The Daily Bulletin: 2020-06-26

The Daily Bulletin: 2020-06-26

PUBLIC/HOUSE BILLS
H 633 (2019-2020) TEMP. OUTDOOR RESTAURANT/BAR. (NEW) Filed Apr 9 2019, AN ACT TO ALLOW CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE TEMPORARY OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS.

Conference report makes the following changes to the 4th edition. Deletes the content of the 4th edition and replaces it with the following. 

Authorizes any establishment that prepares or serves food or drink to open and operate its food and drink service for on-premises consumption notwithstanding Executive Order No 141, so long as 11 requirements and limitations are met. Among the requirements and limitations are (1) that the establishment was in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary State and local regulatory permits; (2) the establishment is not a private club, private bar, winery with a fortified or unfortified wine permit, or a distillery with a distillery permit; (3) the operation for on-premises consumption is limited to any authorized indoor seating or an owner-approved outdoor seating location; and (4) the service is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 consumers.

Authorizes any private club or private bar, any winery issued a fortified or unfortified wine permit, or any distillery issued a distillery permit, to open and serve alcohol for on-premises consumption notwithstanding Executive Order No 141, so long as 10 requirements and limitations are met. Among the restrictions are (1) a requirement that the establishment have been in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary State and local regulatory permits; (2) the service is limited to outdoor seating locations with the location owner(s)' permission; and (3) the outdoor service seating capacity is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 customers. 

Bars municipalities and counties from prohibiting the above authorized outdoor seating areas due to not being a permitted use for operation of food and drink services under zoning ordinances.

Sunsets the above added authorizations upon the repeal, replacement, or rescission of Executive Order No 141.

Makes conforming changes to the act's titles. 

Intro. by Davis, Faircloth, McNeill, Richardson.UNCODIFIED
H 902 (2019-2020) P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW) Filed Apr 16 2019, AN ACT TO PROVIDE THAT THE DIVISION OF PURCHASE AND CONTRACT OF THE DEPARTMENT OF ADMINISTRATION SHALL REVIEW PROTESTS ON CONTRACTS AND RECEIVE REPORTS ON EMERGENCY PURCHASES BY STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES IF THE DOLLAR AMOUNT EXCEEDS THE EXPENDITURE BENCHMARK ESTABLISHED BY THE SECRETARY OF ADMINISTRATION; TO ELIMINATE OBSOLETE LANGUAGE RELATING TO FURNITURE CONTRACTS FROM THE GENERAL STATUTES; TO PROVIDE PROCUREMENT SIMPLIFICATION AND INCREASED ACCOUNTABILITY; TO CLARIFY PLAN REVIEW, CODE ENFORCEMENT, AND CREATE AN EXEMPTION FROM THE STATE PROPERTY FIRE INSURANCE FUND FOR CERTAIN BUILDINGS WITHIN NC GLOBAL TRANSPARK; TO CREATE A PRISON SOFTWARE MANAGEMENT PILOT PROGRAM; TO CLARIFY THE AUTHORITY OF OWNERS ASSOCIATIONS TO IMPOSE CHARGES FOR STATEMENTS OF UNPAID ASSESSMENTS; TO CLARIFY DISTRICT ATTORNEY DISCRETION IN REGISTRATION REQUIREMENT REVIEWS; AND TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY.

Conference report makes the following changes to the 4th edition.

Part I.

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. 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. Amends GS 143-57.1 regarding State furniture requirements contracts. Modifies the provisions concerning the required condition that awards be made to at least three qualified vendors unless not available, as provided, for each category of goods under each contract, to remove the requirement that a vendor be listed on the State's qualified products list to be a qualified vendor under the provision. 

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 $2 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 $200 per statement or request, and an additional expedite fee up to $100 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.

Intro. by Grange, Bell.STUDY, GS 47C, GS 47F, GS 58, GS 63A, GS 99E, GS 143

The Daily Bulletin: 2020-06-26

PUBLIC/SENATE BILLS
S 168 (2019-2020) DHHS & OTHER REVISIONS. (NEW) Filed Feb 27 2019, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ADDING A PSYCHIATRIC PHYSICIAN PRIVILEGE EXCEPTION TO CRIMES AGAINST JUVENILES REPORTING REQUIREMENTS.

