Bill Summary for H 1043 (2019-2020)

Summary date: 

Apr 28 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 1043 (Public) Filed Tuesday, April 28, 2020
AN ACT TO PROVIDE AID TO NORTH CAROLINIANS IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) CRISIS.
Intro. by Bell, Jackson, Lewis.

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Bill summary

Section 1

Amends Rule 5, GS 1A-1 to allow service upon a party’s attorney of record by email, requiring the email to be sent by 5:00 pm on a regular business day; if it is sent after that time, it will be deemed to have been sent on the next business day. Similarly allows service upon a party by email, if the party has consented to email service in the case and a copy of the consent is filed with the court. Requires when email is used to provide service that the certificate of service include the email addresses of each person served by email. Expires August 1, 2020.

Section 2

Enacts new GS 10B-25 to allow a notary to perform an emergency video notarization using video conference technology if the requirements of the statute are met (new GS 10B-25 does not apply to any notarization under Article 20 of GS Chapter 163, addressing absentee ballots). Specifies that a notary not satisfied that the principal’s identify has been proven by satisfactory evidence is not required to complete an emergency video notarization. Provides that an emergency video notarization does not change any originality verification requirements for recording with a Register of Deeds, Clerk of Superior Court, or other government or private office in this State.

Specifies that video conference technology is electronic communication that: (1) occurs in real time; (2) allows direct interaction between the principal seeking the notary's services and the notary so that each can communicate simultaneously by sight and sound through an electronic device or process; (3) includes audio with sound clear enough that each participant in the notarial act can hear and understand all other participants; (4) has sufficient quality to allow a clear and unobstructed visual observation of each participant’s face and any identification provided by the principal for a sufficient time to allow the notary to determine if it is satisfactory evidence; (5) is not pre-recorded video or audio or both; and (6) may be capable of recording (a) the video conference technology's recording and storage services, (b) an independent video recording device, or (c) electronically-saved screen shots clearly showing each participant's face, identification presented by the principal, and the notarized document.

Provides that the requirement of personal appearance, appear in person before a notary, physical presence, and presence are satisfied for emergency video notarization purposes if (1) notary is physically present in North Carolina, (2) the principal verifies to the notary that he or she is physically present in the state at the time of the notarization, (3) the notary identifies the county where he or she is located at the time of the notarial act, and (4) the principal and notary use video conference technology that complies with the requirements in this statute.

Allows a notary with personal knowledge of a principal to rely on the video conference technology to verify the principal’s identity unless the notary requires satisfactory evidence. Requires a notary who does not have personal knowledge of a principal to require satisfactory evidence of the principal’s identity; sets out requirements for documents that are used as satisfactory evidence.

Sets out the process for signing the document to be notarized. Sets out the procedure for submitting the signed document to the notary and for the notary notarizing the document, with procedures varying according to whether or not an original wet-signed notarization on an original wet-signed document is required.

Requires that a notary administer an oath or affirmation using video conference technology. Sets out the items that must be included in an acknowledgement or jurat certificate for an emergency video notarization, including a specified statement.

Requires a notary performing an emergency video notarization to record information about the notarization in a notary journal that is to be retained by the notary for at least 10 years; allows the journal to be maintained electronically. Specifies nine pieces of information that, at a minimum, must be recorded in the journal for each emergency video notarization. Allows a third party involved in an emergency video notarization transaction to require additional information to be included in the journal.

Requires a notary to maintain the confidentiality of a principal’s documents at all times. Allows for the issuance of interpretive guidance or emergency or temporary rules to assure the integrity of the emergency video notarization measures.

Sets the statute to expire at 12:01 a.m. on August 1, 2020; however, specifies that all notarial acts made in accordance with the statute and while the statute is in effect remain effective and do not need to be reaffirmed.

Makes a conforming change to GS 10B-3 by adding and defining the term emergency video notarization. Specifies that emergency video notarization must not include a verification of proof.

