Bill Summary for H 196 (2021-2022)

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Summary date: 

Mar 2 2021

Bill Information:

View NCGA Bill Details2021
House Bill 196 (Public) Filed Monday, March 1, 2021
Intro. by Faircloth, Bumgardner, K. Hall, Strickland.

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Bill summary

House committee substitute #1 makes the following changes to the 1st edition.

Part I

Section 1.2

Modifies proposed Section 5A of SL 2021-1, which directs the Department of Public Instruction (DPI) to use reserved federal funds from the Elementary and Secondary Emergency Relief II (ESSER II) Fund in specified amounts for specified purposes. Regarding the $1 million to be used to contract with a third party to conduct a statewide assessment of the cybersecurity capabilities of public schools and threats posed to public schools in response to COVID-19, deems both the assessment and the report submitted by DPI confidential and not a public record (previously only required confidential reporting by DPI). Regarding the $9 million to be used to implement a statewide cybersecurity program, now requires DPI to contact with a third-party entity, which must be a business entity with broad experience in cybersecurity services, including a history of successful contracts in this State and at least one other state; bars the entity from having its principal office located in China or Russia (previously, allowed DPI or a contracted third party to operate the program; did not specify contracting requirements). Eliminates previously proposed subdivisions (16) and (17), which duplicated directives regarding statewide assessments of public school unit cybersecurity capabilities and implementing a statewide cybersecurity program. Makes conforming changes.

Section 1.7

Modifies the allocations of federal funds received pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA) for Highway Infrastructure Programs appropriated to the Department of Transportation (DOT) in amounts specified in federal guidance, now requiring the funds to be used and allocated by DOT with (1) $229,282,615 to the Highway Trust Fund to fund and bill State Transportation Improvement (STI) projects and use federal cash reimbursements to advance delayed STI projects, with all funds used to advance delayed bridge replacement and interstate maintenance; and (2) $29,454,289 to be suballocated to urbanized areas with a population of over 200,000 as set forth in federal guidance (previous allocations were $30 million to DOT for maintenance activities within the Roadside Environmental Unit for litter removal and other programmed activities, $199,282,615 to the Highway Trust Fund to advance the State Transportation Improvement Program delayed projects and delayed bridge replacement and interstate maintenance, and $29,454,289 to be suballocated to urbanized areas with a population of over 200,000 as set forth in federal guidance). Makes conforming changes.

Part II

Makes a technical change to the bill heading given to Section 2.2.

Section 2.13

Further amends Section 3D.7 of SL 2020-3, which enacted Article 1L, Emergency or Disaster Treatment Protection Act, by making the section applicable to acts or omissions occurring during either the pendency of Executive Order No. 116 or during any subsequent time period which a state of emergency is declared to be in effect by the Governor, in any year, in response to COVID-19 (previously amended to be applicable to acts or omissions occurring during the time of Executive Order No. 116). Specifies that the clarifications in the section are consistent with the intent and purpose of the section as originally enacted. No longer specifies that the section applies retroactively to acts and omissions occurring on or after May 4, 2020.

Adds new Section 2.23 as follows.

Authorizes a justice or judge to administer the required oath prescribed for attorneys to an attorney remotely using a form of live video conferencing technology, so long as the individual attorney is personally known to the justice or judge or otherwise provides satisfactory evidence of identity. Expires December 1, 2021.