Conference report makes the following changes to the 5th edition.
Section 8
Amends Section 11.8 of SL 2016-94 by prohibiting funds appropriated by the NCGA for use by the NC Policy Collaboratory from begin used for indirect overhead costs (was, institutions receiving research funding from the Collaboratory were prohibited from charging for indirect overhead costs against any research funds received by the Collaboratory).
Adds the following new provisions.
Section 10
Changes the annual reporting deadline for permitted mine reclamation operators under GS 74-55, from July 1 to September 1. Clarifies that the annual operating fee is also due September 1. Makes conforming changes.
Section 11
Changes the annual reporting deadline for the Department of Environmental Quality (DEQ) to report on the status of solid waste management efforts, as set out in GS 130A-309.06, from January 15 to April 15. Adds to the report's required content the use of funds for Superfund cleanups and inactive hazardous site cleanups. Changes the date by which DEQ must annually report to legislators on solid waste management pursuant to GS 130A-310.10 from October 1 to April 15. Makes conforming changes to specified GS Chapter 130A statutes and Section 15.6 of SL 1999-237.
Amends Section 14.22 of SL 2013-360 to require DEQ to include the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources among those to whom it reports regarding use of funds provided to the US Army Corps of Engineers under the Long Term Dredging Memorandum of Agreement. No longer includes reporting to the Joint Legislative Commission on Governmental Operations.
Section 12
Amends GS 130A-4 to require the Secretary of Environmental Quality to enforce the rules adopted by the Environmental Management Commission pursuant to Articles 9 and 10, concerning solid waste management and drinking water, in addition to those adopted by the Public Health Commission.
Amends GS 130A-22 to require the Environmental Management Commission to adopt rules concerning the imposition of administrative penalties that are under the authority of the Secretary of Environmental Quality.
Section 13
Corrects a statutory reference in GS 130A-295.6, regarding sanitary landfills.
Section 14
Changes the annual reporting requirement of the Roanoke River Basin Bi-State Commission under GS 77-98 to include the annual audit required by GS 77-96. Makes conforming changes to GS 77-96 to align the reporting deadline with that of GS 77-98. Changes the entities reported to now include the specified NCGA committee and division and as provided by the Commonwealth of VA.
Changes the annual reporting requirement of the River Basins Advisory Commission under GS 77-117 to include the annual audit required by GS 77-115. Makes conforming changes to GS 77-115 to align the reporting deadline with that of GS 77-117. Changes the entities reported to to now include the specified NCGA committee and division and as provided by South Carolina.
Section 15
Amends GS 143-215.1 to expand the powers of the Environmental Management Commission to include issuing permits, certification, authorizations, or other approvals by electronic delivery, registered or certified mail, or any other means authorized by Rule 4 of the NC Rules of Civil Procedure.
Section 16
Expands GS 136-27.1 to include organized private water or sewer utilities serving 10,000 or fewer customers to those entitled to nonbetterment costs from the Department of Transportation for the relocation of water and sewer lines for a State transportation improvement project. Effective March 1, 2020, and applies to nonbetterment costs incurred on or after that date. Directs the Department to reimburse such costs incurred by qualifying organized private or sewer utilities after March 1, 2020.
Section 17
Directs the Environmental Management Commission to implement the UST Spill Bucket General Requirement Rule (15A NCAC 02N .0901) to allow spill buckets replaced on tanks prior to November 1, 2007, to use mechanical liquid detecting sensors for leak detection so long as specified regulations and statutory requirements are met. Requires the Commission to adopt a permanent rule consistent with this directive. Applies to spill buckets replaced on or after August 1, 2020.
Section 18
Stays the following rules adopted by the Building Code Council on March 10, 2020: 1102.7 (2018 NC Plumbing Code/Fittings), 1102.2 (2018 NC Plumbing Code/Inside Storm Drainage Conductors), 702.4 (2018 NC Plumbing Code/Fittings), and 702.1 (2018 NC Plumbing Code/Above-Ground Sanitary Drainage and Vent Pipe).
Section 19
Amends GS 143B-68 to allow a dean, department chair, program director, or equivalent of a State or regionally accredited graduate school of librarianship in North Carolina to serve on the Public Librarian Certification Commission (was, limited to the dean).
Amends GS 143B-91 to allow, rather than mandate, advisory committees established by the Public Librarian Certification Commission to advise the Secretary of Natural and Cultural Resources, the Commission, and the State Librarian. No longer refers to standing committees. Requires committees to have at leastmfour persons appointed by the committee chair, rather than at least six persons appointed by the Secretary of Natural and Cultural Resources.
Repeals GS 125-11.13, which requires certain governmental publications to be printed on acid-free paper.
Section 20
Amends GS 160D-903, regarding bona fide farms exempt from local zoning regulations. Current law classifies a building or structure used for agritourism as a bona fide farm if certain requirements are met. Amends the definition provided for agritourism to include farms and ranches that allow member hunting, fishing, and equestrian activities. Corrects a statutory cross-reference.
Section 21
Amends GS 153A-145.8 and GS 160A-203.2 to reference the definitions set forth in GS 160D-903, as amended.
Section 22
Amends GS 113-333 to require the Wildlife Resources Commission (Commission) to develop a conservation plan for the recovery of protected wild animal species as expeditiously as possible (was, using the procedures set out in Article 2A of GS Chapter 150B). Requires the draft plan to be published on the Commission's website and requires the consideration of public comment in developing and updating the species conservation plans. Removes the requirements that the conservation plan include an analysis that considers (1) the costs of measures to protect and restore the species and the impact of those measures on the local economy, units of local government, and the use and development of private property; and (2) reasonably available options for minimizing the cost and adverse economic impacts of measures to protect and restore the species.
Amends GS 113-336 to give the North Carolina Nongame Wildlife Advisory Committee the power to assist the Commission in developing conservation plans for the recovery of protected wild animal species.
Section 23
Amends GS 78A-45 and GS 78C-26 to establish state policy rendering an investor's financial information confidential and unavailable for inspection or examination by the public.
Amends GS 78A-50 and GS 78C-31 to specify that any records obtained by the Securities Administrator (Administrator) in connection with specified examinations, investigations, or actions, are not public record, unless the Administrator discloses for purposes of a civil, administrative, or criminal investigation, action, or proceeding or to a securities regulator, or local governmental law enforcement agency, to effectuate greater uniformity in securities matters. Adds that records voluntarily provided, but not required, to the Administrator on condition of nondisclosure are not public record.
Section 24
Amends GS 97-133 to deem an individual self-insurer and a group self-insurer a member of the Association Aggregate Security System upon licensure, and require payment of the initial assessment over a determined period.
Section 25
Amends GS 116-40.5 to allow teaching hospitals with an established a campus law enforcement agency to assign its campus police officers to any other facility within the teaching hospital's system network, with officers having the same authority and jurisdiction of the assigned facility, but not upon any public road or highway passing through or immediately adjoining the facility.
Section 26
Amends GS 14-258.1 to allow local confinement facilities to provide inmates with and for inmates to possess mobile phones or other wireless communications devices, subject to approval by the sheriff or other person in charge of the facility. Applies to offenses committed on or after August 1, 2020. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions.
Section 27
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.
Section 28
Amends GS 83A-13 to exempt from architectural license for the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $200,000 (was, $90,000) or the total building area does not exceed 3,000 (was, 2,500) square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $200,000 and a total project area less than 3,000 square feet.
Section 29
Amends GS 83A-2, making technical changes regarding the member appointments to the NC Board of Architecture (Board) to delete obsolete language. Additionally, requires public notice of the Board's annual meeting to be published for at least two weeks on the Board's website, rather than published at least once each week for two weeks in one or more newspapers in general circulation in the state.
Amends GS 83A-5 to require the Board to maintain and publish a roster of all architects and architectural firms holding current licenses from the Board, with copies filed with the Secretary of State and the Attorney General only (was, published at least once a year with copies also filed with other applicable State or local agencies and upon request, distributed or sold to the public). Now authorizes the Board to make the roster available on the Board's website.
Amends GS 83A-7. Modifies the qualifications for application for examination (rather than qualifications for registration) as a duly licensed architect, now requiring practical training and experience as specified by Board rules (previously, specified at least three years of such experience), and the successful completion of an accredited master or bachelor degree in architecture as specified by Board rules (previously, generally required professional education). Maintains the requirement for successful completion of a licensure examination in architecture. Concerning licensing by reciprocity, requires an individual to hold a certified record (was, a certificate of qualification) issued by the National Council of Architectural Registration Board (NCARB) in addition to holding a current architect license from another state or territory. Specifies that the Board's authority to waive the NCARB certified record requirement is in the Board's discretion.
Amends GS 83A-11 to specify that license renewal applications be transmitted, rather than mailed, as previously specified.