Conference report makes the following changes to the 6th edition.

Adds new Part II-A

Amends Section 1.1 of SL 2019-192, as amended, to revise the appropriations schedule from federal block grants made to the Department of Health and Human Services (DHHS) for the 2019-21 fiscal biennium in amounts specified for the 2020-21 fiscal year for the following: Temporary Assistance for Needy Families (TANF) Funds; Social Services Block Grant; Low-Income Energy Assistance Block Grant; Child Care and Development Fund Block Grant; Mental Health Services Block Grant; Substance Abuse Prevention and Treatment Block Grant; Maternal and Child Health Block Grant; Preventive Health Services Block Grant; and Community Services Block Grant. Makes conforming adjustments to block grant totals and coordinating provisions. Adds new provisions as follows. Grants the Division of Social Services the authority to realign appropriated funds between the State-level services Low Income Energy Assistance Payments and Crisis Assistance Payments without prior consultation with the specified NCGA committee for the 2020-21 fiscal year only. Directs DHHS to develop and implement a centralized system to collect, track, analyze, monitor and disseminate performance, outputs and outcome data for the Community Services Block Grant Program and the Weatherization Assistance Program to replace the current software, with the project not continuing until the business case is approved by the Office of State Budget and Management and the State Chief Information Officer in the Enterprise Management Office's Touchdown System, at which time up to $119,486 in Low Income Energy Assistance funds and up to $358,458 in Community Service Block Grant funds can be budgeted for transfer for information technology projects for 2020-21. 

Intro. by McKissick, Hise.GS 14, GS 122C, GS 130A
S 212 (2019-2020) CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW) Filed Mar 11 2019, AN ACT TO FUND VARIOUS CAPITAL AND REPAIRS AND RENOVATIONS PROJECTS FOR STATE AGENCIES AND THE UNIVERSITY OF NORTH CAROLINA; TO ENACT VARIOUS STATUTORY CHANGES RELATING TO FUNDING, COMMENCING, AND ADMINISTERING CAPITAL PROJECTS FROM THE STATE CAPITAL AND INFRASTRUCTURE FUND; TO ESTABLISH PILOT PROGRAMS AND A SATELLITE-BASED BROADBAND GRANT PROGRAM WITHIN THE DEPARTMENT OF INFORMATION TECHNOLOGY; TO STREAMLINE LEASES AND LEASE RENEWALS FOR BROADBAND INFRASTRUCTURE; TO MAKE APPROPRIATIONS TO THE DEPARTMENT OF INFORMATION TECHNOLOGY; AND TO CREATE A STATUTORY DEFINITION FOR "YEAR-ROUND SCHOOL."

Conference report to the 6th edition makes the following changes. Deletes the content of the 6th edition and replaces it with the following.

Section 1

Transfers $104 million in nonrecurring funds from the General Fund to the State Capital and Infrastructure Fund for 2020-21. Assigns project codes to agency capital improvement projects for allocation references in the act and for intended future legislative support. Appropriates the transferred funds to the Office of State Budget and Management (OSBM) for 2020-21 to be allocated in specified amounts to six identified projects, including OSBM's Freedom Park Project, OSBM Repairs and Renovations, UNC Chapel Hill's Business School and Nursing School Renovation, NCSU's STEM Building, and UNC Asheville's Woods Residence Hall. Provides the following specifications for each project. 

Requires OSBM to provide a grant to the NC Freedom Park to build a sculpture park on land specified land in downtown Raleigh. Requires the NC Historical Commission to review and approve any monuments or sculptures prior to placement. Conditions expending the funds upon the NC Freedom Park raising $1.7 million in matching funds.

Regarding allocations for the UNC Business School, requires UNC to commit to providing a match of at least $75 million from non-State sources by June 30, 2022.

