facility approved by the Juvenile Justice Section of the Division within 48 hours of a district court sentencing a person under the age of 18 to imprisonment and commitment.  Adds a new subsection (b1) imposing the same requirement for sentences of persons under the age of 18 imposed by a superior court.

Section 8(b) amends GS 15-6 to require persons under the age of 18 be imprisoned in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

Section 8(c) amends GS 15A-521(a) to require that pre-trial detainees under the age of 18 be committed to a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.  Makes technical conforming changes to reference personnel of the Juvenile Justice Section or personnel approved by the Section for receipt and transport of detainees under the age of 18.

Section 8(d) amends GS 15A-1301 requiring persons sentenced to imprisonment who are under the age of 18 be committed to a detention facility approved by the Juvenile Justice Section of the Division. Authorizes temporary confinement in a hold-over facility as defined in GS 7B-1501(11) pending transfer to a juvenile detention facility. Requires transport by personnel of the Juvenile Justice Section or personnel approved by the Section.

Section 8(e) amends GS 15A-1343(a1)(3) to require that, if submission to a period of confinement is imposed as a condition of community or intermediate punishment for persons under the age of 18, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

Section 8(f) amends GS 15A-1343.2(e) to require that if the Division requires an offender under the age of 18 sentenced to community punishment to submit to a period of confinement, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

Section 8(g) amends GS 15A-1343.2(f) to require that if the Section of Community Corrections requires an offender under the age of 18 sentenced to intermediate punishment to submit to a period of confinement, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

Section 8(h) amends GS 15A-1433(d2) to require that when a defendant under the age of 18 under supervision for a misdemeanor or felony offense is ordered to submit to a period of confinement for violating a condition of probation, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

Section 8(i) amends GS 15A-1344(e) to require that when a defendant under the age of 18 is ordered to submit to a continuous or noncontinuous period of confinement for violating a condition of special probation, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or to a hold-over facility.

Section 8(j) amends GS 15A-1351(a) to require that when a defendant under the age of 18 sentenced to special probation is ordered to submit to continuous or noncontinuous period(s) of confinement for violating a condition of special probation, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice or a hold-over facility as defined in GS 7B-1501(11).

Section 8(k) amends GS 15A-1352(a) to require that a person under the age of 18 sentenced to imprisonment for a misdemeanor be confined in a detention facility approved by the Juvenile Justice Section of the Division. Requires transport by personnel of the Juvenile Justice Section or personnel approved by the Section. Makes identical change to subsection (f) for persons sentenced to imprisonment for impaired driving.

Section 8(l) amends GS 148-13(a1) to specify that rules adopted by the Secretary of Public Safety for gain or loss of earned time apply to persons sentenced to confinement in a detention facility approved by the Juvenile Justice Section of the Division. Makes similar change to subsection (e) for regulations concerning earned time and good time credits.

Section 8(m) amends GS 148-32.1(e), regarding prisoners convicted of impaired driving offenses, to reference a detention facility approved by the Juvenile Justice Section of the Division.

Section 8(n) amends GS 153A-218 to prohibit persons under the age of 18 from being held in a county confinement facility unless the Juvenile Justice Section has approved the facility and there is a written agreement between the county and the Division allowing confinement of persons under the age of 18 in that county confinement facility.  Requirement is subject to holdover provisions of GS 7B-2204.

Section 8(o) amends GS 162-60(b), regarding prisoners convicted of misdemeanors, to reference a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice.

Section 8(p) makes all provisions in Section 8 effective July 1, 2020, and apply to offenses committed, sentences imposed, and any other orders of imprisonment issued on or after that date.

Part III. Statewide Misdemeanor Confinement Program Transfers for Medical Treatment.

Section 9(a) amends GS 148-19.3 to make the requirements related to health care services for county prisoners applicable to the Statewide Misdemeanor Confinement Programs under GS 148-32.1.

Section 9(b) amends GS 148-32.1(b3) to provide that a person confined in a local confinement facility who requires medical or mental health treatment may be ordered transferred to another facility for an initial period not to exceed 30 days. Deems the sheriff in the county from where the prisoner is removed responsible for transport and return, and mandates the receiving prison unit to receive the prisoner in accordance with the terms of the order of transfer. Requires the attending medical or mental health professional to assess the prisoner’s condition prior to expiration of the initial 30-day transfer period and recommend whether prisoner should remain in custody of the prison unit for continued treatment. Requires the sheriff to provide relevant information to the superior court judge to determine whether initial 30-day transfer order should be extended. Requires the superior court judge to extend the order if he or she determines that continued custody for treatment is needed and include a date certain for renewal of the order of transfer. Requires the Division to conduct reassessment and provide reassessment to the sheriff to provide to the superior court prior to expiration of the renewed order to determine whether to further extend or terminate the order of transfer. Requires prisoners to be discharged in accordance with the court order and instructions of the attending medical or mental health professional.

Section 9(c) makes all provisions in Section 9 effective July 1, 2020, and apply to all transfers on or after that date.

Part IV. Increasing Criminal Court Appointed Counsel Fee and Court Costs for Support of Indigent Defense Services and Criminal Justice Education and Training Standards Commission.

Section 10.1(a) amends GS 7A-455.1 to increase the indigent representation appointment fee paid by defendants from $60 to $75.