Section 30
Amends GS 117-28.1(a), authorizing easements owned or used by electric membership corporations to be used to supply high-speed broadband in addition to electricification. Specifies that the subsection does not have any affect on any obligation of the corporation or its wholly owned subsidiary to comply with any applicable requirements related to notice, safety, or permitting when constructing or maintaining lines or broadband fiber on, over, under, or across property owned or operated by a railroad company.
Section 31
Amends GS 160D-1106, regarding city approval of component and element design proposals, to clarify that the requirement for the submission to be completed under the valid seal of a licensed architect or licensed professional engineer only applies when required by the State Building Code.
Amends the act's titles.
The Daily Bulletin: 2020-06-25
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The Daily Bulletin: 2020-06-25
| Intro. by Dixon, Strickland, Barnes, Conrad. | GS 10B, GS 14, GS 74, GS 77, GS 78A, GS 78C, GS 83A, GS 90A, GS 97, GS 113, GS 113A, GS 116, GS 117, GS 125, GS 130A, GS 136, GS 143, GS 143B, GS 153A, GS 160A, GS 160D |
Conference report makes the following changes to the 5th edition.
Part VI
Modifies new GS 14-208.12B(a), requiring the sheriff to notify a person required to register as a sex offender of the right to petition for a judicial determination of the requirement. Specifies that notification must be served on the person and the district attorney as provided in Rule 4(j) of the NC Rules of Civil Procedure or delivered by any other means that the person consented to in writing.
Amends Section 11.5(c), requiring the State Bureau of Investigation to provide each district attorney with a list of class members residing in the district attorney’s jurisdiction who are subject to the federal court order in Grabarczyk v. Stein. Now requires an elected District Attorney to decide to handle each case or have the Attorney General handle the case. Provides that if requested by an elected District Attorney, the Attorney General must make preliminary determinations and represent the State in any proceedings created by the Section. Makes further conforming and clarifying changes.
Makes a technical correction in Section 11.5(d).
Part VII
Amends the proposed changes to GS 166A-19.31(d) requiring publication of a state of emergency declaration issued by a municipality or county to include both conspicuously posting a signed copy of the declaration on the jurisdiction’s website if the jurisdiction has one and submitting a signed copy of the declaration to the Department of Public Safety WebEOC critical incident management system, at minimum.
Part VIII
Repeals Part V of the act (Radiological Emergency Planning) if HB 635 becomes law.
Makes conforming organizational changes.
| Intro. by Richardson, Morey, John, Rogers. | GS 7A, GS 14, GS 15, GS 15A, GS 143B, GS 148, GS 153A, GS 162, GS 166A |
Conference report #2 makes the following changes to the 2nd edition.
Modifies Section 6 to remove prior amendment to GS 150B-23(a) and instead amends GS 150B-21.3 as follows. Amends subsection (b) to reference the new GS 150B-21.3B(b) which establishes procedures for legislative review of rules; deletes subsection (b1) which provided for delayed effective dates of rules; deletes subsection (b2) which established the process by which a person may object to a rule; deletes subsection (c) which authorized the Governor to make a rule effective by executive order; deletes subsection (d) which defined a legislative day and legislative day of adjournment; and amends subsection (f) to include approval of a rule by the Codifier of Rules, if applicable, for certain permanent rules.
Modifies Section 7 to remove prior provisions amending GS 150B-33(b), GS 150B-1(d)(9), and GS 108A-54.1B, and repealing GS 150B-1(d)(20), and instead enacts a new GS 150B-23.1B establishing procedures for legislative rules as follows.
Subsection (a) defines a legislative day as a day on which either house of the General Assembly is in regular session.
Subsection (b) establishes procedures for filing objections to the adoption of permanent rules. A person may object to adoption of a permanent rule by filing written comments with the agency and, if the objection is not resolved, by filing written objections to the Rules Review Commission clearly requesting review by the General Assembly in accordance with instructions posted on the Commission’s Web site pursuant to GS 150B-19.1(c)(4). If the Commission receives written objections from 10 or more persons no later than 5:00 P.M. on the day following the day the Commission approves a rule, the rule becomes effective under the delayed effective date requirements of subsection (e). Requires the Commission to notify the agency that the rule is subject to legislative rule.
Subsection (c) authorizes an agency to adopt as a temporary rule a permanent rule that is subject to legislative review if the rule would have met the criteria of GS 150B-21.1(a) at the time the notice of the rule was published in the North Carolina Register. If the rule subject to legislative review is among a group of related rules adopted by the agency at the same time, the agency may make the other rules effective under the delayed effective date requirements of subsection (e) by giving written notice to the Commission.
Subsection (d) authorizes any member of the General Assembly to introduce a bill during the first 30 legislative days of the regular session specifically disapproving a rule approved by the Commission or that has not yet become effective or has been made effective by executive order pursuant to subsection (f). Requires the bill to refer to the rule by its Administrative Code citation and state that the rule is disapproved.
Subsection (e) provides for delayed effective date of rules subject to legislative review. Rules approved by the Commission on or before December 31 become effective on the 31st legislative day of the regular session in the following calendar year unless a bill disapproving the rule is introduced before that legislative day. If a bill disapproving the rule is timely introduced, the rule becomes effective on the earlier of the day an unfavorable action is taken on the bill or August 1 of that year. Provides that a permanent rule not approved by the Commission or disapproved by a bill becoming law does not become effective.
Subsection (f) authorizes the Governor to make a permanent rule approved by the Commission effective by Executive Order subject to the delayed effective date requirements of subsection (e) where the Governor finds that the rule is necessary to protect public health, safety, or welfare. Requires the Codifier of Rules to reflect this action when entering the rule in the Administrative Code. A rule made effective by executive order remains in effect unless disapproved by the General Assembly in a bill that becomes law before August 1 of the year following the year in which the executive order is issued, and requires the Codifier of Rules to note in the Administrative Code that the rule was not disapproved by the General Assembly.
New Section 8 makes Sections 6 and 7 effective January 1, 2021 and the remainder of the act effective when it becomes law.
Makes conforming changes to the act’s long title.
Conference report #1 was withdrawn 6/25/2020.
| Intro. by Stevens, Riddell, White. | GS 150B |
Conference report makes the following changes to the 2nd edition.
Part I.
Places the act's previous content under Part I and makes the following changes.
Amends GS 143-52.1(e) by modifying the State Procurement Officer’s monthly report of contract awards to apply to contracts greater than the benchmark for delegated authority for state agencies established by the Division of Purchase and Contract pursuant to GS 143-53.1 (was, all contracts over $25,000). Deletes the previous changes and instead amends GS 143-53(a) to make identical change for Division of Purchase and Contract review of bid protests and requests for waiver of competition approval. Amends GS 143-53.1(a) limiting the delegated procurement benchmark to no greater than $100,000 and exempts UNC institutions and community colleges from this limit. Amends GS 143-57 to make conforming change to reporting requirement for emergency purchases.
Part II.
Enacts new GS 58-31-2 providing as follows. Exempts a privately owned or privately leased building that is on state land within the North Carolina Global TransPark from the application of Article 31 of GS Chapter 58 (Insuring State Property, Officials and Employees) if (1) the North Carolina Global TransPark Authority (Authority) requires the owner or lessee to obtain insurance adequate to cover fire loss to underlying and surrounding State owned real property; (2) the owner or lessee obtains and maintains adequate insurance naming the Authority and Department of Transportation as an additional insured for fire losses; and (3) the Authority discloses to the owner or lessee that the State will not reinsure that building and the building is exempt from the State Property Fire Insurance Fund coverage. Sets the minimum amount of insurance at $1 million per occurrence and $1 million aggregate per occurrence. Requires the Authority to give the Commissioner of Insurance 30 days notice that it is entering into or modifying a contract for which the exemption under this statute applies. Requires the Authority to consult with the Commissioner on the adequacy of insurance for fire losses during that period.
Amends GS 63A-24 by exempting the North Carolina Global TransPark Authority from the following: (1) Article 31 of GS Chapter 58 for buildings located on State land privately owned or privately leased that is located within the North Carolina Global TransPark, if the requirements of GS 58-31-2 are met; and (2) plan approvals by the Department of Administration for buildings, facilities, or projects located on state lands (1) privately owned or privately leased; and (2) located within the North Carolina Global TransPark.
Amends GS 143-139 which gives the Department of Administration, with respect to State buildings, general supervision of the administration and enforcement of all sections of the NC State Building Code related to plumbing, electrical systems, general building restrictions and regulations, heating and air, fire protection, and the construction of buildings generally. Exempts from this buildings, facilities, or projects on State lands within the North Carolina Global TransPark that are privately owned or privately leased. Makes conforming changes to GS 143-345.11 and to the Department's duties under GS 143-341.
Effective October 1, 2020, and applies to projects initiated or contracts entered into, renewed, or modified on or after that date.
Part III.
