Senate amendment makes the following changes to the 4th edition.
Amends Section 4.23 of SL 2020-3 (2020 COVID-19 Recovery Act), which (1) institutes a one-month separation requirement for retirement to become effective for retirees of the Teachers’ and State Employees’ Retirement System (TSERS) for individuals that retired on or after October 1, 2019, but before April 1, 2020; (2) sets forth further provisions applicable upon the expiration of the temporary changes to TSERS, including that for eligible retirees during the identified period, any time worked between March 10, 2020, and the time the changes expire is not considered work for purposes of the separation requirement; (3) provides that any earnings received between March 10, 2020, and time the changes expire are not earnings by a TSERS beneficiary law or earnings by a beneficiary of the Local Government Employees Retirement System under state law; and (4) provides that any benefits received by or paid to a law enforcement officer or retired law enforcement officer for separation allowances under Article 12D of GS Chapter 143 cannot be impacted by any work performed between March 10, 2020, and the time the changes expire. Changes the date for expiration of the Section's provisions from August 1, 2020, to August 31, 2020.
Makes conforming changes.
The Daily Bulletin: 2020-06-22
Printer-friendly: Click to view
The Daily Bulletin: 2020-06-22
Senate amendment makes the following changes to the 2nd edition.
Postpones the effective date of Section 3(b) of the act, which enacts GS 47C-2-117.1, Judicial reformation of declaration, until October 1, 2020, applicable to actions filed on or after that date (was, effective on the date the act becomes law).
Intro. by D. Hall, K. Hall, Hardister. | GS 47C |
Senate amendment makes the following changes to the 3rd edition.
Part I
Amends the proposed changes to GS 93B-15.1 regarding licensure for individuals with military training and experience and licensure by endorsement for military spouses. Deletes new subsection (l), which proposed to toll the issuance or notification time periods for boards requiring applicants to submit to a criminal background check until the board receives the completed record check.
Makes organizational and technical changes.
House amendment makes the following changes to the 2nd edition.
Part I
Regarding the supplementary grant process for the Growing Rural Economies with Access to Technology (GREAT) program, amends award guidelines to require that a recipient receiving an initial lump sum disbursement must provide proof to the Broadband Infrastructure Office (Office) that the recipient has been providing broadband service in North Carolina for at least two years (was three years).
Part III
Amends Section 3.3 of SL 2020-4 (2020 COVID-19 Recovery Act), regarding the $8 million appropriated for the GREAT Fund for supplementary project funding, to require that a recipient receiving an initial lump sum disbursement must provide proof to the Office that the recipient has been providing broadband service in North Carolina for at least two years (was three years).
The Daily Bulletin: 2020-06-22
House committee substitute makes the following changes to the 1st edition. Deletes the content of the previous edition and replaces it with the following.
Section 1
Directs the Information Technology Innovation Center (Center) to create a cybersecurity pilot program to establish and utilize public-private partnerships to provide cybersecurity support services from participating vendors to eligible counties. Requires the Center to receive proposals and establish agreements with vendors. Details vendor requirements, including that the vendor demonstrate the capability to provide services to counties designated as development tier one or tier two areas, and requiring projects and services to integrate with existing State cybersecurity infrastructure and share resulting data with the State. Requires the Center to develop criteria for eligible counties to demonstrate need and capacity to participate in the program by March 31, 2021. Annually thereafter, requires the Center to report to the specified NCGA committee and division on the program.
Section 2
Directs the Department of Information Technology (DIT) to establish a program and project management improvement pilot program as detailed in Section 2 of the act. Requires the Deputy Chief Information Officer (Deputy CIO), subject to the State Chief Information Officer's direction and approval, to adopt and oversee mandatory agency-wide standards, policies, and guidelines for program and project management; issue Departmental regulations and mandatory standards; conduct periodic and annual Departmental reviews; and establish and periodically update a five-year strategic plan for program and project management. Directs the Deputy CIO to designate a Program Management Improvement Director to be charged with implementation of mandatory program management policies and development of a written strategy for enhancing the role of program managers within the DIT, as specified. Requires the Deputy CIO to issue regulations within 270 days of July 1, 2020, addressing the the required skill set and competencies, job series, career path, and certification of program and project managers in DIT. By July 1, 2021, requires DIT to report to the specified NCGA committee and division on the pilot program. Details reporting requirements.
