Legislative Reporting Service

Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of State Treasurer, Department of Transportation, Office of State Auditor, Office of State Budget and Management, State Government, Executive, State Property, Tax

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.

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. SL 2020-30. Enacted June 19, 2020. Effective June 19, 2020, except as otherwise provided.

Intro. by Presnell.

Courts/Judiciary, Motor Vehicle, Government, State Agencies, Department of Transportation, Transportation

H 258 (2019-2020) OPEN AMUSEMENT PARKS/ARCADES/VENUES. (NEW) Filed Mar 4 2019, AN ACT TO AUTHORIZE AMUSEMENT PARKS, GAMING AND BUSINESS ESTABLISHMENTS WITH VIDEO GAMES AND ARCADE GAMES, AND VENUES FOR RECEPTIONS OR PARTIES TO RESUME OPERATIONS.

Senate amendments makes the following changes to the 4th edition.

Amendment #1 expands the act's provisions to also authorize any fair or carnival that is a member of the NC Association of Agricultural Fairs to open and resume operations. Makes the requirements and restrictions applicable to amusement parks and establishments with video games and arcade games applicable to fairs and carnivals. Makes conforming changes to the executive and departmental authorities set forth in Sections 2 and 3. Modifies the effective date of Section 1, now authorizing amusement parks, establishments with video games and arcade games, and fairs and carnivals to operate, to further specify that the provisions do not expire until applicable declaration of emergency prohibitions and restrictions are terminated to also allow unrestricted mass gatherings (previously, only to allow full unrestricted operations).

Amendment #2 adds a new Section 4.5 to authorize outdoor stadiums with a spectator capacity of 12,000 or less that operates a restaurant on the premises of the stadium to open and operate food and drink service for on-premises consumption notwithstanding a state of emergency declared by the governor or a city or county related to the COVID-19 public health emergency. Stadiums allowed to open are subject to seven requirements, including: (1) that the stadium was in existence and lawfully operating with proper ABC permits on March 10, 2020; (2) outdoor food and drink service seating capacity is limited to 10% of the spectator capacity of the stadium; (3) the establishment maintains and enforces social distancing; and (4) the establishment complies with state public health regulations. Effective when the act becomes law and expires upon the later of any applicable state of emergency declaration affecting establishment operations being terminated, or October 31, 2020.

Adds new Section 4.6 and 4.7 to mirror the executive and departmental authorities described in Sections 2 and 3 to make the same provisions applicable to the outdoor stadiums described.

Intro. by Boles, McNeill.

UNCODIFIED, GS 130A, GS 166A

Business and Commerce, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Health and Human Services, Health, Public Health

H 451 (2019-2020) TEMP. ABAWD TIME WAIVERS. (NEW) Filed Mar 26 2019, AN ACT ALLOWING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SEEK A TEMPORARY WAIVER FROM THE TIME LIMITS FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS PARTICIPATING IN THE FOOD AND NUTRITION SERVICES PROGRAM IN RESPONSE TO THE COVID-19 PANDEMIC.

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

Changes the long and short titles.

Deletes the content of the previous edition and replaces it with the following.

Authorizes the Department of Health and Human Services (Department) to seek a one-year temporary waiver from the USDA for time limits established by federal law related to the food and nutrition program for able-bodied adults without dependents. The Department must submit the waiver request within nine months of the end of the federal emergency period. Prohibits the Department from seeking an additional waiver without express legislative authority.

Intro. by Potts, Zachary, White, Jarvis.

Government, State Agencies, Department of Health and Human Services, Health and Human Services, Social Services, Public Assistance

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.

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. SL 2020-26. Enacted June 19, 2020. Effective July 1, 2020.

Intro. by Hardister, Dobson, Faircloth, Clemmons.

APPROP, GS 66

Agriculture, Government, Budget/Appropriations, State Agencies, UNC System, Health and Human Services, Health

H 593 (2019-2020) JCPC/DETENTION/CAA AND OTHER FEES. (NEW) Filed Apr 3 2019, AN ACT TO MAKE VARIOUS MODIFICATIONS TO THE GENERAL STATUTES RELATED TO JUVENILE CRIME PREVENTION COUNCILS, INDIVIDUALS UNDER EIGHTEEN IN CUSTODY, THE STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM, CRIMINAL COURT FEES, AND RADIOLOGICAL EMERGENCY PLANNING FEES; TO APPROPRIATE FUNDS; TO CREATE A REGISTRY REQUIREMENT REVIEW FOR CERTAIN SEX OFFENDERS; AND TO CLARIFY DECLARATION PUBLICATION.