Transfers $1.8 million in nonrecurring funds from the Statewide Misdemeanant Confinement Fund to the Department of Public Safety (DPS), Division of Adult Correction and Juvenile Justice (Division) for 2020-21 to develop and administer a Prison Software Management Pilot Program (program), to be implemented at Bertie Correctional Institution (BCI) and Pasquotank Correctional Institution (PCI), with operation by October 15, 2020.
States the program’s purpose. Allocates the transferred funds as follows. Allocates $600,000 for deployment of an inmate tracking system at BCI and PCI, and requires the Division to retain necessary vendors and a North Carolina-based service provider by August 15, 2020, subject to specified vendor requirements. Allocates (1) $250,000 for managing program implementation, ascertaining and planning for participating companies, development of performance metrics, and development of a plan to replace the existing system, and (2) $950,000 to retain necessary vendors. Requires the Division to retain any necessary vendors for the second and third allocations by September 15, 2020, consistent with specified vendor requirements. Requires the Division to report to the specified NCGA committee by January 8, 2021, on the status of the program, and a final report to the specified NCGA joint committee by April 1, 2021. Details required content of the final report. Effective July 1, 2020, and expires on July 1, 2022.
Part IV.
Amends GS 47C-3-102 to explicitly allow unit owners’ associations to impose reasonable charges in connection with the preparation of statements of unpaid assessment up to $150 per statement or request, and an additional expedite fee up to $50 if the request is made within 48 hours of closing. Requires furnishing of the statements of unpaid assessments within 10 business days of receipt of request (current law generally allows for imposing charges for preparation of statements of unpaid assessments). Makes conforming changes to GS 47C-3-118. Makes clarifying changes.
Makes identical changes to GS 47F-3-102 and GS 47F-3-118, regarding planned community owners' associations. Makes clarifying changes.
Part V.
Subject to HB 593 becoming law, amends Section 11.5 of HB 593 to clarify that the District Attorney can petition the court for judicial review of the sex offender registration requirement upon making a preliminary determination, and notifying the person and the sheriff, that an identified individual’s out-of-state or federal conviction is substantially similar to an NC offense that would have required registration as a sex offender at the time of the offense (previously, could have been interpreted as the District Attorney, a designee, or the Office). Effective August 1, 2020.
Part VI.
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 rescission of Executive Order 116. Applies to claims arising on or after the date the act becomes law.
Makes conforming changes to the act's titles.
Senate committee substitute to the 1st edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.
Authorizes amusement parks, and gaming and business establishments with video and arcade games, to open and resume operations notwithstanding Executive Order No 141, issued on May 20, 2020, subject to 10 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and business license by that date. Restricts capacity to 50% of the authorized fire capacity. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 141.
Authorizes public playgrounds to open and resume operations notwithstanding Executive Order No 141, issued on May 20, 2020, subject to seven specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the playground have been in existence on March 10, 2020, or have a valid certificate of occupancy and business license by that date. Restricts capacity to 50% of the authorized fire capacity. Encourages visitors to wear face masks. Sets out cleaning standards and social distancing requirements. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 141.
Changes the act's titles.
| Intro. by Ross, Torbett, Szoka, Riddell. | UNCODIFIED |
Senate amendment makes the following changes to the 2nd edition.
Also authorizes fairs or carnivals that are members of the the NC Association of Agricultural Fairs to open and resume operations notwithstanding Executive Order No 141, issued on May 20, 2020, subject to same 10 specified qualifications and requirements that apply to amusement parks and gaming and business establishments with video and arcade games. Makes conforming changes to the act's long title.
| Intro. by Ross, Torbett, Szoka, Riddell. | UNCODIFIED |
Conference report makes the following changes to the 2nd edition.
Adds the following uncodified content.
Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding Executive Order No 147, issued on June 24, 2020, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and state business license by that date. Restricts capacity to 40% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 147.
Changes the act's titles.
| Intro. by Saine, Strickland. | UNCODIFIED, GS 99E |
Conference report #2 makes the following changes to the 2nd edition. Deletes the content of the 2nd edition and now provides the following.
Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding Executive Order No 147, issued on June 24, 2020, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and state business license by that date. Restricts capacity to 40% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 147.
Changes the act's titles.
Note: Conference report #1 was withdrawn 6/25/2020.
| Intro. by Saine, Strickland. | UNCODIFIED |
Conference report #3 makes the following changes to the 2nd edition. Deletes the content of the 2nd edition and now provides the following.
Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding Executive Order No 147, issued on June 24, 2020, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and state business license by that date. Restricts capacity to 40% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 147.
Changes the act's titles.
Note: Conference report #2 was withdrawn 6/25/2020. Report #3 corrects the reference to the Executive order that refers to these facilities.
| Intro. by Saine, Strickland. | UNCODIFIED |
Conference report makes the following changes to the 6th edition.
Part IV
Increases the amount of funds the Department of Environmental Quality is directed to transfer from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to the Division of Water Resources, by August 15, 2020, from $12,283,657 to $15,799,314. Eliminates the directive requiring a fund transfer from the Film and Entertainment Grant Fund to the Division. Instead, appropriates $15 million in nonrecurring funds from the General Fund to DEQ to be allocated to the Division. Now provides that the funds are to provide a State match for an estimated $89,396,979 (was $82,396,979) in federal funds for the specified water development projects. Expands the list of projects to include NRCS EQIP/Stream Restoration, State-Local Projects (WRD Grant Program), and Water Resources Planning (SL 2010-143), with coordinating specified amounts. Additionally increases the amount of intended funds carried forward to supplement the listed projects from $24,567,314 to $30,799,314. Adds the same three projects and provides coordinating carried forward amounts. Makes conforming and technical changes.
Makes technical changes to proposed GS 143-214.11A concerning flood storage capacity restoration and enhancement.
Makes technical changes to the act's organization.
Establishes House Select Committee on Combating Systemic Racism (Committee). Requires the Speaker to appoint a total of 28 members, with 14 members from the majority party and another 14 from a list of 18 minority party members recommended by the Minority Leader. Directs the committee to study issues related to combating systemic racism in the following areas: (i) criminal justice, (ii) State government operations, (iii) economic opportunities, (iv) education, (v) health, and (vi) housing. Provides for Committee meetings, operation and staffing. Allows the Committee to meet during NCGA interims and recesses. Mandates that the Committee submit its findings and recommendations to the General Assembly no later than December 31, 2020. Dissolves the Committee upon the submission of its report or December 31, 2020, whichever comes first.
| Intro. by Logan, K. Smith, Hawkins, Garrison. | HOUSE RES |
The Daily Bulletin: 2020-06-25
Conference report makes the following changes to the 3rd edition.
Modifies Section 2 by deleting adjustments to Coronavirus Relief Funds allocated to the Department of Public Instruction (Department) in Section 3.3 of SL 2020-4 to fund the School Psychologists Recruitment and Retention Pilot Program and the provision establishing the pilot program, and instead directs that up to $1.8 million of the funds appropriated to the Department for fiscal year 2020-2021 for the Digital Learning Plan shall be used solely to purchase software licenses from the vendor providing the digital literacy curriculum. Makes this section effective July 1, 2020.
Adds new Section 10 amending Article 39 of GS Chapter 115C by enacting a new Part 5, establishing COVID-19 immunity for nonpublic schools. New GS 115C-567.10 defines the terms claim, COVID-19, COVID-19 emergency declaration, COVID-19 essential business executive order, individual, and nonpublic school as those terms are used in the Part. New GS 115C-567.11 grants immunity to nonpublic schools for claims related to tuition or fees paid for the 2019-2020 academic year if the claim alleges losses or damages by acts or omissions of the nonpublic school in response to COVID-19, the alleged acts or omissions by the nonpublic school were reasonably related to responding to COVID-19 emergency declarations, essential business executive orders, or CDC guidance, and the nonpublic school offered remote learning options that allowed students to complete the academic year. Losses or damages resulting solely from breach of a contractual provision allocating liability in the event of a pandemic, or which are due bad faith or malicious acts or omissions by the nonpublic school are exempt from immunity under the statute. New GS 115C-567.12 makes the new Part 5 apply to alleged acts or omissions occurring on or after date on which the COVID-19 emergency declaration was issued until July 1, 2020. Immunity granted under the Part is in addition to all other immunities available under state law. New GS 115C-567.13 states the purpose of the Part and makes its provisions severable. Section 10 is effective when it becomes law and applies to all actions commenced on or after that date.
New Section 11 makes the act effective when it becomes law except where otherwise provided.
Makes conforming changes to the act’s long title.
House committee substitute makes the following changes to the 3rd edition. Deletes the content of the 3rd edition and instead provides the following.
Section 1
Amends GS 50B-7 to provide that any subsequent order under GS Chapters 50 (Divorce and Alimony) or 110 (Child Welfare) supersedes similar provisions in prior protective orders issued pursuant to GS Chapter 50B (Domestic Violence).