Section 3
Enacts GS 143B-1374, creating the Satellite-Based Broadband Grant Fund (Fund) within DIT. Provides that funds in the Fund do not revert, and that appropriated funds to the Fund are considered an information technology project for specified state law purposes.
Provides for the DIT Secretary to prescribe and accept applications and sets forth grant application requirements. Directs DIT's Broadband Infrastructure Office (Office) to award grants to applicants that will provide access to the greatest number of unserved households, as defined, to exclude households awarded a grant from the Growing Great Rural Economies with Access to Technology (GREAT) program. Grants highest priority to satellite-based providers proposing the provision of broadband service to the greatest number of unserved households situated in census tracts that have been identified as significantly unserved by the Office, even if the proposed area contains portions of households with broadband service. Defines broadband service to mean internet access service, regardless of the technology or medium used to provide the service, with transmission speeds that are equal to or greater than the requirements for the minimum performance tier and with latency equal to or lesser than the requirements for low latency, as both metrics are provided in the identified FCC report, released February 7, 2020. Caps the aggregate amount of total liability for the grants awarded at $4 million, and the total annual liability for grants awarded in a single calendar year at $2.5 million. Provides a formula for grant amounts.
Restricts grant award eligibility to the household maintaining broadband service with the grantee for at least 85% of the year the grantee seeks the award. Caps the total grant award for a single household at $500. Requires grantees to annually submit documentation to the Office for verification of eligibility of subscriptions.
Requires the Office to enter into an agreement with each grantee that meets 17 specifications, including (1) the total number of unserved households the grantee anticipates subscribing to its broadband service; (2) a guarantee that the grantee will maintain its service to the area, or another Office approved area, for at least five years; and (3) a provision describing grant measurement and administration. Requires all agreements to be reviewed by the Attorney General. Requires the agreement to be personally signed by the Attorney General to be effective against the State. Deems the agreements binding upon the State and not subject to legislative appropriations of State funds.
Authorizes the Office to reduce the grant, amend agreement terms, or terminate the agreement if the grantee breaches the agreement. Mandates termination if the Office finds that the grantee manipulated or attempted to manipulate data to increase the amount of the grant, in addition to recapturing grant funds disbursed in the corresponding year.
Requires grantees to certify availability of the proposed minimum upstream and downstream broadband speeds throughout the project area during the term of the agreement prior to any end user connection. Conditions annual disbursement upon annual certification of compliance with the agreement. Requires Office access to evidence for compliance verification.
Provides for accounting and distribution of grant funds. States legislative intent to appropriate sufficient funds to the program to meet anticipated cash requirements each fiscal year.
Requires that grantees include the proposed advertised minimum download and maximum upload speeds and subscription costs in the application for a five-year agreement. Requires annual attestation to the availability of speeds specified, or faster speeds, in the agreement, and reporting of any changes to data caps for the project that differ from the grant application.
Requires annual reporting by the grantee for the duration of the agreement. Specifies required content of the reports.
Establishes an annual reporting requirement for DIT to report to the specified NCGA committee and division, by September 1, with six required components regarding the program.
Caps the total annual liability for grants for the 2020 calendar year at $1 million.
Section 4
Amends GS 146-29.2(b1), concerning leases or interest in real property of the State for the purposes of the construction and placement of broadband infrastructure. Adds new provisions regarding determinations for dispositions made under the subsection. Requires the Department of Administration (Department) to prepare and finalize a lease agreement within four months of receiving the lease application by the controlling agency. Requires the controlling agency to coordinate with the Department in preparing a complete application package for the lease request. Requires the Department to enter into the lease pursuant to the terms of the application after four months have elapsed and the application has not been finalized.