Section 10.1(b) amends GS 7A-304(a) by adding a new subdivision (3c) requiring a new cost of $2 to be assessed and remitted to the Office of Indigent Defense Services for representation of indigent defendants and others entitled to counsel. Amends subdivision (3b) to increase the existing cost remitted to the Department of Justice for the Criminal Justice Training and Standards Commission from $2 to $3.

Section 10.1(c) requires the Office of Indigent Defense Services to update the appointed counsel fee application forms to provide space for itemized time spent on appointed cases.

Section 10.1(d) requires the Office of Indigent Defense Services to report by March 1, 2021, to the Legislative Oversight Committee on Justice and Public Safety on implementation of rate increases to the Private Assigned Counsel Fund and modifications to fee application forms.

Section 10.1(e) appropriates to the Criminal Justice Training and Standards Commission fees collected to support the Commission for the 2020-21 fiscal year.

Section 10.1(f) appropriates to the Office of Indigent Defense Services fees collected to support the Office for the 2020-21 fiscal year.

Section 10.1(g) makes subsections (a) and (b) of Section 10.1 effective December 1, 2020, and apply to all costs assessed on or after that date; makes subsection (c) effective December 1, 2020, and apply to all appointed counsel fee application forms submitted on or after that date.

Part V. Radiological Emergency Planning

Section 11.1(a) amends GS 166A-29(a) to change the annual fee payment schedule from being due by July 31 each year to a schedule set by the Department of Public Safety.  Amends subsection (b) to clarify that the annual fee for radiation facilities must be at least $36,000, not to exceed the cost of the service provided and makes other technical conforming changes.

Section 11.1(b) makes Section 11 effective July 1, 2020, and apply to fees assessed on or after that date.

Part VI. General Effective Date

Section 12 makes the act effective when it becomes law unless otherwise provided for in the act.

Changes the short and long titles of the act.

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

Changes the act's titles.

Includes several whereas clauses setting out the history of the celebration of the 4th of July. Prohibits the Governor and any municipality or county from prohibiting parades, fireworks discharged in accordance with Article 54 of GS Chapter 14, held on July 4th, commemorating the Declaration of Independence by the United States. Provides that, notwithstanding GS 166A-19.30 and 166-31(h), relating to powers under state and local declarations of emergency, prohibits prosecution for the Class 2 misdemeanor required for violation of a declaration or executive order, merely for the act of attending or participating in a parade, or firework display discharged in accordance with Article 54 of GS Chapter 14, held on July 4th, commemorating the Declaration of Independence by the United States.

Also provides limited immunity for any act or omission alleged to have resulted in the contraction of COVID-19 during a parade or firework display discharged in accordance with Article 54 of GS Chapter 14, held on July 4th. This provision does not apply to (1) claims before the Industrial Commission seeking benefits payable under the Workers' Compensation Act, Article 1 of GS Chapter 97 or (2) claims arising later than one year after the expiration or rescission of Executive Order 116 issued March 10, 2020.

Effective when it becomes law and expires when any applicable declaration of emergency prohibitions and restrictions expire or are terminated to permit parades and firework displays on the 4th of July.

Senate committee substitute to the 3rd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following. 

Changes the act's titles.

Establishes a 90-day grace period for ABC permit renewal or registration fees for permittees prohibited from operating under Executive Order No 141, making payments due 90 days after the order is rescinded so long as the permittee notifies the ABC Commission of intent to delay payment. Allows permittees to request a refund and repay before the grace period ends.

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

Part III. Sales and Use Tax Changes

Amends GS 105-244.4A, as enacted in SL 2020-6, establishing a grace period from sales and use tax enforcement actions for the sale of certain digital property by certain continuing education and professional development providers. Adds to the qualifying conditions that the digital audio or audiovisual works must consist of education instruction required by an occupational licensing board, as an alternative to the material being approved by the board. Makes a technical correction.

Part VI. Tax Enforcement and Administration Changes

Modifies the proposed changes to GS 105-241.8 to set the statute of limitations for failure to remit trust taxes at the later of ten years after the date of the return or ten years after the taxpayer filed the return (previously, allowed for assessment at any time).

Authorizes the Department of Revenue to use up to $500,000 of the funds generated in 2020-21 from the collection assistance fee to implement Section 8.1 of SL 2019-246, regarding electronic recognition of power of attorneys.

Part VII. Extend Certain Sunsets

Extends the sunset of SL 2016-118, which provides for recovery of capital-related costs incurred by natural gas utilities for construction related to large manufacturing employers, from July 1, 2021, to July 1, 2026.

Amends GS 143B-437.62 to extend the sunset of the Economic Investment Committee's authority to award job investment development grants from January 1, 2021, to January 1, 2030.

Part VIII. Insurance Regulatory Change

Adds new Part VIII, amending GS 58-6-25 to set the annual insurance regulatory charge at 6.5%, rather than a legislatively set percentage rate. Makes clarifying changes regarding legislative intent.

Changes the act's long title.

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

Amends the Education and Transportation Bond Act of 2020, as follows.

Increases amount of bond proceeds authorized for public school capital outlay projects and repairs and renovations, $800 million, by $250 million, and for community college capital outlay projects and repairs and renovations, $200 million, by $100 million. Decreases the amount of bond proceeds authorized for public transportation infrastructure projects, $600 million, by $350 million. Makes adjustments to the schedules for the use of bond proceeds for public school projects by increasing each ADM amount. Makes conforming changes throughout.