Amends GS 50B-2 to require a party seeking relief under the Chapter to disclose in its pleadings or attached affidavit any existing GS Chapter 50, 50B, or 110 orders between the parties. Bars any relief granted under the Chapter in reliance upon that party's pleading or attached affidavit lacking the required disclosures from superseding any similar provision in the prior order(s).
Applies to orders in effect on or after the date the act becomes law.
Section 2
Allows the Department of Public Safety (DPS) to begin to relocate the ALE headquarters and regional office as State-owned space if identified or recurring funds is secured. Until then, requires DPS to continue with the consolidation of ALE and SBE regions and regional offices so that district offices are co-located. Effective when the act becomes law.
Section 3
Enacts GS 90-88(j) to require exclusion from any controlled substance schedule a US FDA-approved drug product in finished dosage formulation that contains cannabidiol derived from cannabis with no more than 1/10th of 1% residual tetrahydrocannabinols by weight. Effective August 1, 2020, and applies to offenses committed on or after that date.
Makes conforming changes to the act's titles.
Conference report to be summarized.
| Intro. by McKissick, Hise. |
House committee substitute to the 3rd edition deletes the content of the previous edition and replaces it with the following. Makes conforming changes to the act's titles.
Part I.
Section 1.1
Amends GS 18C-164 to require net revenues credited to the Education Lottery Fund to be appropriated in an amount equal to that appropriated from the Education Lottery Fund (was, from the Education Lottery Fund in the Current Operations and Capital Improvements Appropriations Act of 2017).
Part II.
Section 2.1
Amends GS 115C-47 to no longer require local boards of education to report all approved schedules of fees, charges and solicitations to the Superintendent of Public Instruction. Requires instead that the local board of education publish a schedule of approved fees, charges and solicitations on the local school administrative unit’s website by October 15 of each school year and within 30 days of any revision to the schedule. Applies beginning with the 2020-21 school year.
Section 2.2
Amends GS 115C-64.15 to now require the NC Education and Workforce Innovation Commission (Commission) to collaborate with the NC Career and Technical Education Foundation Inc. (Foundation) in developing and administering the Education and Workforce Innovation Program and the Career and Technical Education Grade Expansion Program (Programs). Directs the Foundation to serve as a grant administrator by providing assistance and support to grantees for initiating, expanding, improving, and promoting career and technical education initiatives. Also requires the Commission to consult with the Foundation in publishing the annual report on the Programs. Makes conforming changes to GS 115C-64.17 to require the Commission to consult with the Foundation in selecting diverse grant recipients of the Career and Technical Education Grade Expansion Program.
Section 2.3
Amends GS 115C-218.45 by expanding upon the categories of individuals who may be given enrollment priority by a charter school to also include siblings who apply for admission beginning in the same school year, such as when a sibling was not initially admitted due to grade level capacity. Also allows enrollment priority limited to no more than 15% of the schools enrollment, unless a waiver is granted, to be given to: (1) children of persons employed full time by the charter or children of persons working full time in the daily operation of the charter school, which includes children of those employed by an education management organization or charter management organization for the charter school (was, limited to children of the school’s full-time employees); and (2) children of the charter school’s board of directors. Applies beginning with the 2020-21 school year.
Section 2.4
Amends Section 7.25(a) of SL 2018-5 by increasing the number of school participating in the Schools That Lead Pilot Program from 60 to 75.
Section 2.5
Directs the State Board of Education (Board) to modify the State graduation requirements to include one required credit in arts education, to be completed any time in grades 6 through 12. Implementation begins with students entering the sixth grade in 2022. Requires the Board to include an exemption from the arts education requirement for students who transfer to a North Carolina public school beginning in the ninth grade or later if adhering to the requirement would result in a student being unable to graduate with the graduation class to which the student was assigned when transferring to North Carolina's public school system. Further directs the State Board of Education to (1) establish procedures and a timeline for a phased-in implementation of the new arts requirement; (2) establish the minimum criteria to meet the arts requirement; and (3) report to the Joint Legislative Education Oversight Committee, by December 15, 2022, on the statewide implementation of the three interdependent components of comprehensive arts education (arts education, arts integration, and arts exposure) and this new graduation requirement.
Part III.
Section 3.1
Amends GS 116-11 by requiring the UNC Board of Governors (BOG) to report annually by February 1 to the specified NCGA committees and division on the actions and adjustments necessary to its budgetary policies, regulations and standards resulting from the Current Operations Appropriations Act for the administration and operation of the University of North Carolina and the distribution of State and federal funds to constituent institutions. Sets out 10 items that must be included in the report for each constituent institution.
Section 3.2
Requires the UNC System Office, in collaboration with the North Carolina Community College System through the Military Credit Advisory Council, to create a searchable database of military credit equivalencies.
Section 3A.1
Amends GS 116-281, expanding the eligibility requirements for need-based scholarships for students attending private institutions of higher education to now include students meeting the existing qualifications that are: (1) dependent relatives of a veteran who is abiding in the State while sharing an abode with the veteran and provide the eligible postsecondary institution a letter of intent of the dependent relative to establish North Carolina residency or (2) dependent relatives of an active duty member of the Armed Forces who is abiding in the State incident to active military duty while sharing an abode with the active duty member. Applies beginning with the award of scholarships for the 2021-22 academic year.
Part IV.
Section 4A.1
Authorizes the Secretary of Health and Human Services to waive the 15% cap on the number of Special Assistance in-home payments. Waiver authorization expires June 30, 2021.
Section 4B.1
Eliminates certain reporting requirements by the Department of Health and Human Services.
Section 4B.2
Amends Section 3.33 of SL 2002-4, if H1023 becomes law, to allow the money allocated as a grant to the NC MedAssist to also be used for other costs allowed pursuant to federal guidelines.
Section 4C.1
Amends GS 143B-168.12(d) amending the NCGA recipients of the report from the North Carolina Partnership for Children, Inc.
Section 4D.1
Amends Article 2 of GS Chapter 108A by enacting a new GS 108A-54.3A establishing Medicaid coverage annual income levels for families; children; pregnant women; individuals who are aged, blind, disabled, or medically needy; children in foster care or adopted; and other specified categories of individuals and certain eligible services for specified categories of individuals. Annual income levels and limitations on certain categories of covered services specified in the act.
Section 4D.2
Directs the Department of Health and Human Services to issue Medicaid identification cards to recipients on an annual basis. Requires the Department to adopt rules to implement the requirements of the act. Requires Department to report by February 1, 2021 to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice confirming adoption of rules.
Section 4D.3
Authorizes the Department of Health and Human Services, Division of Health Benefits to implement volume purchase plans, single source procurement, or other contracting processes to improve cost containment for services, medical equipment, supplies, and appliances.
Section 4D.4
Requires the Department of Health and Human Services to ensure that local management entities/managed care organizations (LME/MCOs) utilize out-of-network agreements containing standardized elements. Requires the agreement to be streamlined between a single provider and an LME/MCO to ensure access to care consistent with federal requirements. Sets criteria for when LME/MCOs must use out-of-network agreements in lieu of comprehensive provider contracts. Makes providers operating under an out-of-network agreement network providers for purposes of enrollee grievances and appeals under GS Chapter 108D.
Section 4D.5
Requires LME/MCOs to transfer $18,028,217 to the Department of Health and Human Services, Division of Health Benefits in the 2020-2021 fiscal year. Specifies the amount of funding to be transferred by each LME/MCO. Authorizes the Division to reallocate transfer amounts if a county disengages from LME/MCOs. Requires the Division to reduce the transfer amount on a pro rata basis if additional capitation payments are not made to LME/MCOs.
Section 4E.1
Requires the Department of Health and Human Services to report by December 1, 2021 to the Joint Legislative Oversight Committee on Health and Human Service and the Fiscal Research Division on utilization of local inpatient psychiatric beds and initiatives to reduce State psychiatric hospital use. Specifies information to be reported.
Section 4E.2
Requires the Department of Health and Human Services Division of Mental Health, Development Disabilities, and Substance Abuse Services to report annually until 2026 on utilization of inpatient alcohol and substance abuse treatment services. Specifies information to be reported.
Section 4F.1
Amends GS 7B-1402 to add the Director of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to the membership of the North Carolina Child Fatality Task Force. Requires appointing authorities to use best efforts to select Task Force members with sufficient knowledge and experience to effectively contribute to the work of the Task Force and reflect geographical, political, gender, and racial diversity of the State. Makes technical changes. This section effective August 1, 2020.
Section 4G.1
Amends GS 131D-10.9B(a)(3) modifying the definition of Permanency Training Services to include services for children in the legal custody of county departments of social services and training for caregivers and family members supporting such children.