For renewals, requires the Department to prepare and finalize the lease agreement within two months of receiving the request, and if the Department fails to do so, provides for the current lease to continue until the lease is finalized. Requires the Department to coordinate with the Department of Information Technology to develop a streamlined lease development process. Requires all State agencies including the UNC System Office to cooperate with and participate in the streamlined lease development process.
Effective July 1, 2020, and applies to applications for new leases and lease renewals on or after that date. Expires on January 1, 2025.
Section 5
Reduces the specified Fund Code for transfer to the IT Reserve Fund by $12,250,000 in nonrecurring funds for the 2020-21 fiscal year, and increases the appropriation to the Enterprise Security and Risk Management Office in that amount on a nonrecurring basis for the 2020-21 fiscal year.
Of the funds available to the Enterprise Security and Risk Management Office, makes appropriations in specified amounts for the following purposes: implementation of the cybersecurity pilot program required in Section 1 of the act, allocation to Gaston College to use to found the Carolina Cyber Network, enhancement of Statewide cybersecurity, and funding the Satellite-Based Broadband Fund.
Section 6
Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.
Provides for the continued validity of 2019 legislation appropriating funds to entities covered by the act, unless expressly repealed or amended.
Effective July 1, 2020, unless otherwise provided.
Makes conforming changes to the act's titles.
House committee substitute makes the following changes to the 2nd edition.
Deletes the 2nd edition entirely and adds the following new provisions reducing sales tax assessments against certain continuing care retirement communities and authorizing the Department of Health and Human services to seek a temporary waiver from food and nutrition services program in response to COVID-19.
Section 1(a) amends Article 9 of GS Chapter 105 to enact new GS 105-244.4B providing forgiveness of certain sales tax assessments of Continuing Care Retirement Communities (CCRC). Allows the Secretary of Revenue to forgive 75% of a sales and use tax assessment against a taxpayer who requests relief for State and local sales and use taxes and waive any penalties imposed as part of the assessment when the assessment is the result of an audit of the taxpayer by the Department of Revenue (Department), so long as all of the 8 factors listed apply. Included in the list is that the taxpayer remitted all the sales and use taxes it collected during the period, had not been directed by the Department in a prior audit to collect sales and use taxes in the circumstance that is the basis of the assessment as reflected in the written audit comments in the prior audit, and the taxpayer has not received other specific written guidance from the Department advising the taxpayer to collect sales and use taxes that are the bases of the assessments for which the taxpayer seeks reduction. Provides procedures that the taxpayer must meet for requesting the reduction. Applies to the following for a tax period ending prior to January 1, 2021: a proposed assessment or portion of a proposed assessment; an assessment that becomes collectible under GS 105-241.22; a pending request for review case; and a pending contested case hearing at the Office of Administrative Hearings. Excludes a refund for sales or use taxes that were originally collected and remitted to the Department. Holds harmless CCRC residents from whom a provider did not collect sales and use taxes at the time of the sale. Excludes an assessment attributed to failure to collect sales and use tax on items sold on or after January 1, 2021.
Section 1(b) amends GS 105-164.3 to add definitions of the following terms as those terms are defined in GS 58-64-1: continuing care, facility, provider, and resident.
Section 1(c) amends Article 5 of GS Chapter 105 to enact new GS 105-164.4L requiring providers of continuing care facilities to collect and remit sales and use tax on items sold to guests or residents who do not reside in a nursing or adult care home. Example of items for which taxes must be collected include prepared meals, alcohol, medical supplies, and laundry services. Where a provider charges a period fee that includes taxable and nontaxable items, the provider must determine the allocated price for taxable items within the fee and apply sales tax to that portion of the fee. Prohibits providers from recovering sales and use tax from residents not collected at time of sale.
Section 1(d) amends GS 58-64-25 by adding a new subsection (c) prohibiting providers of continuing care facilities from adjusting entrance fees, periodic charges, or recurring fees to recoup from residents sales and use tax not collected by the provider. Makes any provisions in continuing care contracts to the contrary unenforceable. Requires disclosure of the limitations on fee adjustments.