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

Revises the long title to refer to the misdemeanant confinement program (was, misdemeanor confinement program). Makes conforming changes throughout.

Revises several proposed changes set out in Section 8 to provide that if a juvenile who is confined in a facility turns 18 while in custody, custody of the juvenile may be transferred from the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to the appropriate sheriff. Amends the following statutes accordingly: GS 15A-521; GS 15A-1343(a1)(3); GS 15A-1343.2(e)(5) and (f)(6); GS 15A-1344(d2) and (e); GS 15A-1351(a); and GS 15A-1352(a) and (f).

Amends Section 8(c) to make further conforming changes to GS 15A-521(c)(3) regarding release orders.

Amends Section 8(l) to make technical and clarifying changes to the proposed revisions in GS 148-13 regarding earned time and good credits.

Amends Section 8(p) to extend the effective date for the revisions in Section 8 related to juvenile detention from July 1, 2020, to August 1, 2020.

Intro. by Richardson, Morey, John, Rogers.

APPROP, GS 7A, GS 15, GS 15A, GS 143B, GS 148, GS 153A, GS 162, GS 166A

Courts/Judiciary, Juvenile Law, Delinquency, Criminal Justice, Corrections (Sentencing/Probation), Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Health and Human Services, Department of Public Safety, Health and Human Services, Health, Mental Health

H 594 (2019-2020) TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW) Filed Apr 3 2019, AN ACT TO AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS WHILE ALSO SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF THE CORONAVIRUS DISEASE 2019 (COVID-19) AND TO ALLOW CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS.

The Governor vetoed the bill 6/19/20. The Governor's objections and veto message can be viewed here: https://webservices.ncleg.gov/ViewBillDocument/2019/8207/0/H594-BD-NBC-8507

Intro. by K. Hall, Howard, D. Hall, Richardson.

Alcoholic Beverage Control, Business and Commerce, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health

H 652 (2019-2020) 2ND AMENDMENT PROTECTION ACT. (NEW) Filed Apr 9 2019, AN ACT TO PROVIDE THAT A PERSON WHO HAS A CONCEALED CARRY HANDGUN PERMIT MAY CARRY A HANDGUN ON EDUCATIONAL PROPERTY THAT IS THE LOCATION OF BOTH A SCHOOL AND A PLACE OF RELIGIOUS WORSHIP AND TO ENACT THE 2ND AMENDMENT PROTECTION ACT OF 2020.

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

Revises proposed GS 14-269.2(k1), which allows a person who has a valid concealed handgun permit under Article 54B, or a person exempt from obtaining a permit to possess and carry a handgun, despite prohibitions, subject to five conditions. Amends the fourth condition to limit the described privilege to possessing and carrying a handgun on educational property outside of any time when curricular or extracurricular activities are taking place on the premises and any time when the premises are being used for school-sponsored activities (rather than used for educational, instructional, or school-sponsored activities).

Intro. by Torbett, Lewis.

GS 14

Courts/Judiciary, Criminal Justice, Criminal Law and Procedure

H 686 (2019-2020) FREEDOM TO CELEBRATE THE FOURTH OF JULY. (NEW) Filed Apr 10 2019, AN ACT TO PROTECT THE RIGHT TO CELEBRATE THE FOURTH OF JULY, IN COMMEMORATION OF THE DECLARATION OF INDEPENDENCE OF THE UNITED STATES.

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

Revises the act's provisions to limit the scope of the act to July 4th parades and fireworks displays scheduled within a period certain, 5:00 p.m. on July 1st to 5:00 p.m. on July 10th. Makes conforming changes throughout.

Additionally, prohibits denial of a reasonable permit for a parade or fireworks display by a city or municipality during the specified period. Allows denial or revocation for good cause found by the governing board, documented in writing, for permits substantially the same as those approved during the same period in 2019.