Section 4G.2
Requires the Foster Care Transitional Living Initiative Fund to continue to fund transitional living services for foster care youth, including the Youth Villages Transitional Living Model demonstration project. Directs the Fund to support other strategies including transitional living services, public-private partnerships, impact measurement and evaluation, and evidence-based processes.
Part V.
Section 5.1
Amends GS 19A-62 by changing the NCGA committee that is to receive the report on revenues and expenditures of the Spay/Neuter Account.
Amends GS 19A-69 Amends GS 19A-62 by changing the NCGA committee that is to receive the report on revenues and expenditures of the Animal Shelter Support Fund.
Amends GS 106-744 by changing the NCGA recipients of the report on the activities of the Agricultural Development and Farmland Preservation Trust Fund Advisory Committee. Make an additional clarifying change.
Amends GS 106-747 by changing the NCGA recipients of the report on the North Carolina Sentinel Landscape Committee’s activities.
Amends GS 106-755.1 by changing the NCGA recipients of the report on the activities of the North Carolina Wine and Grape Growers Council.
Amends GS 106-887 by changing the NCGA recipients of the report on management activities at DuPont State Recreational Forest.
Amends GS 106-911 by changing the NCGA recipients of the report on wildfires.
Amends GS 106-1029 by changing the NCGA recipients of the reports from the Commission of Agriculture on the estimated total assessment that will be collectible in the next budget period and on the number of acres reforested, type of owners assisted, geographic distribution of funds, the amount of funds encumbered and other matters.
Codifies Section 11.1 of SL 2012-142 as GS 106-915 and amends GS 106-915 by changing the name of the Division to the Division of Adult Correction and Juvenile Justice. Requires that priority be given to the B.R.I.D.G.E. Youthful Offenders Program (Program) when assigning youthful offenders from the Foothills Correctional Institution (was, the Western Youth Institution) to work programs. Changes the NCGA recipients of the Program’s annual report.
Codifies Section 13.7(b) of SL 2013-360 as GS 106-590 and amends GS 106-590 by making clarifying changes and changing the NCGA recipient of the NC Agricultural Foundation, Inc.’s report on prior State fiscal year program activities, objectives, and accomplishment and prior fiscal year expenditures and fund sources.
Section 5.2
States the NCGA’s intent to consolidate all fund balances related to the Agricultural Development and Farmland Preservation Trust Fund within the Land Preservation and Trust Investment Fund for 2021-22 and to: (1) direct the Office of State Budget and Management to close the Farmland Preservation Special Fund and (2) redirect the current transfer from the Agriculture General Fund from the Farmland Preservation Special Fund to the Land Preservation and Trust Investment Fund.
Part VI.
Section 6.1
Amends GS 143B-434.01 by amending the NCGA recipients of annual updates and the Comprehensive Strategic Economic Development Plan.
Section 6.2
Adds new Article 74A, Golden LEAF Foundation to GS Chapter 143, consisting of specified sections from SL 1999-2, as amended. Repeals Section 4 of SL 1999-2 (specifying that the nonprofit corporation's right to receive funds under the act was contingent upon the filing of articles of incorporation that complied with the act). Amends the provisions of the new Article to more specifically refer to the Golden LEAF Foundation instead of to an unnamed nonprofit corporation to receive and distribute a portion of funding received from the 1998 Master Settlement Agreement with cigarette manufacturers. Amends the requirements of Golden LEAF’s report on its program and activities to: (1) change the NCGA report recipients, (2) change the due date of the report from March 1 to September 15, and (2) expand upon items that must be included in the report. Changes the NCGA recipients of Golden LEAF’s itemized report of its administrative expenses, which is now due by September 15, and requires that a copy of its annual audited financial statement be provided within 30 days of having received an audit report and that a copy of its annual federal income tax returns be reported within 30 days of filing. Changes the NCGA recipients of NC LEAF’s expenditures or distributions in furtherance of the Foundation’s public charitable purposes. Makes additional clarifying and technical changes and makes language gender neutral.
Section 6.3
Requires the North Carolina Biotechnology Center, High Point Market Authority, and RTI International to do the following for each year that State funds are expended: (1) report annually by September 1, and more frequently as requested, to the specified NCGA committees and division on prior State fiscal year program activities, objectives, and accomplishments and prior State fiscal year itemized expenditures and fund sources; and (2) provide to the specified NCGA committees and division a copy of the entity's annual audited financial statement within 30 days of issuance.
Part VII.
Section 7.1
Amends GS 130A-291.1 to make a septage management program permit application and annual fee due by December 15 (was, January 1). Requires a notice of the annual fee to be mailed prior to October 1 (was, November 1). Makes conforming and clarifying changes.
Section 7.2
Changes the annual reporting deadline for the Department of Environmental Quality (DEQ) to report on the status of solid waste management efforts, as set out in GS 130A-309.06, from January 15 to April 15. Adds to the report's required content the use of funds for Superfund cleanups and inactive hazardous site cleanups. Changes the date by which DEQ must annually report to legislators on solid waste management pursuant to GS 130A-310.10 from October 1 to April 15. Makes conforming changes to specified GS Chapter 130A statutes and Section 15.6 of SL 1999-237.
Section 7.3
Adds the Riparian Buffer Restoration Fund to the special funds enumerated in GS 147-69.2(a) of which the State Treasurer is required to make investments with any cash in excess of the amount to meet the current needs and demands of the funds. Further amends GS 147-69.2, adding that investments made by the Treasurer from funds of the Ecosystem Restoration Fund and the Riparian Buffer Restoration Fund remain the funds of the Ecosystem Restoration Fund and the Riparian Buffer Restoration Fund, respectively, with interest or other investment income earned on the deposited funds prorated and credited to each respective fund as applicable. Makes conforming changes.
Section 7.4
Recodifies GS 113A-235(a) as GS 113A-235(a1) and GS 113A-232(c) as GS 113A-235(a).
Amends GS 113A-232 as follows. Expands upon the purpose of the Conservation Grant Fund (Fund) to also include stewarding properties held by deed or conservation easement by the State. Refers to funds instead of monies received by the Fund. Specifies that conservation properties, as described in GS 113A-235, are eligible to receive grants. Expands upon the purposes for which revenue in the Fund may be used, and also allows investment income generated by the Fund to be used for those same purposes, to now include expenses related to grants, contracts and agreements, including 10 specified purposes some of which were included in GS 113A-233. Make a conforming repeal of GS 113A-233. Prohibits the principal of an endowment account from being used to purchase real property or an interest in real property.
Amends GS 113A-234 by making a clarifying change.
Amends GS 113A-235 by adding that the Department of Environmental Quality may acquire conservation properties and easements by purchase, gift, or assignment. Makes additional clarifying changes.
Part VIII.
Section 8.1
Amends GS 143B-50.1, as amended, to designate the Director of the Division of Parks and Recreation as the State Liaison officer with respect to funding through the federal Land and Water Conservation fund or any successor fund (was, the Director had the authority and responsibility to accept and administer funding through the Fund or any successor fund).
Section 8.2
Enacts new GS 143B-53.10 to require the Department of Natural and Cultural Resources to report annually by October 15 to the specified NCGA committee on fees charged in the previous fiscal year at all historical sites, museums, aquariums, and State parks and at the NC Zoo and U.S.S. North Carolina Battleship. Specifies items that must be include on the report. Makes conforming deletions in GS 121-7.3 and GS 143B-71 by removing similar reporting requirements. Makes additional technical changes to GS 143B-71.
Section 8.3
Amends GS 143B-135.272 to require that fees collected under the statute (fees for responding to inquiries requiring customized environmental review services or the costs associated with developing, improving, or maintaining technology that supports an online interface for external users to access Natural Heritage Program data, and fees for any activity authorized under GS 143B-135.234(10), including an inventory of natural areas conducted under the Natural Heritage Program, conservation and protection planning, and informational programs for owners of natural areas) be deposited in the special fund (was, in the Clean Water Management Trust Fund) to support the Natural Heritage Program.
Enacts new GS 143B-135.273 transferring to the Department of Natural and Cultural Resources the duties and responsibilities related to stewardship and oversight of properties and interests for which tax credits were granted under the Conservation Tax Credit program for tax years beginning before January 1, 2014, from the Department of Environmental Quality or its predecessors. Requires these duties and responsibilities to be exercised through the Natural Heritage Program.
Section 8.4
Recodifies GS 113A-240(a) and (b) as GS 143B-135.230(a) and (c). Amends GS 143B-135.230 (a) to state the NCGA’s intent to also support and accelerate the State’s programs of farmland and open space preservation and coordination.
Repeals Article 17 of GS Chapter 113A, Conservation, Farmland, And Open Space Protection And Coordination.
Section 8.5
Requires the Department of Natural and Cultural Resources to study and report on the marketing of the NC Zoo, NC Aquariums, and the NC State Museum of Natural Sciences. Specifies assessments that must be made and information that must be provided for the 2018-19 and 2019-20 fiscal years. Requires a report to the specified NCGA committee and division by October 15, 2020.