Regarding allocations for NCSU's STEM Building, requires NCSU to commit to providing a match of at least $80 million from non-State sources by June 30, 2022.

Provides restrictions for the allocations to UNC-Asheville, restricting funds to expenses incurred to meet building requirements. 

Effective July 1, 2020.

Section 2

Allocates additional funds in specified amounts to the UNC and NCSU projects, and OSBM's repairs and renovations, if Section 3.3 of HB 1023 becomes law, with a $31.5 million additional transfer to the State Capital and Infrastructure Fund for 2020-21. Effective July 1, 2020.

Section 3

Of the funds allocated to OSBM's repairs and renovations, requires $2.5 million allocation to Fayetteville State University's Dormitory Renovation and Removal, with the remaining funds allocated at 40% for UNC constituent institution repairs and renovations determined by the Board of Governors (BOG) and 60% for repairs and renovations for State agencies, excluding UNC. Provides for reporting by OSBM and the BOG. 

Provides for funds from claim settlements or other aid or assistance to be spent before funds allocated by the act. 

Effective July 1, 2020.

Section 4

Amends GS 143C-8-13 to authorize the chancellor of a constituent institution of UNC to pay for capital improvement projects with funds available to the institution whereby (1) the total project costs do not exceed $600,000 and the projects are of the 13 types permitted under the statute, regardless of whether the facilities and related infrastructure are supported form the General Fund or the State Capital and Infrastructure Fund; (2) the institution reports to the Board of Governors (BOG) and specified NCGA division on projects undertaken pursuant to this authority, with specified content included, on a quarterly basis; and (3) funds from a General Fund appropriation that are contractually obligated for a project pursuant to this authority remain available to fund the completion of the project. Requires the BOG to negatively weight the availability of non-State resources and carryforward funds available for repairs and renovations in making campus allocations of funds for capital improvements, and include information about the manner of compliance of this provision with any reporting required by the statute. Makes conforming changes.

Amends GS 143C-8-7 to authorize the Department of Agriculture and Consumer Services (DACS) to use the specified types of available funds under the statute to build equipment structures that meet the description contained in GS 143-138(b4)(1)c. (providing a State Building Code exemption for certain farm buildings which are unoccupied structures built upon State land and administratively allocated to DACS or NC State University and used primarily for forestry production and research or agriculture production and research) on an as-needed basis. Caps such authorized project costs at $125,000.

Enacts GS 143C-8-7.1 to establish procedures for legislative appropriations for capital improvements. Restricts uses to constructing, repairing, or renovating State buildings, utilities, and other capital facilities; for acquiring sites for them where necessary; and for acquiring buildings and land for State government purposes or other authorized purposes. Requires allotments to be issued by the Director of the Budget (Director) upon compliance with the act and prohibits unreasonably withholding allotments. Requires prior approval of the Director for projects financed with self-liquidating appropriations, and requires the Director to report such approval to the specified NCGA committee. Requires expenditures for fixed and movable equipment and furnishings to be approved by the Director prior to commitment of funds; does not require transfer to construction accounts unless at the direction of the Director. Sets project completion requirements and design costs consistent with appropriations provided. Requires disbursement of funds from the Fund for legislatively authorized projects as needed to initiate or advance a capital project, with funds authorized for a particular project remaining in the Fund until disbursement is necessary to satisfy financial obligations for the project.

Amends GS 143C-8-12 and GS 143C-3-3 to clarify that neither statute prohibits BOG expenditures or requests for planning for a project legislatively authorized and funded with an allocation from the Fund.

Amends GS 143C-4-3.1, which governs the Fund, to explicitly allow funds of the Fund to be used for broadband infrastructure projects funded through appropriations to the Growing Rural Economies with Access to Technology Fund, and for projects and grants identified in the Current Operations Appropriations Act or authorized and funded by an act of the NCGA. Adds that funds appropriated for a project that are unspent and unencumbered upon completion revert to the Fund. Adds new authority for OSBM to reallocate appropriations from the Fund between projects to meet cash flow requirements for a project so long as five specified criteria are met, including that the amount reallocated cannot be used to expand the scope of the project and a project cannot begin until the fiscal year legislatively authorized.