Amends GS 10B-10 to provide that if the North Carolina Secretary of State grants a notary commission after March 9, 2020, and before August 1, 2020, the appointee has 90 days (instead of the usual 45 days) to appear and take the oath of office. Allows the oath to be administered using video conference technology, as specified. Makes conforming changes.

Section 3

Enacts new Article 3, Video Witnessing During State of Emergency, in GS Chapter 10B, applicable to the witnessing and signature of all records signed on after the effective date of this act; sets the Article to expire on August 1, 2020. Specifies that no action described in the Article (1) constitutes a notarial act and (2) is governed by Article 1 (Notary Public Act) or Article 2 (Electronic Notary Act).

Provides that any person who witnesses the signature of a record through videoconference technology is considered to be an "in-person" witness and the record is considered to have been signed by the principal signer "in the presence of" such witness, provided that the video conference technology allows for direct, real-time audio and video interaction between each principal signer and the witness. Considers an attesting witness to a record to have signed the record in the presence of the principal signer, if: (1) the signature of the principal signer is witnessed by the attesting witness in accordance with the requirements the statute; and (2) the attesting witness immediately thereafter signs the record while the video conference technology still allows for direct, real-time audio and video interaction between the principal signer and the attesting witness. Sets out information that must be included in a record witnessed under the statute. Allows any record witnessed under this Article to be signed in counterpart.

Section 4

Amends GS 14-12.11 by adding to the instances in which a person may wear a mask without violating the specified prohibitions on masks on certain public and private premises to include wearing a mask for the purpose of ensuring the physical health or safety of the wearer or others. Requires a person wearing a mask for that purpose to remove the mask during a traffic stop or when approached by a law enforcement officer. Makes technical changes.

Section 5

Allows the Commissioner of Motor Vehicles to extend for up to six months the validity of any license, permit, registration, or other credential issued by the Division of Motor Vehicles (DMV) under GS Chapter 20 that expires during the Coronavirus emergency (the period from March 10, 2020, through August 1, 2020). Sets any credential so extended to expire on the date designated by the DMV up to six months from the date it otherwise expired. Requires DMV to waive any fines, fees, or penalties associated with failing to renew a license, permit, registration, or other credential during the period of time the credential is valid by extension. Extends due dates for motor vehicle taxes that are tied to registration expiration to correspond with extended expiration dates designated by DMV. Specifies that nothing in this section waives a vehicle owner's duty to maintain continuous financial responsibility. Provides that a person may not be convicted or found responsible for any offense resulting from failure to renew a license, permit, registration, or other credential issued by the DMV if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension. Requires DMV, within 30 days of making any extension, to report to the specified NCGA committee and division on the credentials affected and the duration of the extension. Effective retroactively to March 10, 2020, and applies to expirations occurring on or after that date.

Section 6

Amends GS 20-7 to allow DMV to offer remote renewal of identification cards under the same procedures used for remote renewal of a driver's license.

Section 7

Amends Section 34.24(a) of SL 2018-5 to require DMV employees and contractors working at the building on New Bern Avenue in Raleigh to begin vacating the property by October 1, 2020 (was, must vacate by October 1, 2020).

Section 8

Enacts new GS 32A-16A to waive the requirement that a health care power of attorney be executed in the presence of two qualified witnesses for all instruments executed on or after the effective date of this section and prior to termination of the State of Emergency declared by Governor Cooper in Executive Order No. 116, on March 10, 2020, as may be extended by any subsequent Executive Order, such that an instrument that is signed by the principal, properly acknowledged before a notary public, and otherwise executed in compliance with the provisions of this Article, governing health care powers of attorney, are not invalidated by the principal's failure to execute the health care power of attorney in the presence of two qualified witnesses. Requires health care powers of attorney executed during this time without two qualified witnesses to contain a statement indicating that the instrument was executed in accordance with this statute. Expires at 12:01 a.m. on March 1, 2021, but all instruments made in accordance with the statute and while the statute is in effect remain effective and do not need to be reaffirmed.