Section 1(e) authorizes the Revisor of Statutes to renumber subdivisions of GS 105-164.3 and make technical conforming changes consistent with the act.
Section 2 authorizes the Department of Health and Human Services to seek a temporary waiver from the US Department of Agriculture for time limits established under federal law for able-bodied adults without dependents (ABAWD) participating in the Food and Nutrition Services Program. Effective July 1, 2020 and expires one year from this date.
Section 3 provides for severability of the provisions of the act.
Changes the short and long titles of the act accordingly.
House committee substitute makes the following changes to the 2nd edition.
Eliminates previous Part II of the act, which enacted new GS 105-244.4B authorizing the Secretary of Revenue to forgive 100% of a sales and use tax assessment and penalties as the result of Department of Revenue audits of certain Continuing Care Retirement Communities (CCRCs).
Makes conforming changes to the act's titles and organization.
Intro. by Newton, Gunn. | UNCODIFIED |
Senate committee substitute to the 1st edition adds the following.
Amends GS 7A-133 to provide for one district court judicial district for Mecklenburg County, District 26, comprised of 21 district court judges, rather than eight judicial districts with the 21 judges divided between them as enacted in Section 2, SL 2018-14 (reverting to the makeup as it existed prior to SL 2018-14's enactment). Makes conforming changes to the statute and SL 2018-14. Effective January 1, 2021, and applies to elections conducted on or after that date.
Makes conforming changes to the act's titles.
Intro. by Edwards, Hise, D. Davis. | Mecklenburg, GS 7A, GS 163 |
House committee substitute makes the following changes to the 3rd edition.
Part VII. Medicaid Transformation Necessities
Section 15.1
Modifies the definition given for the term State's annual Medicaid payment as used in proposed Article 7A, Hospital Assessment Act, GS Chapter 108A. Now sets the base annual amount at $110 million, rather than $120 million, for the taxable year October 1, 2020, through September 30, 2021.
Reduces the base assessment and supplemental assessment rates set under new GS 108A-141 for the taxable year October 1, 2020, through September 30, 2021, now setting the base assessment rate at 1.94% (was 2.04%) and the supplemental assessment rate at 2.14% (was 2.32%).
Conference report makes the following changes to the 3rd edition.
Adds the following content.
Section 5
Requires the Department of Public Instruction to report to the specified NCGA committee with specified information concerning approved cooperative innovative high schools relating to development tier designations used in allocating funding, including projected adjustments for the 2021-22 fiscal year.
Section 6
Bars the State Board of Education (State Board) from approving any new applications for cooperative innovative high schools to open for the 2021-22 school year.
Section 7
Amends GS 115C-238.51A placing limitations on the Board's approval of cooperative innovative high schools. Permits the Board to conditionally approve up to three applications that request additional funds to open in a school year. Allows applicants not approved due to the new limitation to revise the application with no additional funding requested. Authorizes the Board to prioritize conditional approval of applications for schools located in local administrative units that do not already operate a school. Applies beginning with applications to open a cooperative innovative high school for the 2022-23 school year and subsequent years.
Section 8
States legislative findings regarding authorized uses of federal CARES Act funds.
Directs transfer of $645,400,000 in nonrecurring funds from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4, 2020 COVID-19 Recovery Act). Appropriates the transferred funds to the Office of State Budget and Management (OSBM) for 2020-21 to offset General Fund appropriations across State government for allowable expenditures from the Coronavirus Relief Fund. Creates the Statewide Reserve for Appropriations (Reserve) in the General Fund with this amount as the beginning balance. Requires the Reserve to have a $0 balance by December 30, 2020. Prohibits use of the funds to increase requirements for State entities. Makes the general provisions of Part I of SL 2020-4 applicable to the funds and requires OSBM to include the funds in the report required under Section 1.7 of SL 2020-4.
Maintains the act's effective date of July 1, 2020. Changes the act's titles.
Senate amendment modifies the 1st edition to confirm Eric Boyette as Secretary of the Department of Transportation. Makes conforming changes. Changes the act's long title.