Amends GS 143-341 to modify the powers and duties of the Department of Administration regarding certification that the statement of needs for projects, other than a project of UNC for which advance planning has not been completed, is feasible. Now excludes from the Department's certification duties requests for appropriations below the formal project limit set by the State Building Commission, rather than below $100,000.

Amends GS 116-30.3 by increasing the amount that can be carried forward by UNC from 2.5 to 5 percent of the General Fund appropriation for budget codes for (1) each special responsibility constituent institution, (2) the Area Health Education Centers of UNC-Chapel Hill, and (3) UNC System Office Budget Code 16010. Adds that up to 2.5% of carried forward funds must be used for one-time expenditures for projects eligible to receive funds under GS 143C-8-13(a) (concerning projects for which funds for repairs and renovations may be used), with one-half of any funds carried forward in a budget code in excess of 2.5 percent required to be disbursed to the constituent institution at BOG discretion, with the remaining being retained in that budget code.

Section 5

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 6

Directs the Department of Information Technology (DIT) to establish a program and project management improvement pilot program as detailed in Section 6 of the act. Requires the State Chief Information Officer 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 the act becoming effective, 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 7

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 give priority 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 83% of the year the grantee seeks the award. Caps the total grant award for a single unserved 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 requirement that the grantee 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. 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 8

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 9

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 5 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 10

Amends GS 115C-84.2 to define year-round school to mean a school with a single- or multi-track instructional calendar to provide instructional days throughout the entire school calendar year, beginning July 1 and ending June 30, by using at least one of three specified plans, including (1) four staggered student group assignments; (2) 45 instructional days followed by 15 vacation days, repeated; and/or (3) five nine-week sessions with students attending four assigned and staggered sessions. Applies beginning with the 2021-22 school year. 

Section 11

Reenacts and incorporates the State Budget Act, GS Chapter 143C.

Deems departmental receipts appropriated for the 2020-21 fiscal year to implement the act. 

Provides for the continued validity of 2019 Regular Session legislation expressly appropriating funds to a State entity covered by the act except where expressly repealed or amended.

Makes conforming changes to the act's titles.

Intro. by Krawiec, Hise.APPROP, GS 115C, GS 116, GS 143, GS 143B, GS 143C, GS 146
S 361 (2019-2020) HEALTHY NC. (NEW) Filed Mar 26 2019, AN ACT TO ENACT THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT, ALLOW LICENSED MARRIAGE AND FAMILY THERAPISTS TO CONDUCT FIRST-LEVEL COMMITMENT EXAMINATIONS, ELIMINATE REDUNDANCY IN ADULT CARE HOME INSPECTIONS, ENSURE THE PROPER ADMINISTRATION OF STEP THERAPY PROTOCOLS, AND CLARIFY THE USE OF CORONAVIRUS RELIEF FUNDS ALLOCATED TO THE NORTH CAROLINA COMMUNITY HEALTH CENTER ASSOCIATION.

Conference report #2 to the 6th edition makes the following changes.

Part I.

Changes the effective date of the provisions of Section 1, which recodifies several statutes and enacts Article 18H, Psychology Interjurisdictional Licensure Compact, GS Chapter 90, to March 1, 2021 (previously effective when at least seven states have enacted the Psychology Interjurisdictional Compact).

Part II

Changes the effective date of the proposed changes to GS 122C-263.1, allowing licensed marriage and family therapists to conduct first examinations for involuntary commitment, to October 1, 2020 (was effective October 1, 2019).

Part IV

Changes the effective date of the proposed changes to GS 58-3-221, regarding access to nonformulary and restricted access prescription drugs, to October 1, 2020 (was, October 1, 2019).

Part V

Amends subdivision 3.3(24) of SL 2020-4 (2020 COVID-19 Recovery Act) to expand the purposes for which funds allocated to the NC Community Health Center Association can be used to include offsetting five classes of costs incurred by member health centers related to the provision of patient care within the State to respond to the COVID-19 pandemic. Makes technical changes. 