Intro. by Stevens.

Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Records and Open Meetings, State Government, Executive, Local Government

Senate Amendment #2 to the 3rd edition makes the following changes.

Revises the act's provisions to limit the scope of the act to July 4th parades and fireworks displays scheduled within a period certain, 5:00 p.m. on July 1st to 5:00 p.m. on July 10th. Makes conforming changes throughout.

Additionally, prohibits denial of a reasonable permit for a parade or fireworks display by a city or municipality during the specified period. Allows denial or revocation for good cause found by the governing board, documented in writing, for permits substantially the same as those approved during the same period in 2019.

Note: Senate Amendment #1 was withdrawn.

Intro. by Stevens.

Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Records and Open Meetings, State Government, Executive, Local Government

H 885 (2019-2020) ONLY ALLOW COURTS TO CHARGE FTA FEE ONCE. (NEW) Filed Apr 16 2019, AN ACT TO PROVIDE THAT ONLY ONE FEE MAY BE ASSESSED TO A DEFENDANT FOR FAILING TO APPEAR IN COURT IN A CRIMINAL CASE.

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

Amends GS 7A-304 to clarify that the $200 fee for failure to appear can only be assessed once in a criminal case. Effective December 1, 2020, and applies to costs assessed on or after that date.

Makes conforming changes to the act's titles.

Intro. by R. Turner, McGrady, McNeill, Faircloth.

GS 7A

Courts/Judiciary, Court System, Criminal Justice, Criminal Law and Procedure

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.

AN ACT TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC INSTRUCTION FOR INCREASED AVERAGE DAILY MEMBERSHIP IN PUBLIC SCHOOLS. SL 2020-27. Enacted June 19, 2020. Effective July 1, 2020.

Intro. by Horn, Clemmons, Fraley.

Education, Elementary and Secondary Education, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Public Instruction, Office of State Budget and Management, Office of State Controller

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.

Senate amendments make the following changes to the 5th edition.

Amendment #1

Adds new subsection (9) to GS 143-214.8 requiring the Division of Mitigation Services (Division) to include a new component focused on restoration and monitoring of projects or land acquisitions that create or restore flood storage capacity.

Adds new subsection (7) to GS 143-214.9 to authorize the Division to reduce flood risk by creating or restoring flood storage capacity in streams, wetlands, and floodplains.

Revises GS 143-214.12(a) to authorize allocation of funds from the Ecosystem Restoration Fund for issues related to flood storage capacity and mitigation of flood risk.

Revises GS 143-214.13(a) to require the Division to include information about flood storage capacity projects in required reports. Revises GS 143-214.13(b) to require the Department of Environmental Quality to maintain an inventory of property that enhances or restores flood storage capacity.

Enacts GS 143-214.11A to require that, to the extent funds are available for this purpose, basinwide plans developed pursuant to GS 143-214.10 include plans for restoration and enhancement of flood storage capacity. Directs the Division to establish an advisory board to guide program development and implementation for flood storage enhancement or restoration projects. Directs the Division to comply with procurement preferences in GS 143-214.11(i).

Makes technical changes.

Amends long title.

Amendment #2

Adds new Section 9A to the bill directing the Division of Water Infrastructure to allocate $310,000 of funds appropriated for 2020-21 to abate an imminent hazard to public health caused by damage to a specific sewer line.

Amends Section 11 to add to the water resources development projects intended to receive funds carried forward to include West Onslow CSRM and Cape Fear Lock and Dam #2 and #3 Fish Ramp. Specifies carry forward amounts. Adjusts carry forward amounts for other projects and makes conforming changes.

Intro. by Lambeth.

APPROP, STUDY, GS 143, GS 159G, GS 160A, GS 162A

Courts/Judiciary, Motor Vehicle, Environment, Environment/Natural Resources, Government, Budget/Appropriations, State Agencies, Department of Commerce, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of State Treasurer, Local Government, Health and Human Services, Health, Public Health, Public Enterprises and Utilities

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.