Part IX.
Section 9.1
Amends GS 126-5 to exclude employees of the Outdoor Heritage Advisory Council from GS Chapter 126, NC Human Resource Act (except Articles 6, Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment, and Article 7, The Privacy of State Employee Personnel Records).
Section 9.2
Amends GS 143-250 by changing the NCGA recipient of the report on the expenditures from the Wildlife Resources Fund. Makes additional clarifying changes.
Section 9.3
Requires the Wildlife Resources Commission and the North Carolina Forest Service to coordinate with the US Forest Service on a plan to optimize habitats to reverse declines in wildlife populations on State lands managed by the NC Forest Service and federal lands in the State managed by the US Forest Service. Requires a report on the plan to the specified NCGA committee by July 1, 2021.
Part X.
Section 10.1
Repeals Section 4(c) of SL 2019-158, which amended GS 15A-151.5 to include expunction records of certain offenses committed by human trafficking victims among the confidential files that the AOC must make electronically available to prosecutors if expunged after July 1, 2018, effective December 1, 2019, and applicable to petitions filed on or after that date. Instead, amends GS 15A-151.5 to enact an identical provision, effective retroactively to December 1, 2019.
Section 10.2
Requires consent of the Conference of District Attorneys (CDA) for any transfer of funds from the identified District Attorney fund code for the 2020-21 fiscal year.
Directs the UNC School of Government (SOG) to study the feasibility and cost of creating an Office of Prosecutorial Services (Office). Requires consultation with the CDA, AOC, the Office of Indigent Defense Services, and other relevant stakeholders. Requires a comparison of the State's judicial branch structure to that of other states concerning the organizational placement of prosecutorial services and to also determine the resources and costs of making the Office a viable independent agency. Requires SOG to report to the specified NCGA committees by April 1, 2021.
Part XI.
Section 11.1
Amends GS 17C-20(5) adding to the definition of an eligible county a county designated as a development tier one area pursuant to GS 143B-437. This section is effective when the act becomes law and applies to program recipients selected on or after that date.
Part XII.
Section 12.1
Amends Article 3 of Chapter 148 by enacting a new GS 148-32.2 authorizing the State Construction Office to utilize inmates for repair and renovation of State-owned facilities through the Inmate Construction Program. Prioritizes Department of Public Safety construction projects. Requires state agencies utilizing the Inmate Construction Program to reimburse the Division of Adult Correction for the cost of transportation, custody, and wages for inmate crews.
Section 12.2
Prohibits the Office of State Budget and Management from transferring positions, personnel, or funds from the Department of Public Safety to any other state agency during the 2020-2021 fiscal year unless the transfer was included in the base budget. Exempts consolidation of information technology positions pursuant to GS 143B-1325.
Section 12.3
Amends Section 3.3(54) of SL 2020-4, if H1023 becomes law, to allocate the funds for Caitlyn's Courage to the Department of Public Safety instead of the Administrative Office of the Courts. Makes conforming changes.
Section 12.4
Amends GS 143B-1406 to allow a PSAP (public safety answering point) to use a distribution it receives from the 911 Fund to also be used for cost incurred by the city or county operating a PSAP to comply with the terms of an intergovernmental support agreement, if: (1) the city, county, or both, have an intergovernmental support agreement with a major military installation that operates a PSAP; (2) the agreement allows the parties to serve as a back-up PSAP for each other's 911 system; and (3) the costs aid the PSAP operated by the city or county in establishing and maintaining the maximum amount of next generation 911 system compatibility with the PSAP operated by the major military installation. Adds that if a PSAP is a party to an intergovernmental support agreement which includes a PSAP operated by a major military installation, the 911 Board must treat the installation's population as part of the PSAP's population and treat the agreement as an interlocal agreement the specified provision of the statute for purposes of funding any city or county that is a party to the intergovernmental support agreement under the statute's funding formula. Applies to distributions for the 2020-21 and subsequent fiscal years.
Part XIII.
Section 13.1
Amends GS 143-52.1(e) by modifying the State Procurement Officer’s monthly report of contract awards to apply to contracts greater than the benchmark for delegated authority for state agencies established by the Division of Purchase and Contract pursuant to GS 143-53.1 (was, all contracts over $25,000). Amends GS 143-53(a) to make identical change for Division of Purchase and Contract review of bid protests and requests for waiver of competition approval. Amends GS 143-53.1(a) limiting the delegated procurement benchmark to no greater than $100,000 and exempts UNC institutions and community colleges from this limit. Amends GS 143-57 to make conforming change to reporting requirement for emergency purchases. This section is effective when the act becomes law and applies to contracts entered into on or after that date.
Section 13.2
Requires the Department of Information to report by October 1, 2020 to the Joint Legislative Oversight Committees on General Government and Information Technology on updates to the State’s E-Procurement System and specifies information to be reported.
Part XIV.
Section 14.1
Requires the Office of State Budget and Management to report by January 15, 2021 to the Joint Legislative Oversight Committees on General Government and Health and Human Services and the Fiscal Research Division a plan to conduct a cost-benefit analysis of all Department of Health and Human Services programs funded with state funds as part of the Results First project.
Part XV.
Section 15
Requires receipts generated by overpayments to vendors due to pricing errors, neglected rebates, miscalculated freight charges, unclaimed refunds, taxes paid in error, and related payment errors be deposited in a Special Reserve Account pursuant to GS 147-86.22(c). Authorizes the Office of State Controller to use $250,000 in the Account for data processing, debt collection, or e-commerce costs. Requires the State Controller to report on funds deposited into and disbursed from the Account.
Part XVI.
Section 16.1
Amends GS 143-293 authorizing the Industrial Commission to send decisions and orders by electronic mail. Makes technical and conforming changes. This section is effective July 1, 2020 and applies to all decisions and orders sent on or after that date.
Part XVII.
Section 17.1
Amends GS 143B-1217 by allowing funds appropriated to the Military Presence Stabilization Fund (Fund) to be used for the eight specified purposes, including administrative expenses and reimbursement for members of the North Carolina Military Affairs Commission, federal advocacy and lobbying support, and funding a position at the NC Economic Development Center. Requires the Military Affairs Commission to report to the specified NCGA committee annually by February 15 on expenditures from the Fund.
Requires the Department of Military and Veterans Affairs to pay expenses authorized by this section and approved by the North Carolina Military Affairs Commission within 30 days of receiving a request. Requires payment on a contract or grant awarded by the Commission to be made no later than the date payment is due according to the terms of the contract or grant, and does not require the Commission to request that the Department make the contract or grant payment. Allows the chair to authorize a member of the Commission's Executive Steering Group or another representative to make a request for payment. Sets out requirements for acknowledging a request for payment and for providing proof of payment.
Section 17.2
Amends GS 143B-1220 by removing the Veterans’ Affairs Commission’s duty to promulgate rules on the awarding of the NC Services Medal and deletes related provisions.
Section 17.3
Amends GS 143B-1225 by removing outdated language.
Section 17.4
Establishes the North Carolina Veterans Cemeteries Trust Fund (Fund), within the Department of Military and Veterans Affairs, consisting of (1) all interest and investment earnings received on monies in the Fund; and (2) any other funds, as directed by the General Assembly. Allows the funds in the Fund to accumulate until they have generated sufficient interest earnings to maintain the State's veterans' cemeteries once they have reached full capacity. Prohibits the principal from being spent and prohibits the interest earnings in the Fund from being used to open new veterans' cemeteries.
Part XVIII.
Section 18.1
Amends GS 147-64.6 by adding to the Auditor’s duties examining and making findings of act as to whether state agencies are adhering to statutory requirements that include conditions precedent, classifications, and similar eligibility or qualifying standards to assure that statutory intent is carried out while the requirements are in effect. Makes the Auditor responsible for verification audits for compliance with statutory requirements, with or without advance notice to the organization or State agency being audited, which may be initiated at the discretion of the Auditor or as requested by the Governor or NCGA. Adds that the Auditor may examine the accounts and records of any organization or State agency relating to a verification audit for compliance with a statutory condition precedent, classification, or other similar eligibility or qualifying standard.
Part XIX.
Section 19.1
Amends GS 66-58.12 to require the fee charged by an agency to cover its costs of permitting a person to complete a transaction through the world wide web or other means of electronic access be approved by the State Chief Information Office (was, by the Office of State Budget and Management, in consultation with the State Chief Information Officer and the Joint Legislative Commission on Governmental Operations). No longer requires consulting with the Joint Legislative Oversight Committee on Information Technology when expending the funds from those fees. Adds the requirement that the State Chief Information Officer report any fees imposed under the statute and expenditures for e-commerce initiatives and projects to the specified NCGA committees.