Deletes the following previous Parts of the act: Part IV (regarding Lupus awareness and establishing a Lupus Advisory Council), Part Part VI (regarding coverage of orally administered anticancer drugs), Part VII (regarding Medicaid telemedicine policies), Part VIII (regarding access to telehealth services), and Part IX (establishing a Healthcare Solutions Task Force).

Makes further technical changes. Makes conforming changes to the act's organization and changes the act's long title.

Note: Conference report #1 was withdrawn 6/25/2020.

Intro. by Krawiec, Bishop, Hise.APPROP, GS 58, GS 90, GS 122C, GS 131D
S 432 (2019-2020) OPEN RINKS, ALLEYS, VENUES, STADIUMS. (NEW) Filed Mar 28 2019, AN ACT TO AUTHORIZE SKATING RINKS, BOWLING ALLEYS, AND VENUES FOR RECEPTIONS OR PARTIES TO RESUME OPERATIONS AND TO AUTHORIZE OUTDOOR STADIUMS OPERATING RESTAURANTS TO OFFER AND OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS WHILE ALSO SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF CORONAVIRUS DISEASE 2019 (COVID-19).

Conference report makes the following changes to the 4th edition. Deletes the content of the 4th edition and replaces it with the following.

Authorizes venues for receptions and parties to open and resume operations notwithstanding Executive Order No 141. Establishments allowed to open and resume business are subject to the following requirements: (1) the establishment was in existence and lawfully operating on March 10, 2020; (2) capacity is limited to 50% of authorized fire capacity, 12 people per 1,000 square feet, or 300 people, whichever is less; (3) employees must have daily temperature checks; employees with fevers of 100.4 degrees or higher are prohibited from entering the establishment; (4) all guests must have temperature checks; guests with fevers of 100.4 or higher are prohibited from entering the establishment; (5) employees must wear face masks and gloves; guests are encouraged to wear face masks; (6) food self-service or buffet options prohibited; (7) hand sanitizer must be available throughout the establishment; (8) the establishment must maintain and enforce social distancing recommended by the CDC and NC Division of Public Health; (9) the establishment must comply with all NC Division of Public Health rules applicable to restaurants; (10) employees conduct frequent cleaning at specified intervals; (11) signage must be posted to remind guests and employees of social distancing and sanitizing requirements; and (12) the establishment must collect and retain guest contact information for 15 days after the event.

Authorizes outdoor stadiums with a spectator capacity of 12,000 or less that operates a restaurant on the premises of the stadium to open and operate food and drink service for on-premises consumption notwithstanding Executive Order No 141. Stadiums allowed to open are subject to seven requirements, including: (1) that the stadium was in existence and lawfully operating with proper ABC permits on March 10, 2020; (2) outdoor food and drink service seating capacity is limited to 10% of the spectator capacity of the stadium; (3) the establishment maintains and enforces social distancing; and (4) the establishment complies with state public health regulations. 

Authorizes skating rinks or bowling alleys to open and resume operations notwithstanding Executive Order No 141, subject to 12 requirements and limitations, including (1) that the establishment was in existence on March 10, 2020, or had a valid certificate of occupancy and business license issued by that date; (2) total indoor capacity is limited to 50% of the authorized fire capacity, less employees; (3) all employees wear a face mask and have their temperature taken daily prior to working; and (4) all personal hygiene areas and amenity services are closed except for toilets, lavatories, and lockers where social distancing is maintained.

Sunsets the authorizations upon the repeal, replacement, or rescission of Executive Order No 141.

Makes conforming changes to the act's titles. 