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

Part II

Replaces the previously proposed changes to GS 116-239.8 with the following. Amends the statute to require the Board of Governors (BOG) and the State Board of Education to jointly determine the standards for establishing the costs to local school administrative units for providing the facilities and services described for operation and maintenance of a laboratory school. Details requirements of the standards. Requires local school administrative units to provide specified facilities and services to a laboratory school upon request. Requires a memorandum of understanding between the chancellor and the local school administrative unit for operation and maintenance regarding facilities and leases, transportation costs, food services, and student support services. Details parameters for the provision of each service. Makes conforming changes to GS 116-239.11. Applies to leases and agreements entered into on or after the date the act becomes law, applying beginning with the 2021-22 school year and subsequent school years.

Changes the source and amount of appropriated funds for administrative and technical assistance related to the UNC Teacher and Principal Preparation Laboratory School Program. Now requires the BOG to transfer, by August 15, 2020, $200,000 in nonrecurring funds from the funds provided for the Future Teachers of NC program for the same previously described use for 2020-21 (previously directed a $500,000 from the School Bus Replacement Fund to the BOG, Institutional Programs budget code, and appropriated the funds to be used as previously specified).

Part V

Changes the application of the proposed changes to GS 116-209.62 regarding the NC Teaching Fellows Program, making the changes applicable to the award of forgivable loans beginning with the 2022-23 academic year, rather than the 2021-22 academic year.

Eliminates the provisions of the following previous Parts: Part VI, which amended GS 143C-8-13 regarding UNC capital projects; Part IX, which amended GS 116-143.10 regarding student fees; and Part XI, which provided for an NC Arboretum specialty plate.

Makes conforming and organizational changes, and changes the act's long title.

Intro. by Fraley, Clemmons, Horn.

APPROP, STUDY, UNCODIFIED, GS 115C, GS 116, GS 126

Business and Commerce, Courts/Judiciary, Civil, Civil Law, Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Government, Budget/Appropriations, Cultural Resources and Museums, Public Safety and Emergency Management, State Agencies, UNC System, Local Government, Transportation

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.

AN ACT TO APPROPRIATE FUNDS TO ESTABLISH AND OPERATE THE MORGANTON CAMPUS OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS. SL 2020-31. Enacted June 19, 2020. Effective July 1, 2020.

Intro. by Blackwell, Fraley, Ager, Dobson.

APPROP, GS 116

Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, UNC System, Office of State Budget and Management, State Government, State Personnel

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 3rd edition.

Regarding grants authorized to be administered by the Department of Agriculture and Consumer Services under the act, expands facility eligibility to include catfish aquaculture operations that raise and process catfish.

Intro. by Elmore, Howard.

APPROP, GS 106

Agriculture, Animals, Business and Commerce, Education, Higher Education, Government, Public Safety and Emergency Management, State Agencies, Department of Agriculture and Consumer Services

H 1208 (2019-2020) FUNDING FOR WORKFORCE HOUSING LOAN PROGRAM. Filed May 26 2020, AN ACT TO PROVIDE FUNDING FOR THE WORKFORCE HOUSING LOAN PROGRAM ADMINISTERED BY THE NORTH CAROLINA HOUSING FINANCE AGENCY.

AN ACT TO PROVIDE FUNDING FOR THE WORKFORCE HOUSING LOAN PROGRAM ADMINISTERED BY THE NORTH CAROLINA HOUSING FINANCE AGENCY. SL 2020-28. Enacted June 19, 2020. Effective July 1, 2020.

Intro. by Lambeth.

Business and Commerce, Insurance, Development, Land Use and Housing, Property and Housing, Government, Budget/Appropriations, State Agencies, Office of State Controller

The Daily Bulletin: 2020-06-19

PUBLIC/SENATE BILLS

S 374 (2019-2020) COVID-19/2020-21 SCHOOL CALENDAR START. (NEW) Filed Mar 27 2019, AN ACT TO ALLOW LOCAL BOARDS OF EDUCATION FLEXIBILITY WITH STATE BOARD OF EDUCATION APPROVAL IN THE USE OF REMOTE INSTRUCTION DURING THE FIRST WEEK OF THE 2020-2021 SCHOOL YEAR WHEN NEEDED TO ENSURE STUDENT HEALTH AND SAFETY DUE TO COVID-19.