Amends GS 147-86.22 to no longer require a state agency to consult with the Joint Legislative Commission on Governmental Operations before implementing any program to accept payment under the policies allowing accounts receivable to be payable by electronic payment and before authorizing fees associated with electronic payment to be paid out of the General Fund and Highway Fund.
Section 19.2
Amends GS 143B-1350 by adding that the requirements of competitive bidding do not apply in the procurement of cybersecurity and infrastructure security products, consistent with Best Value procurement principles.
Section 19.3
Amends Section 6A.4 of SL 2011-145, as amended, to transfer the specified administration and reporting duties of the Office of the State Controller concerning the Criminal Justice Law Enforcement Automated Data Services (CJLEADS) to the State Chief Information Office (State CIO). Makes conforming changes.
Part XX.
Section 20.1
Requires, until otherwise provided by the NCGA, that the Office of State Budget and Management (OSBM) in conjunction with State agencies, report on the use of lapsed salary funds at the end of each fiscal year. Requires state agencies to report to the OSBM on the use of lapsed salary, including specified information. Requires OSBM to report annually by October 1 on the use of lapsed salary funds to the specified NCGA committees and division.
Part XXI.
Section 21.1
Requires the North Carolina Forest Service to rename the Visitor and Interpretive Center at Mountain Island Educational State Forest as, "The Laura Shidal Visitor and Interpretive Center at Mountain Island Educational State Forest."
Part XXII.
Section 22.1
Provides that except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.
Section 22.2
Provides for the effect of the headings.
Section 22.3
Includes a severability clause.
Section 22.4
Effective July 1, 2020, except as otherwise provided.
| Intro. by D. Davis, Brown, Perry. | STUDY, UNCODIFIED, GS 7B, GS 15A, GS 17C, GS 18C, GS 19A, GS 66, GS 105, GS 106, GS 108A, GS 113A, GS 115C, GS 116, GS 121, GS 126, GS 130A, GS 131D, GS 143, GS 143B, GS 147, GS 148 |
House committee substitute to the 3rd edition makes the following changes.
Amends long and short titles to limit the scope of the bill to commercial receivership (was, receivership).
Section 1
Amends the title of new GS Chapter 1, Article 38A to clarify that the article applies to commercial receivership. Makes conforming changes throughout.
Amends new GS 1-507.20(b) to add definitions of consumer debt and individual business debtor. Revises definition of court to provide that when a receiver is appointed to partition real property, the term refers to the clerk of superior court that has jurisdiction over the receiver and the receivership rather than the superior or district court in which the receivership is pending. Revises the definition of entity to mean a person other than an individual (was, a natural person) and makes conforming changes throughout. Revises the definition of property to include real property owned jointly by the debtor and the debtor’s spouse that is held by them as a tenancy by the entireties, unless the spouse is also a debtor in the receivership and there is joint debt owed to one or more creditors.
Further amends GS 1-507.20(b) to revise the definition of receivership property to exempt property of the debtor that is subject to an order issued pursuant to GS 1-362 (debtor’s property ordered sold), GS 1C-1601(a) (certain real and personal property of the debtor that the debtor or the debtor’s dependent uses as a residence or certain interests in a burial plot), GS 1C-1602 (personal property and homestead exemptions in Article X of the North Carolina Constitution), GS 25C-4 (for a debtor who is an art dealer, fine art on consignment with the debtor), GS 30-15 (allowance for a surviving spouse of a decedent/debtor), GS 30-17 (allowance for minor children of a decedent/debtor), and GS 135-9 (certain state retirement funds). These exemptions were previously included in GS 1-507.21. Exempts from receivership property in a general receivership of an individual business debtor, the principal residence of the business debtor or any consumer good if their value is less than the combined amount of all liens and rights of redemption and allowed claims of exemption in the residence or consumer good.
Revises GS 1-507.21, which addresses applicability of the new Article and of common law. Amends subsection (a) to clarify that the Article applies only to cases in which the debtor is an entity or an individual business debtor. Amends subsection (b), which identifies the exclusions from the Article, to include receiverships in which the receiver is appointed for a ward or a ward’s estate pursuant to GS 35A-1294, individuals other than individual business debtors and receiverships of those individuals. Adds new subsection (d) to provide that the Article does not interfere with the right to file a bankruptcy case pursuant to Title 11 of the US Code.
Revises GS 1-507.24(a) to provide that for an individual business debtor, a creditor to whom only consumer debt is owing may not file a civil action or motion for receivership.
Amends and expands subsection (b) to clarify authority related to debtors that are individual business debtors and entities. Also provides that a senior resident superior or district court judge may transfer jurisdiction and supervision of a receivership from one judge to another. Adds new subdivision (b)(2) to provide that when a receiver is appointed for an entity, the senior resident superior court judge must notify the Chief Justice, who then assigns the case to a judge. Until assigned, the judge who appointed the receiver retains jurisdiction. This subsection does not apply to an appointment of a receiver in a pending action to partition real property pursuant to GS 46A-28.
Revises subsection (c) to change the term “revenue producing potential” to “rents and profits”. Revises subsection (d) to clarify that it applies only when a receiver is appointed after a judgment (was, in a judgement, after a judgment, and when appointed on equitable grounds). Specifies that the receiver has the authority to dispose of property according to the judgment. Revises subsection (e) to provide that it applies to both entities and individual business debtors (was, entities). Revises subsection (h) to require 10 days’ notice prior to appointing a receiver.
Adds new subsection (k) to authorize the court to grant judgment against a party who files a motion to appoint a receiver in certain cases if the court denies the motion and determines, after notice and hearing, that the motion was filed in bad faith.
Revises GS 1-507.25 (c)(5) to clarify that, when a court is considering whether proposed receiver is independent, it can consider whether the proposed receiver has participated in any action that constitutes a violation of GS 23-46, which prohibits solicitation claims of creditors in proceedings.
Revises GS 1-507.28, which governs powers and duties of receivers, to add new subdivision (a)(5) to provide that GS 1-507.45 applies to a receiver’s authority to take possession of, use, control, manage, or transfer property that is subject to an exemption and therefore not totally receivership property. Revises subdivision (b)(6) to provide that the receiver has the authority to both manage and operate any business constituting receivership property (was, operate). Adds new subdivision (b)(9) to authorize a general receiver for an entity to file a bankruptcy case pursuant to Title 11 of the US Code. Revises subsection (d) to authorize the court to not only modify the receiver’s powers and duties but also limit them to such part of the property it determines will result in sufficient proceeds to pay allowed claims in full.
Revises GS 1-507.32(a) to provide that the court shall order (was, may order) the debtor or a general receiver to file schedules of property and claims within 60 days from the time of appointment.
Revises GS 1-507.34(b), which authorizes the court to require a receiver, including limited receivers, to file and update a master service list. Revises subsection (d) to clarify that service must comply with Rule 5 of the NC Rules of Civil Procedure.
Revises GS 1-507.35 to add new subsection (d), which requires the court to schedule status hearings on the receivership upon motion of the receiver, any party in interest, or when the court deems it appropriate. Notice must be provided to all persons on the master service list.
Revises GS 1-507.37(a), related to termination of a receivership. Adds provision governing termination of receivership of an individual business debtor if the court finds that the individual did not qualify to be a debtor.
Adds new GS 1-507.38A to establish a procedure for determining individual business debtor’s exempt property. Specifies that the provisions of GS 1C-1603 apply, except as provided in the Article and in the statute, including detailed requirements in subsections (1)-(3) related to service of notice on the individual business debtor of the debtor’s rights, the debtor’s right to request a hearing and file a statement, the right of the receiver or any party in interest to file an objection to the statement. Subsection (4) governs the forms and terminology that must be used for designating exempt property pursuant to this section, conduct of hearings, and valuations of property. Subsections (5)-(8) govern appeals of such orders, continuing enforceability of designations of exempt property made before a receiver is appointed, the process for amending the exemption designation for property acquired after the designation, and the application of the statute to a case of limited receivership.
Revises GS 1-507.39(b) to clarify that a creditor who has a lien or an interest in a debtor’s property (was, lien) may retain possession, custody, or control of the property in certain circumstances.
Revises GS 1-507.50(a)(2), regarding priority of claims, to clarify that the allowed fees and expenses incurred by the receiver includes any compensation advanced for the valuation of the debtor’s property. Adds new GS 1-507.50(d) to provide that proceeds of property owned by the debtor and the debtor’s spouse as tenants by the entirety may only be distributed to holders of unsecured claims owed jointly by both.
Makes technical and clarifying changes to GS 1-507.27(b), GS 1-507.29(b), GS 1-507.30(a)(2), GS 1-507.33, GS 1-507.34(f), GS 1-507.37(e), GS 1-507.42(f)(9), GS 1-507.44(a), GS 1-507.45(c), and GS 1-507.52(b).
Section 2
Repeals GS Chapter 1, Article 38, Part 2 (was, all of Article 38), which governs receivers of corporations.