Makes conforming changes to GS 32A-16.

Enacts GS 90-321A enacting the same waiver of the witness requirement as above, applicable to advance directive for a natural death declarations. Sets this statute to expire at 12:01 am on August 1, 2020.

Makes conforming changes to 90-321A.

Section 9

Amend GS 35A-1109 by adding that if personal service is not possible because the respondent resides in a facility that restricts visitors due to a public health emergency, the respondent may be served by the sheriff leaving copies of the petition and initial notice of hearing at the facility with a person employed by the facility who is apparently in charge of the office or who has apparent authority to receive documents intended for residents. Requires that employee present the copies to the respondent as soon as practicable. Provides that proof of service is by return of service filed with the clerk showing the respondent was personally served or copies were left with the facility. Expires August 1, 2020.

Section 10

Enacts new GS 45A-4.1 allowing, upon issuance of a declaration of emergency, in real estate transactions involving one-to-four family residential dwelling or a lot restricted to residential use, a settlement agent to disburse closing funds before recording the deeds, deeds of trust, and any other required loan documents with the register of deeds.

Sets out the following requirements to be met in order to allow the disbursement of closing fund before recordation: (1) on the date of closing, the office of the register of deeds where the deeds, deeds of trust, and any other required loan documents are to be recorded, is located within the emergency area, closed to the public as a result of the declaration of emergency, and unable to accept documents for recording by any method; (2) the lender's closing instructions authorize disbursement of closing funds prior to recording; (3) all parties agree in writing to all the following: (a) to waive the requirement that the settlement agent not disburse closing funds until the deeds, deeds of trust, and any other required loan documents are recorded in the office of the register of deeds and the requirement closing funds be disbursed only upon collected funds excepted as provided; (b) that they acknowledge that the recordation date may not be known on the date of closing and the date of recordation by the settlement agent is governed by this statute; (c) that they are aware of the risks and implications of proceeding with disbursement of closing funds and, if applicable, transfer of possession of property prior to recordation; (d) that after disbursement of closing funds and prior to recordation no party to the transaction will take any action to impair the quality of the title in law or equity; and (e) any other terms the parties or the closing instructions require as a condition of disbursement of closing funds prior to recording; and (4) the settlement agent complies with all conditions of the closing instructions, procures a commitment of title insurance providing for title insurance that includes indemnity coverage for the gap period, and updates the applicable title from the date of the preliminary title opinion to the time of disbursement using those public records reasonably available to the settlement agent on the date of disbursement.

Requires in all transactions under this statute in which funds are disbursed prior to recordation, the settlement agent must hold in a fiduciary capacity until the time provided below, all deeds, deeds of trust, and any other required loan documents that are to be recorded.

Terminates the authority under this statute for the settlement agent to disburse closing proceeds prior to recordation of the deeds, deeds of trust, and any other required loan documents on the earlier of the date the office of the register of deeds reopens for public business or begins to accept documents for electronic recording. Requires within three business days of this time frame, that the settlement agent record all deeds, deeds of trust, and any other required loan documents being held under the statute and immediately notify all parties that the documents have been recorded.

Section 11

Amends GS 51-8 to allow a register of deeds, throughout the duration of any declaration of emergency, to issue a license for marriage through remote audio-video communication if the register of deeds can positively identify each applicant.

Amends GS 51-16 by extending the validity of a marriage license from 60 to 120 days.

Applies to marriage licenses issued on or after February 1, 2020, and expires August 1, 2020, and makes any marriage license issued on or before that date valid for 120 days.

Section 12

Amends GS 74C-3 by including in the term private protective services profession, any person, firm, association, or corporation providing a security guard on a contractual basis for another for a fee or consideration and performing security services related to entry and exit, direction and movement of individuals at entry and exit, security working towers, and perimeter security patrols at State prisons.