House committee substitute makes the following changes to the 4th edition.

Part I

Adds new Section 4A, enacting identical provisions to GS Chapter 160D as those enacted in Section 4, concerning temporary event venues (GS Chapter 160D was enacted in SL 2019-111 and consolidates the local planning and development regulations of GS Chapters 160A and 153A, and generally becomes effective January 1, 2021). Makes conforming changes to GS 143-138, as amended. Effective when GS Chapter 160D becomes effective, and applies to counties with a population larger than 250,000.

Adds new Section 14A, enacting identical provisions to GS Chapter 160D as those enacted in Section 14, concerning city regulation of manufactured homes installation. Effective when GS Chapter 160D becomes effective.

Amends Section 22.5, concerning delay of payment for ABC permit renewals and registration, to specify that permittees intending to delay payment during the described period must notify the ABC Commission in writing by email or other electronic means.

Adds new Section 24.7 to change the sunset provided for Section 4.3 of SL 2020-3 (2020 COVID-19 Recovery Act), which authorizes persons to wear a mask without violating the specified prohibitions on masks on certain public and private premises if the person is wearing a mask for the purpose of ensuring the physical health or safety of the wearer or others. Now provides for expiration upon Executive Order No. 116 being rescinded, rather than August 1, 2020.

Adds new Section 24.8. Amends GS 10B-10, GS 10B-25, and GS 10B-200, as amended by SL 2020-3, extending the sunset from August 1, 2020, to March 1, 2021, regarding the authorized delay in newly commissioned notaries' requirement to take the oath of office before the register of deeds, authorizing remote video notarization, and regulating remote video witnessing.

Part II

Adds new Section 39, amending GS 105-232 to allow reinstatement of a suspended corporation or limited liability company if the entity is a recipient of the federal Paycheck Protection Program (PPP), otherwise complies with the requirements of the statute, enters into an installment agreement with the Secretary of Revenue, and pays the required fee. Provides for suspension pursuant to state law if the entity fails to make a payment under the agreement or if the agreement is terminated by the Secretary.

Changes the act's long title.

Intro. by Wells, Brown.

STUDY, GS 14, GS 20, GS 58, GS 74, GS 77, GS 78A, GS 78C, GS 83A, GS 88B, GS 97, GS 105, GS 113A, GS 115C, GS 116, GS 117, GS 130A, GS 136, GS 143, GS 143B, GS 153A, GS 159G, GS 160A, GS 160D, GS 166A

Alcoholic Beverage Control, Business and Commerce, Corporation and Partnerships, Insurance, Occupational Licensing, Courts/Judiciary, Motor Vehicle, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Education, Preschool, Elementary and Secondary Education, Environment, Environment/Natural Resources, Government, Cultural Resources and Museums, Public Safety and Emergency Management, State Agencies, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Public Safety, Department of Revenue, Department of Transportation, State Government, State Personnel, Tax, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Public Enterprises and Utilities, Transportation

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.

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. SL 2020-29. Enacted June 19, 2020. Effective June 19, 2020, except as otherwise provided.

Intro. by Wells, Johnson.

GS 120, GS 126, GS 128, GS 135, GS 143, GS 143B, GS 147

Education, Elementary and Secondary Education, Employment and Retirement, Government, APA/Rule Making, General Assembly, Public Safety and Emergency Management, State Agencies, Department of Public Safety, Department of State Treasurer, State Government, State Personnel, Local Government

S 708 (2019-2020) CPS INTAKE SCREENING/PED RECOMMENDATIONS. Filed Apr 30 2020, AN ACT TO PROHIBIT COUNTY DEPARTMENTS OF SOCIAL SERVICES FROM IMPLEMENTING CHILD PROTECTIVE SERVICES INTAKE SCREENING CRITERIA THAT IS MORE STRINGENT OR LENIENT THAN, OR IN ADDITION TO, STATE POLICY AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAKE VARIOUS POLICY CHANGES AS A MEANS TO IMPROVE THE CHILD PROTECTIVE SERVICES INTAKE SCREENING PROCESS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE, AND TO ALLOW LEGISLATORS ACCESS TO0 CONFIDENTIAL ADULT PROTECTIVE SERVICES AND CHILD PROTECTIVE SERVICES RECORDS, AND TO AUTHORIZE THE PROGRAM EVALUATION DIVISION TO STUDY THE FEASIBILITY AND EFFECTIVENESS OF IMPLEMENTING A CHILD WELFARE SIMULATION TRAINING AND CERTIFICATION PROGRAM.