Intro. by Ballard.UNCODIFIED
S 681 (2019-2020) AGENCY POLICY DIRECTIVES/2019-2020. (NEW) Filed Jun 20 2019, AN ACT ENACTING AGENCY POLICY DIRECTIVES FOR THE 2019-2021 FISCAL BIENNIUM, CONSISTENT WITH CERTAIN POLICY DIRECTIVES IN RATIFIED HOUSE BILL 966 OF THE 2019 REGULAR SESSION; MODIFYING STAFFING IN THE OFFICE OF RECOVERY AND RESILIENCY; AND CLARIFYING THAT PARTIES TO AN INTERGOVERNMENTAL SUPPORT AGREEMENT WITH A MAJOR MILITARY INSTALLATION THAT OPERATES A PSAP MAY USE 911 FUNDS FOR NEXT GENERATION 911 SYSTEM COMPATIBILITY.

Conference report makes the following changes to the 4th edition. Deletes all 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.

Section 2.6

Effective June 30, 2021, repeals the following laws related to the pilot program established to develop advanced teaching roles and organizational models that link teacher performance and professional growth to salary increases in selected local school administrative units for classroom teachers: Section 8.7 of SL 2016-94; Section 7.11(a) of SL 2017-57; Section 7.15(a) and (b) of SL 2017-57; Section 7.9 of SL 2018-5, and Section 2.6 of SL 2018-97.

Instead enacts GS 115C-311 with substantively similar provisions to the laws repealed. Directs the State Board of Education (State Board) to develop advanced teaching roles and organizational models that link teacher performance and professional growth to salary increases for classroom teachers in selected local school administrative units. Defines classroom teacher as a teacher who works in the classroom providing instruction at least 70% of the instructional day and who is not instructional support personnel. Details four purposes of the program, borrowing the identical language of Section 8.7 of SL 2016-94, as repealed. Requires the State Board, by September 15, 2020, and annually thereafter, to issue a request for proposal (RFP) for the program, and requires local boards to submit their proposals by October 15. Details information the RFP must require of proposals, borrowing much of the substantive requirements from Section 8.7 of SL 2016-94, as repealed, including descriptions of the program structure, descriptions of the advanced teaching roles and minimum qualifications, specified job responsibilities, notification requirements for local administrative units to inform employees and the public, the process for voluntary relinquishment of an advanced teaching role, salary supplement information, the implementation plan, plans for long-term financial sustainability, and a description of possible partnerships with local programs and institutions.

Requires the State Board to review the proposals and select local school units to participate in the program by December 15, 2020, and annually thereafter. Details criteria for the State Board's review and selection, to include the prioritization of available funds to a specified number of units with an average daily membership (ADM) from the previous year of 4,000 or fewer students; 4,001 and 20,000 students; and more than 20,001 students. Requires approval of a proposal of any unit which is participating in an approved advanced teaching roles program pursuant to Section 8.7 of SL 2016-84 in the 2020-21 school year and whose application is not inconsistent with the statute. Requires all selected units to meet minimum criteria established by the State Board consistent with the statute. Designates selected units as Advanced Teaching Roles units, and grants class size flexibility pursuant to subsection (i) of the statute to such units. Allows selected units to exceed the maximum class size requirements for grades K-3 subject to approval of the State Board.

Authorizes material revisions to a plan submitted by an Advanced Teaching Roles unit to the State Board only upon approval of the State Board.

Requires initially selected units to implement their approved plans beginning with the 2021-22 school year. Requires the State Board to review the unit for compliance every five years after the unit begins implementation. Grants the State Board authority to renew or terminate the plan and the unit's designation after its review and in its discretion. Requires the unit to provide any information or access requested by the State Board or a State Board-selected independent research organization throughout the program.

Provides that funds awarded to units are subject to availability and awarded for a term of up to three years at the discretion of the State Board. Limits eligibility to receipt of funding to one term. Details the restricted use of the funds, including use for the development of advanced teaching role plans, the development of specified professional development courses for teachers, transition costs associated with designing and implementing advanced teaching role models, and the development of the design and implementation of specified compensation plans.

Provides for the State Board to evaluate the program against six specified goals, at a minimum, through a contracted independent research organization during the first two years of the program and report on October 15, 2021, and October 15, 2022. Thereafter, requires the State Board to complete the program evaluation and provide the report annually, beginning October 15, 2023. Specifies NCGA offices and committees to which the State Board must provide the reports. 