Enacts new GS 148-5.5 to require any licensed security guard and patrol professional who is employed to provide security services related to entry and exit, direction and movement of individuals at entry and exit, security working towers, or perimeter security patrols at a State prison facility, to be trained on State prison policies, including on the use of force, before providing security services at a State prison. Gives security guard and patrol professionals receiving such training the authority to detain and use necessary force to prevent contraband entry or inmate escape.

Expires August 1, 2020.

Section 12.5

Allows, in response to the coronavirus emergency, a justice or judge to administer the required new attorney oath remotely using live video conferencing, so long as the individual taking the oath is personally known to the justice or judge or provides satisfactory evidence of identity. Expires August 1, 2020.

Section 13

Provides that the 2020 report by the Local Government Commission to the NCGA on the level of each county’s appropriations for public school capital outlay, is due July 1, 2020.

Section 13.5

Provides that funds appropriated for 2019-20 from the Civil Penalty and Forfeiture Fund to the State Public School Fund for drivers education that are unexpended and unencumbered at the end of the 2019-20 fiscal do not revert, but remain available until the end of 2020-21. Effective June 30, 2020.

Section 14

Authorizes a city or county’s governing board to establish an expedited process for designating and training personnel, other than law enforcement officers, for custody and transportation of persons as required by involuntary commitment proceedings. Expires August 1, 2020.

Section 15

Amends GS 122C-263 by expanding the definition of telemedicine, as used for involuntary commitment exams, to be the use of two-way real-time interactive audio and video where the respondent and commitment examiner can hear and see each other (was, two-way real-time interactive audio and video between places of lesser and greater medical capability or expertise to provide and support health care when distance separates participants who are in different geographical locations; also previously required a referral).

Amends GS 122C-266, GS 122C-283, and GS 122C-285 to allow exams after commitment to be conducted face-to-face, or through telemedicine. Requires a respondent to be taken for a face-to-face-exam in the physical presence of a physician when a physician is not satisfied to a reasonable medical certainty that the required findings would not be different if the exam was done in person instead of via telemedicine.

Expires August 1, 2020.

Section 16

Amends GS 130A-143 to allow for the release of confidential information and records that identify a person with a disease or reportable condition, when the release is made to a local enforcement official to (1) prevent or lessen a serious or imminent threat to the health or safety of a person or the public to the extent that disclose is allowed under HIPPA; (2) enforce this Article (Communicable Diseases) or Article 22 (Terrorist Incident Using Nuclear, Biological, or Chemical Agents); or (3) investigate a terrorist incident using nuclear, biological or chemical agents (this is the only of the three instances already in current law). These releases are subject to limitations on further release of the information, as they exist in current law. Also allows the release when the release is made to another tribal health agency for preventing or controlling the spread of a communicable disease or communicable condition. Makes additional clarifying and technical changes.

Section 16.2

Allows a licensed soil scientist to prepare signed and sealed soil and site evaluations, specifications, plans, and reports for a site layout, construction, operations, and maintenance of a wastewater system at the owner’s request without obtaining further certification from the NC On-Site Wastewater On-Site Contractors and Inspectors Board. Additionally, allows a licensed soil scientist engaged by the owner of a proposed on-site wastewater system to conduct all necessary inspection, certifications, and approvals, including a final inspection and certifying report. Requires compliance with GS 130A-336.2, which governs improvement permits and authorization for wastewater system construction, and rules adopted thereunder. Requires the owner to notify the local health department if engaging a licensed soil scientist pursuant to the authority of this act. Grants the Department of Health and Human Services (DHHS), its agents, and local health departments immunity from liability for systems developed, constructed, installed, or approved pursuant to the authority in this act. Requires the licensed soil scientists to maintain an errors and omissions insurance policy by a licensed insurer in an amount commensurate with the risk. Expires August 1, 2020, but allows a licensed soil scientist to complete a proposed system begun before the sunset date.

Section 16.3

Allows a county or city to petition the Department of Environmental Quality (DEQ) for a waiver from the prohibition on disposal of yard trash in a landfill if the county or city can show that the prohibition would constitute economic hardship or a real potential public health risk. Expires August 1, 2020.