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

Makes a correction to the directive regarding revision of the child protective services intake form to refer to its use to screen reports of alleged child abuse, neglect, and dependency (rather than delinquency).

Intro. by Edwards, Krawiec, Burgin.

GS 7B, GS 108A

Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Government, State Agencies, Department of Health and Human Services, Health and Human Services, Social Services, Adult Services, Child Welfare

S 720 (2019-2020) GSC CONFORMING AMENDS./2019 LAND-USE CHANGES. Filed May 13 2020, AN ACT TO COMPLETE THE CONSOLIDATION OF LAND-USE PROVISIONS INTO ONE CHAPTER OF THE GENERAL STATUTES AS DIRECTED BY S.L. 2019-111, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

AN ACT TO COMPLETE THE CONSOLIDATION OF LAND-USE PROVISIONS INTO ONE CHAPTER OF THE GENERAL STATUTES AS DIRECTED BY S.L. 2019-111, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. SL 2020-25. Enacted June 19, 2020. Effective June 19, 2020, except as otherwise provided.

Intro. by Edwards, Wells, D. Davis.

GS 6, GS 143, GS 153A, GS 160A, GS 160D, GS 168

Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Building and Construction, Land Use, Planning and Zoning, Government, Local Government

S 729 (2019-2020) GSC MODERNIZE PARTITION LAWS. Filed May 13 2020, AN ACT TO MODERNIZE THE STATUTES ON PARTITION OF PROPERTY AND TO MAKE TECHNICAL, CONFORMING, AND MODERNIZING AMENDMENTS TO THE ELECTIVE LIFE ESTATE STATUTE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

AN ACT TO MODERNIZE THE STATUTES ON PARTITION OF PROPERTY AND TO MAKE TECHNICAL, CONFORMING, AND MODERNIZING AMENDMENTS TO THE ELECTIVE LIFE ESTATE STATUTE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. SL 2020-23. Enacted June 19, 2020. Effective October 1, 2020.

Intro. by Edwards, Bryan, D. Davis.

GS 1, GS 6, GS 11, GS 29, GS 31A, GS 39, GS 41, GS 46, GS 46A, GS 93A, GS 136

Courts/Judiciary, Civil, Civil Law, Civil Procedure, Family Law, Development, Land Use and Housing, Property and Housing

S 730 (2019-2020) THE NO PATIENT LEFT ALONE ACT. Filed May 13 2020, AN ACT PROVIDING PATIENT VISITATION RIGHTS AND APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, TO DEVELOP AND DISSEMINATE TO HOSPITALS FREE INFORMATIONAL MATERIALS EXPLAINING THESE RIGHTS, AND TO APPROPRIATE FUNDS FROM THE CORONAVIRUS RELIEF FUND FOR THE NORTH CAROLINA POLICY COLLABORATORY TO CARRY OUT A STATEWIDE TESTING, TRACKING, AND TRACING INITIATIVE FOR COVID-19 RESEARCH AND BUSINESS REOPENING PURPOSES AND TO PROVIDE GRANTS TO BUSINESSES THAT CLOSED AS A RESULT OF THE COVID-19 PANDEMIC.

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

Modifies the appropriations provisions to provide for the funds appropriated for patient rights informational materials to be appropriated for 2020-21, rather than 2019-20. Additionally, makes the appropriations provisions effective July 1, 2020.

Intro. by Daniel, Perry, Krawiec.

APPROP, GS 131E

Government, Budget/Appropriations, State Agencies, Department of Health and Human Services, Health and Human Services, Health, Health Care Facilities and Providers

S 801 (2019-2020) MILITARY PRESENCE STABILIZATION FUND/FUNDING. Filed May 19 2020, AN ACT TO APPROPRIATE FUNDS TO THE MILITARY PRESENCE STABILIZATION FUND.