Allows the State Board to authorize local boards participating in the program to use any available State funds to provide salary supplements to classroom teachers in an advanced teaching role so long as the unit complies with specified policies.

Makes conforming changes to GS 115C-105.25.

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.

Part III-A.

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.

Part IV-A.

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.

Part IV-B.

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.

Part IV-C.

Section 4C.1

Amends GS 143B-168.12(d) amending the NCGA recipients of the report from the North Carolina Partnership for Children, Inc.

Part IV-D.

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

Effective until coverage under tailored plans described under GS 108D-60 begins, requires the Department of Health and Human Services to ensure that local management entities/managed care organizations (LME/MCOs) utilize out-of-network agreements between a single provider of behavioral health or intellectual and developmental disability (IDD) services and the LME/MCO to ensure access to care. Requires these agreements to contain standardized elements developed in consultation with all LME/MCOs, reduce administrative burden on providers of behavioral health and IDD services, and comply with all requirements of State and federal laws. Sets criteria for when LME/MCOs must use out-of-network agreements in lieu of comprehensive provider contracts. 

Prohibits an LME/MCO from restricting its number of out-of-network agreements to provide inpatient hospitalization services unless the services could be provided by a provider in the LME/MCO's closed provider network and the out-of-network provider is unwilling to enter into a network agreement.

Prohibits an LME/MCO from restricting its number of out-of-network agreements for other behavioral health and IDD services to foster children and "independent foster care adolescents," ages 18, 19, and 20, if the person is already receiving such services from such provider, though the services could be provided by a provider in the LME/MCO's closed provider network.

Considers any provider enrolled in the North Carolina Medicaid program that is providing services under an out-of-network agreement as a network provider for purposes of GS Chapter 108D so far as it relates to enrollee grievances and appeals for those services.

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.

Part IV-E.

Section 4E.1

Requires the Department of Health and Human Services to report by December 1, 2020 and 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.

Part IV-F.

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.

Part IV-G.

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 amending the conditions that must be met in order for real property or an interest in real property to be the subject of eligible for a grant as a conservation property as follows. Expands upon the second condition to also include property that is previously restored, or a high-quality preservation. Expands upon the third condition to also include property that is useful for watershed improvement. Expands upon the final condition to also include land that is purchased on behalf of, or assigned in perpetuity to and accepted by the State, local government, or a body that is organized to receive and administer lands for conservation purposes and qualified to receive charitable contributions. Adds 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.

Section 12.5

Amends Section 5.7(a) of SL 2018-136 to by removing the limit on the number of new three-year time-limited positions that can be created in the Office of Recovery and Resiliency (was, capped at 30).

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. 

S 782 (2019-2020) MERCHANDISE SALES LIMIT/MECK. DIST. CT. (NEW) Filed May 14 2020, AN ACT AMENDING THE CAMPAIGN FINANCE LAWS TO RAISE THE LIMIT ON MERCHANDISE SALES FOR POLITICAL PARTIES AND TO PROVIDE FOR AT-LARGE ELECTION OF DISTRICT COURT JUDGES IN MECKLENBURG COUNTY.

Conference report makes the following changes to the 4th edition.

Eliminates the proposed sunset extension for 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. Maintains the current expiration date of August 1, 2020.

Makes conforming changes to the act's long title.

Intro. by Edwards, Hise, D. Davis.Mecklenburg, GS 7A, GS 163
S 870 (2019-2020) ADJOURN TO DATE CERTAIN THEN SINE DIE. Filed Jun 26 2020, A JOINT RESOLUTION ADJOURNING THE 2019 REGULAR SESSION OF THE GENERAL ASSEMBLY TO A DATE CERTAIN, LIMITING THE MATTERS THAT MAY BE CONSIDERED, AND PROVIDING FOR ADJOURNMENT SINE DIE OF THE 2019 REGULAR SESSION OF THE GENERAL ASSEMBLY.