Intro. by Rabon. | SENATE RES |
The Daily Bulletin: 2020-06-22
The Daily Bulletin: 2020-06-22
Actions on Bills: 2020-06-22
H 32: COLLABORATIVE LAW.
H 77: DOT 2020-2021 FY BUDGET/GOVERNANCE. (NEW)
H 258: OPEN AMUSEMENT PARKS/ARCADES/VENUES. (NEW)
H 308: REGULATORY REFORM ACT OF 2020. (NEW)
H 425: IMPLEMENT CONNER'S LAW. (NEW)
H 451: TEMP. ABAWD TIME WAIVERS. (NEW)
H 455: AMEND VARIOUS MOTOR VEHICLE LAWS. (NEW)
H 593: JCPC/DETENTION/CAA AND OTHER FEES. (NEW)
H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW)
H 612: DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW)
H 652: 2ND AMENDMENT PROTECTION ACT. (NEW)
H 686: FREEDOM TO CELEBRATE THE FOURTH OF JULY. (NEW)
H 694: DESIGNATE LEGACY AIRPORTS.
H 736: ELECTIVE SHARE-JOINT ACCOUNTS.
H 873: SYSTEM DEVELOPMENT FEE/ADU SEWER PERMIT. (NEW)
H 885: ONLY ALLOW COURTS TO CHARGE FTA FEE ONCE. (NEW)
H 902: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)
H 918: EXPEDITE PERMANENCY/DHHS REPORT SNAP/TANF. (NEW)
H 920: CONDOMINIUM ASSOCIATION CHANGES.
H 1023: CORONAVIRUS RELIEF FUND/ADDITIONS & REVISIONS (NEW).
H 1050: PED/LOW-PERFORMING SCHOOL DISTRICTS.
H 1051: HONOR LINDA JOHNSON.
H 1053: PED/MILITARY OL & AUDIOLOGY INTERSTATE COMPCT. (NEW)
H 1065: HONOR MARYANN BLACK, FORMER MEMBER.
H 1070: EMERGENCY GRANTS FOR CERTAIN MILK PRODUCERS. (NEW)
H 1080: REVENUE LAWS RECOMMENDATIONS.
H 1087: WATER/WASTEWATER PUBLIC ENTERPRISE REFORM. (NEW)
H 1096: UNC OMNIBUS CHANGES/UNC LAB SCHOOL FUNDS. (NEW)
H 1105: CORONAVIRUS RELIEF ACT 3.0. (NEW)
H 1163: GUILFORD FUNDS/CABARRUS LAND/BRUNSW SHELLFISH. (NEW)
H 1168: MURPHY BRANCH CORRIDOR REDUCTION.
H 1225: EDUCATION & TRANSPORTATION BOND ACT OF 2020.
H 1229: UI PROGRAM INTEGRITY/TEMP. ABAWD TIME WAIVERS.
S 231: AGENCY POLICY DIRECTIVES/2019-2021. (NEW)
S 284: COUNTY CYBERSEC./SATELLITE BROADBAND GRANTS. (NEW)
S 374: COVID-19/2020-21 SCHOOL CALENDAR START. (NEW)
S 395: GRACE FOR CCRC/WAIVE TIME LIMIT FOR ABAWD. (NEW)
S 488: DMV/MV DEALER CHANGES. (NEW)
S 595: CHANGES TO REAL PROPERTY STATUTES.
S 599: OPEN SKATING RINKS/BOWLING ALLEYS. (NEW)
S 706: TECHNICAL AND OTHER CHANGES. (NEW)
S 708: CPS INTAKE SCREENING/PED RECOMMENDATIONS.
S 730: THE NO PATIENT LEFT ALONE ACT.
S 733: UNC CAPITAL PROJECTS. (NEW)
S 739: PERSONAL DELIVERY DEVICE/PDD/DELIVERY ROBOTS.
Actions on Bills: 2020-06-22
H 1113: LOCAL OPTION SALES TAX/SCHOOL CONSTRUCTION. (NEW)
S 201: BOLTON, DUNN, JACKSONVILLE BOUNDARIES. (NEW)
© 2023 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.