AN ACT TO APPROPRIATE FUNDS TO THE MILITARY PRESENCE STABILIZATION FUND. SL 2020-24. Enacted June 19, 2020. Effective July 1, 2020.

Intro. by Brown, Harrington, B. Jackson.

Government, Budget/Appropriations, State Agencies, Department of Commerce, Military and Veteran's Affairs

S 806 (2019-2020) CAPITAL APPROPRIATION - WESTERN CAROLINA UNIV. Filed May 19 2020, AN ACT TO FUND CERTAIN CAPITAL IMPROVEMENTS AT WESTERN CAROLINA UNIVERSITY.

AN ACT TO FUND CERTAIN CAPITAL IMPROVEMENTS AT WESTERN CAROLINA UNIVERSITY. SL 2020-33. Enacted June 19, 2020. Effective July 1, 2020.

Intro. by Brown, Harrington, B. Jackson.

Government, Budget/Appropriations, State Agencies, UNC System, Office of State Budget and Management

S 836 (2019-2020) STATE OPERATIONS/INCREASE FEDERAL FUNDS USE. Filed May 26 2020, AN ACT TO INCREASE THE AMOUNT OF CORONAVIRUS RELIEF FUNDS USED FOR THE CONTINUITY OF OPERATION NEEDS ACROSS STATE GOVERNMENT.

AN ACT TO INCREASE THE AMOUNT OF CORONAVIRUS RELIEF FUNDS USED FOR THE CONTINUITY OF OPERATION NEEDS ACROSS STATE GOVERNMENT. Sl 2020-32. Enacted June 19, 2020. Effective June 19, 2020.

Intro. by Brown, Harrington, B. Jackson.

Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Office of State Budget and Management

S 848 (2019-2020) COVID-19 ECONOMIC RECOVERY GRANTS. (NEW) Filed May 26 2020, AN ACT TO PROVIDE ECONOMIC SUPPORT TO BUSINESSES FOR JOB RETENTION, RECRUITMENT, AND REPATRIATION DURING AND AFTER THE COVID-19 3 PANDEMIC.

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

Modifies eligibility under the job investment grant program established in the act to exclude businesses and nonprofits that participated in the NC Rapid Recovery Loan Program provided under SL 2020-4 (2020 COVID-19 Recovery Act).

Intro. by Newton, Hise, Tillman.

Business and Commerce, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Administration, Department of Agriculture and Consumer Services, Local Government

S 862 (2019-2020) CONFIRM WANDA TAYLOR/IND. COMMISSION. Filed Jun 17 2020, A JOINT RESOLUTION CONFIRMING THE APPOINTMENT OF WANDA TAYLOR TO THE NORTH CAROLINA INDUSTRIAL COMMISSION.

Includes whereas clauses. As title indicates, appoints Wanda Taylor to the Industrial Commission for a term to begin July 1, 2020, and expiring June 30, 2026.

Intro. by Rabon.

SENATE RES

Business and Commerce

S 864 (2019-2020) 2020 BOG VACANCY ELECTION. Filed Jun 19 2020, A SENATE RESOLUTION ELECTING JIMMY DEAN CLARK TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.

Includes whereas clauses. Elects Jimmy Dean Clark to the UNC Board of Governors, effective upon adoption of the resolution, for a term ending June 30, 2021.

Intro. by Brown.

SENATE RES

Government, State Agencies, UNC System

The Daily Bulletin: 2020-06-19

LOCAL/HOUSE BILLS

H 1156 (2019-2020) CASWELL CTY/REFERENDUM ON COUNTYWIDE ZONING. Filed May 19 2020, AN ACT AUTHORIZING THE CASWELL COUNTY BOARD OF COMMISSIONERS TO CONDUCT AN ADVISORY REFERENDUM ON THE ADOPTION OF A COUNTYWIDE ZONING ORDINANCE.

AN ACT AUTHORIZING THE CASWELL COUNTY BOARD OF COMMISSIONERS TO CONDUCT AN ADVISORY REFERENDUM ON THE ADOPTION OF A COUNTYWIDE ZONING ORDINANCE. SL 2020-22. Enacted June 19, 2020. Effective June 19, 2020.

Intro. by Meyer.

Caswell