Provides that when the Senate and House of Representatives adjourn on Tuesday, July 7, 2020, they stand adjourned to reconvene the 2019 Regular Session on Wednesday, September 2, 2020, at noon.

Restricts matters that may be considered during the September 2nd reconvened session to: (1) bills that appropriate federal COVID-19 funds or matching State funds, or are in accordance with federal law, regulations or guidance, and contain no other matters; (2) bills that provide for legislative appointments and contain no other matters; and (3) bills that provide for action on gubernatorial nominations or appointments and contain no other matters. 

Provides that when the Senate and House of Representatives adjourn on Thursday, September 3, they adjourn sine die. 

Intro. by Rabon.JOINT RES
S 870 (2019-2020) ADJOURN TO DATE CERTAIN THEN SINE DIE. Filed Jun 26 2020, A JOINT RESOLUTION ADJOURNING THE 2019 REGULAR SESSION OF THE GENERAL ASSEMBLY TO A DATE CERTAIN, LIMITING THE MATTERS THAT MAY BE CONSIDERED, AND PROVIDING FOR ADJOURNMENT SINE DIE OF THE 2019 REGULAR SESSION OF THE GENERAL ASSEMBLY.

House amendment to the 1st edition changes the date of adjournment from Tuesday, July 7, 2020, to Saturday, July 11, 2020. Maintains that upon adjournment, the Senate and House of Representatives stand adjourned to reconvene the 2019 Regular Session on Wednesday, September 2, 2020, at noon.

Intro. by Rabon.JOINT RES

The Daily Bulletin: 2020-06-26

The Daily Bulletin: 2020-06-26

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2020-06-26

PUBLIC BILLS

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

    House: Signed by Gov. 6/26/2020
    House: Ch. SL 2020-40

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

    House: Ratified
    House: Pres. To Gov. 6/26/2020

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

    House: Signed by Gov. 6/26/2020
    House: Ch. SL 2020-47

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

    House: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 6/26/2020

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

    House: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 6/26/2020

H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)

    House: Conf Com Reported
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 679: RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW)

    House: Signed by Gov. 6/26/2020
    House: Ch. SL 2020-46

H 795: OPEN AMUSEMENT PARKS/ARCADES/PLAYGROUNDS. (NEW)

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed

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

    House: Conf Report Adopted
    House: Ordered Enrolled
    House: Conf Report #3 Adopted
    House: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 6/26/2020

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

    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report Adopted
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report Adopted
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    House: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 6/26/2020

H 1087: WATER/WASTEWATER PUBLIC ENTERPRISE REFORM. (NEW)

    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    House: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 6/26/2020

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

    House: Signed by Gov. 6/26/2020
    House: Ch. SL 2020-41

H 1233: HOUSE SELECT COMM./COMBATING SYSTEMIC RACISM.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 105: CLARIFY EMERGENCY POWERS. (NEW)

    Senate: Placed on Today's Calendar
    Senate: Concurred In H Com Sub
    Senate: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 6/26/2020

S 113: EDUCATION OMNIBUS. (NEW)

    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 6/26/2020

S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)

    House: Conf Com Appointed

S 168: DHHS & OTHER REVISIONS. (NEW)

    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 6/26/2020

S 212: CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW)

    Senate: Conf Com Reported
    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report Adopted
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Senate: Conf Com Reported
    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report Adopted
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 6/26/2020

S 361: HEALTHY NC. (NEW)

    Senate: Conf Com #2 Reported
    Senate: Placed on Today's Calendar
    House: Conf Com Reported
    House: Added to Calendar
    Senate: Conf Report #2 Adopted
    House: Conf Report #2 Adopted
    Senate: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 6/26/2020

S 432: OPEN RINKS, ALLEYS, VENUES, STADIUMS. (NEW)

    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted

S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)

    House: Conf Report Adopted
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    House: Conf Report Adopted
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 6/26/2020

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

    Senate: Signed by Gov. 6/26/2020
    Senate: Ch. SL 2020-48

Actions on Bills: 2020-06-26

No local actions on bills

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