Section 3
Revises changes to GS 7A-45.4, which governs designation of complex business cases, to clarify and conform the language to the revisions made to Article 38A and to increase the threshold for the debtor’s assets from two million to five million dollars to warrant designation as a complex business case if the debtor is not an individual business debtor.
Makes technical changes to Section 3(b).
Adds new provision amending GS 46A-28, which governs the court’s authority to make orders before final determination of a proceeding, to revise the language regarding appointment of receivers to specify the appointment of a limited receiver for the real property pursuant to GS Chapter 1, Article 38A (was, receivers).
Section 4
Revises the effective date to January 1, 2021 (was, January 1, 2020).
AN ACT TO MAKE VARIOUS REVISIONS TO THE EXPUNCTION LAWS OF THIS STATE. SL 2020-35. Enacted June 25, 2020. Effective June 25, 2020, except as otherwise provided.
| Intro. by Britt, Daniel, McKissick. | GS 15A |
Conference report to be summarized.
| Intro. by Berger, Tillman. |
House amendment makes the following changes to the 5th edition.
Adds the following provisions.
Directs the State Controller to transfer $100 million for 2020-21 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund (both established in SL 2020-4). Appropriates the transferred funds to the Office of State Budget and Management to be allocated to the Department of Commerce for the following described grant program. Creates the COVID-19 Safe Business Program (program) to be administered by the Economic Investment Committee (Committee) to provide a one-time grant up to $50,000 to each qualifying business, defined to include an entity subject to income tax that ceased business operations as a result of the COVID-19 pandemic during the COVID-19 period. Prioritizes businesses that did not participate in the Paycheck Protection Program, the Main Street Lending Program, or the Rapid Recovery Loan Program, and have not applied for the Job Retention Grant program created under SL 2020-4, as enacted, and employed no more than 100 full-time employees, or full-time equivalent employees, for the pay period ending on or about February 28, 2020. Provides for grant applications and requires submission of applications by September 1, 2020. Caps total funds granted under the program at $100 million. Sets forth defined terms.
Changes the act's long title.
House committee substitute makes the following changes to the 3rd edition.
Modifies Section 4.3 of SL 2020-3 (2020 COVID-19 Recovery Act), which amends GS 14-12.11 to allow wearing otherwise prohibited masks for the purpose of ensuring physical health or safety of the wearer or others, to extend the expiration of the exemption from August 1, 2020, to February 15, 2021.
Makes conforming changes to the act's long title.
| Intro. by Edwards, Hise, D. Davis. | Mecklenburg, GS 7A, GS 14, GS 163 |
House amendment makes the following changes to the 5th edition.
Part III
Section 3B
Adds the requirement that the State Controller transfer $100 million in nonrecurring funds for 2020-21 from the Coronavirus Relief Reserve to the Coronavirus Relief Fund. Further amends Section 3.3(35) of SL 2020-4 by increasing the amount that is to be used by the Department of Health and Human Services for initiatives for COVID-19 testing, contact tracing, and trends tracking and analysis from $100 million to $125 million.
Senate committee substitute makes the following changes to the 1st edition.
Part I.
Modifies and adds to the appointments to public offices upon the recommendation of the President Pro Tempore of the Senate. Now appoints Jeanette K. Doran, rather than Brian P. LiVecchi, to the Rules Review Commission for a term expiring on June 30, 2022, and appoints Brian T. Drew to the 911 Board for a term expiring on December 31, 2020. Additionally, appoints Heath Jenkins to the Disciplinary Hearing Commission of the North Carolina State Bar for a term expiring on June 30, 2022. Makes technical changes.
| Intro. by Rabon. | UNCODIFIED |
Amends GS 163-12 to require a special election when a United States Senator dies, resigns, or otherwise vacates his or her office prior to the expiration of term. Directs the Governor to issue a writ for the special election to be held more than 90 days but less than 180 days after the vacancy occurs (was, an election to fill such a vacancy must occur at the first election for members of the General Assembly that takes place more than 60 days after the vacancy arises.) Allows the Governor to schedule the special election for a date less than 90 days or more than 180 days after the vacancy in order to combine the special election with another election, but only if the other election will occur within 30 days of the timeframe established by the amendment.
Effective when it becomes law and applicable to vacancies existing on or after that date.
| Intro. by Nickel, Chaudhuri, Searcy. | GS 163 |
Subject to voter approval at the 2020 general election, amends Section 2, Article VI, of the NC Constitution, to permit any offender convicted of a felony to vote if that person has completed any period of active punishment imposed by the court. Excludes from the new provision any person convicted of a felony offense of murder or a felony sexual offense until citizenship rights are restored. Under current law, no convicted felon may vote unless that person's citizenship rights have been restored.
| Intro. by Smith. | CONST |
The Daily Bulletin: 2020-06-25
AN ACT EXTENDING THE TERMS OF OFFICE FROM TWO TO FOUR YEARS FOR MUNICIPAL ELECTIONS IN THE TOWN OF BETHEL BEGINNING IN 2021. SL 2020-38. Enacted June 25, 2020. Effective June 25, 2020.
| Intro. by K. Smith. | Pitt |
The Daily Bulletin: 2020-06-25
AN ACT TO CORRECT A TYPOGRAPHICAL ERROR IN S.L. 2005-141, TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF BOLTON, TO ADD CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE CITY OF DUNN, AND TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE. SL 2020-36. Enacted June 25, 2020. Effective June 25, 2020, except as otherwise provided.
AN ACT TO AMEND FIRE PROTECTION FEE PROCEDURES REGARDING CERTAIN ANNEXED AREAS IN BRUNSWICK AND UNION COUNTIES. SL 2020-37. Enacted June 25, 2020. Effective June 25, 2020.
Actions on Bills: 2020-06-25
H 32: COLLABORATIVE LAW.
H 77: DOT 2020-2021 FY BUDGET/GOVERNANCE. (NEW)
H 308: REGULATORY REFORM ACT OF 2020. (NEW)
H 471: EXEMPT DIRECT PRIMARY CARE FROM DOI REGS. (NEW)
H 593: JCPC/DETENTION/CAA AND OTHER FEES. (NEW)
H 612: DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW)
H 635: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)
H 652: 2ND AMENDMENT PROTECTION ACT. (NEW)
H 694: DESIGNATE LEGACY AIRPORTS.
H 795: OPEN AMUSEMENT PARKS/ARCADES/PLAYGROUNDS. (NEW)
H 806: OPEN EXERCISE & FITNESS FACILITIES. (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 1023: CORONAVIRUS RELIEF FUND/ADDITIONS & REVISIONS (NEW).
H 1064: GSC CLARIFYING BINGO LICENSE STATUTE.
H 1072: GSC TECHNICAL CORRECTIONS 2020.
H 1080: REVENUE LAWS RECOMMENDATIONS.
H 1087: WATER/WASTEWATER PUBLIC ENTERPRISE REFORM. (NEW)
H 1096: UNC OMNIBUS CHANGES/UNC LAB SCHOOL FUNDS. (NEW)
H 1201: LOCAL MEAT PROCESSORS GRANTS/MARKETING FUNDS. (NEW)
H 1231: HONOR SIDNEY LOCKS, JR., FORMER MEMBER.
H 1233: HOUSE SELECT COMM./COMBATING SYSTEMIC RACISM.
S 105: CLARIFY EMERGENCY POWERS. (NEW)
S 113: EDUCATION OMNIBUS. (NEW)
S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)
S 168: DHHS & OTHER REVISIONS. (NEW)
S 208: COVID-19 IMMUNITY/IHES. (NEW)
S 212: CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW)
S 217: UI/PRECINCT WORKERS/2020 GENERAL ELECTION. (NEW)
S 231: AGENCY POLICY DIRECTIVES/2019-2021. (NEW)
S 284: COUNTY CYBERSEC./SATELLITE BROADBAND GRANTS. (NEW)
S 361: HEALTHY NC. (NEW)
S 364: NC COMMERCIAL RECEIVERSHIP ACT REVISIONS. (NEW)
S 374: COVID-19/2020-21 SCHOOL CALENDAR START. (NEW)
S 488: DMV/MV DEALER CHANGES. (NEW)
S 562: THE SECOND CHANCE ACT.
S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)
S 730: THE NO PATIENT LEFT ALONE ACT.
S 733: UNC CAPITAL PROJECTS. (NEW)
S 739: PERSONAL DELIVERY DEVICE/PDD/DELIVERY ROBOTS.
S 750: CAPITAL PROJECTS-ELIZABETH CITY STATE UNIV. (NEW)
Actions on Bills: 2020-06-25
H 477: FOUR-YEAR TERMS/TOWN OF BETHEL.
S 201: BOLTON, DUNN, JACKSONVILLE BOUNDARIES. (NEW)
S 286: AMEND FIRE PROT. FEES/UNION/BRUNSWICK.
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