Section 17

Amends GS 130A-382 to allow the Chief Medical Examiner to appoint as county medical examiners retired physicians previously licensed in the State, certified medicolegal death investigators, and pathologists’ assistants.

Amends GS 130A-383 to require the medical examiner to release the body to the next of kin or other person who will assume responsibility for the final disposition upon collection of investigative information necessary as determined by the medical examiner (was, upon completion of the investigation). Adds that if the body is unclaimed, the Chief Medical Examiner must dispose of the body by cremation. Sets parameters for unclaimed to mean either (1) that no individual has notified the person in possession of the body of the desire to dispose of the body within 10 days after the date of death, or (2) individuals that have expressed interest in arranging for disposition have ceased communication with the person in possession for at least five consecutive days, the person in possession has used reasonable efforts to contact all interested individuals, and at least ten 10 days have passed since the date of death.

Section 18

Amends GS 131F-5 to extend the time by which the Secretary of State must notify a charitable organization or sponsor that requirements for a submitted charitable solicitation application have not been satisfied from 10 to 20 days after receipt of the application. Additionally, allows the Department of State to extend the time for any license renewal and the annual filing of updated information until August 1, 2020. Expires August 1, 2020.

Section 19

Effective retroactively to January 1, 2020, enacts GS 135-48.39 to authorize the State Treasurer to allow State Health Plan members, employing units, or both, adversely affected by a state of disaster, as defined, to have the option to defer premiums or debt payments that are due during the state of disaster, subject to approval of the State Health Plan’s Board of Trustees. Allows the State Treasurer to order the expiration of this option prior to the end of the state of disaster, but prohibits extension beyond the period of the state of disaster. Sets a 30-day deferral period and specifies that the deferral period can include any state law or contract provision that imposes a time limit on the Plan or a member to perform an act during the time period in which there is a state of disaster. Allows the deferral period to be extended in 30-day increments, subject to Board of Trustees’ approval, but prohibits a deferral period from lasting beyond 90 days from the last day of the state of disaster. Provides for the option to be limited to specific categories of members or employing units. Specifies that the statute does not authorize the non-payment of premiums or debt and requires all payments in arrears to be paid. Failure to pay premiums in arrears results in lapse as of the last day of the month for which premiums were paid in full. Provides that members are responsible for all medical expenses incurred since an effective lapse in coverage. Makes conforming changes to GS 135-48.30, concerning the authority of the State Treasurer.

Section 20

Allows for the Director of the Retirement Systems Division (Director) of the Department of State Treasurer, or the Director’s designee, to make interim determinations or certifications regarding member eligibility for disability benefits for members of the following retirement systems: Legislative Retirement System; Retirement System for Counties, Cities, and Towns; Retirement System for Teachers and State Employees; Judicial Retirement System; and the State Disability Income Plan. Sunsets this authority on August 1, 2020. Prohibits the Director from making a determination of ineligibility. Specifies that interim determinations and certifications are valid until final determinations and certifications are made. Requires the respective medical board to review any interim determinations or certifications as soon as practicable and make final determinations and certifications for disability benefits. Allows a subsequent determination by a medical board of ineligibility to apply prospectively only.

Section 21

Institutes a one-month, rather than a six-month, separation requirement for retirement to become effective for retirees of the Teachers’ and State Employees’ Retirement System (TSERS) for individuals that retired on or after October 1, 2019, but before April 1, 2020. Sets forth further provisions applicable upon the expiration of the temporary changes to TSERS, August 1, 2020, including that for eligible retirees during the identified period, any time worked between March 10, 2020, and the time the changes expire is not considered work for purposes of the separation requirement.

Adds that any earnings received between March 10, 2020, and August 1, 2020, are not earnings by a TSERS beneficiary law or earnings by a beneficiary of the Local Government Employees Retirement System under state law.

Provides that any benefits received by or paid to a law enforcement officer or retired law enforcement officer for separation allowances under Article 12D of GS Chapter 143 cannot be impacted by any work performed between March 10, 2020, and August 1, 2020.

Expires August 1, 2020.

Section 21

Extends the validity of any probationary certificates issued to Code-enforcement officials by the NC Code Officials Qualification Board that are set to expire between March 10, 2020, and July 31, 2020, to August 1, 2020.

Section 22

Amends GS 150B-21.1 to require an agency that published notice of a public hearing on proposed temporary rules which was subsequently canceled to publish five days’ notice of any rescheduled hearing. Effective retroactively to March 10, 2020.

Section 23

Effective retroactively to March 10, 2020, amends GS 150B-23 to authorize an Administrative Law Judge (ALJ) to extend the time period limiting the filing of a petition for a contested case when the Chief Justice of the Supreme Court declares that catastrophic conditions exist or have existed in one or more counties and issues an order to that effect. Requires the ALJ’s extension order to be written and extend the limitation to a date certain that must be no fewer than 10 days after the effective date of the order. Provides that the order is effective for each affected county upon the date set forth in the order or the date the order is signed, if no date is set forth. Requires that the order state its expiration upon the expiration of the Chief Justice’s order.

Section 24

Amends GS 159-32, concerning the daily deposit requirement under the Local Government Budget and Fiscal Control Act, to allow the Secretary of the Local Government Commission to set the amount of moneys on hand requiring daily deposits and require deposits on less than a daily basis during an emergency declaration. Requires moneys to be maintained in a secure location and deposited at least weekly.

Section 25

Effective retroactively to July 1, 2019, reenacts GS 159I-30, repealed by SL 2019-32 (Reconstitute/Clarify Boards and Commissions), as it existed immediately before its repeal on July 1, 2019. Recodifies GS 159I-30 as GS 159-146 of Article 7A of GS Chapter 159, Special Obligation Bonds and Notes. Grants local governments the authority to borrow money for financing or refinancing its cost of the acquisition or construction of a project and issue obligation bonds and notes subject to the requirements and restrictions set forth in the statute. Specifies that the authority extends to any unit of local government, any combination of units, any joint agency of units, any regional solid waste management authority, and any consolidated city-county. Limits the scope of the act to the following projects: (1) solid waste management projects and capital expenditures to implement such projects (excluding operational and maintenance costs of solid waste management facilities or programs, general planning or feasibility studies, or the purchase of land unless purchased for recycling or a landfill); (2) water supply systems, water conservation projects, water reuse projects, wastewater collection systems, and wastewater treatment works; and (3) any service or facility provided in a municipal service district in a city. Details requirements, restrictions, and powers regarding issuance of special obligation bonds and notes under the statute, including pledging sources of payment, granting a security interest in the project financed and/or the property on which the project is located. Limits maturity to 40 years from the bond date(s), subject to state law amendment. Subjects issuance to Local Government Commission approval and requires sale by the Commission. Details further parameters for special obligation bonds and notes, including payment and interest specifications, proceed restrictions, interim document and replacement bond or note issuance, supremacy of the statute’s provisions, security by trust agreement, remedies for bond or note owners, application of the UCC, investment eligibility, and tax exemption. Makes conforming changes to GS 113A-115.1(h), GS 153A-427(a)(13), GS 159-7(4), GS 159-35(c), GS 159-123(b), GS 159-148, and GS 159-165. Makes technical change to GS 159-148.

Section 26

Amends Section 3.2 of SL 2019-11 to postpone the effective date of Part II of the act, which reorganizes, consolidates and makes changes to local planning and development statutes and enacts new GS Chapter 160D, from January 1, 2021, to August 1, 2021.

Section 27

Enacts GS 166A-19.24 to authorize any public body to conduct remote meetings upon a gubernatorial or legislative declaration of emergency under GS 166A-19.20 that restricts the number of individuals that can gather in one place in order to protect the public and the public health. Limits the authority to public bodies within the emergency area during the declaration and requires compliance with Article 33 of GS Chapter 143, which governs meetings of public bodies.

Details nine requirements remote meetings must meet, including (1) proper notice of the remote meeting and notice of the means of public access, (2) identification of members participating by simultaneous communication for roll call, participation in deliberation, and voting, (3) roll call voting for every vote taken, and (4) simultaneous streaming live online with a telephonic option for the public. Defines simultaneous communication as any communication by conference telephone, conference video, or other electronic means. Specifies that a member participating by simultaneous communication is present for quorum purposes and voting as if physically present while that communication is maintained for that member.

Allows for a public body to conduct public hearings during a remote meeting and take action thereon so long as written comments are allowed to be submitted between publication of any required notice and 24 hours after the public hearing. Allows for a public body to conduct a quasi-judicial proceeding as a remote meeting if (1) the right of an individual to a hearing and decision occurring during an emergency, (2) all persons subject to the proceeding who have standing to participate have been given notice and consent, and (3) all due process rights of the parties affected are protected.

Clarifies that the statute applies only during emergency declarations and does not supersede any authority for electronic meetings under Article 33C of GS Chapter 143. Makes conforming changes to GS 143-318.10(a), GS 143-318.14A(e), GS 153A-43, GS 160A-74, and GS 160A-75. Amends GS 166A-318.13 to exclude meetings conducted under new GS 166A-19.24 from electronic meetings requirements, except for compliance with subsection (c) prohibiting actions by reference.

Applies throughout the duration of any emergency declaration issued under GS 166A-19.20 in effect on or after the date the act becomes law. Provides a savings clause for the actions of any public body in an open meeting conducted by simultaneous communication between March 10, 2020, and the date the act becomes law. Specifies that new GS 166A-19.24 does not affect SL 2008-111, which amends GS 143-318.13 to authorize electronic meetings.

Section 28

Extends the date by which all State agencies, boards, and commissions that have power to define conduct as a crime in the Administrative Code must create a list of all crimes so defined that are in effect or pending implementation, as well as certain described counties, cities, towns, and metropolitan sewerage districts that have adopted an ordinance subject to criminal punishment must create a list of applicable ordinances, and submit the lists to the specified NCGA committee, as required by SL 2018-69 from November 1, 2019, to March 1, 2021.

Section 29

Amends Section 5 of SL 2019-198 to prohibit any county, city, or town ordinance adopted on or after May 1, 2021 (was, January 1, 2020), and before May 1, 2023 (was, January 1, 2022), by a municipality required to report pursuant to SL 2018-69, as amended, from being subject to criminal penalty under GS 14-4 unless the required report is submitted on or before March 1, 2021 (was, November 1, 2019). Further amends SL 2019-198 to require the General Statutes Commission to report the 2021 General Assembly, rather than the 2020 Regular Session of the 2019 General Assembly, and the specified NCGA committee on or before March 1, 2021 (was, May 1, 2020), regarding its study of the reports received pursuant to SL 2018-69, as amended.

Section 30.5

Authorizes the chief district judge of a judicial district in which a criminal judgement requiring a defendant to serve periods of confinement or imprisonment in a local confinement facility to modify the order if the chief district court judge finds three requirements are met. Requirements are: (1) the defendant is unable to serve one or more periods of confinement or imprisonment due to the local confinement facility’s restrictions on inmates during the COVID-19 State of Emergency; (2) without modification, the defendant will be in violation of the judgement; and (3) the District Attorney consents to modification. Requires any modification to be as minimal as possible to allow for compliance. Expires August 1, 2020.

Section 30.6

Section 4.1

 

Requires the Department of Transportation to maintain an available cash balance at the end of each month equal to at least $125 million. Provides that if this amount is not maintained, no further transportation project contracts can be entered into until the cash balance has been regained. Expires one year from the date that it becomes effective. 

Section 31

Includes a severability clause.

Section 32

Provides for a standard effective date provision.

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