Senate amendment #1 makes the following changes to the 3rd edition.
Authorizes any establishment that prepares or serves food or drink to open and operate its food and drink service for on-premises consumption 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 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 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 later of 30 days after any emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink, or October 31, 2020.
Makes organizational and conforming clarifying changes to the previous content of the bill concerning indoor and outdoor fitness and exercise facilities, gyms, health clubs, and fitness centers.
Notwithstanding the authorizations provided in the act, provides that the Governor can exercise emergency powers granted in GS 166A-19.30(b) and (c) related to establishments covered by the act, subject to concurrence of the majority of the Council of State, as received and released by the Governor pursuant to the procedure provided. Note, GS 166A-19.30(b) and (c) both grant the Governor certain powers during a gubernatorially or legislatively declared state of emergency; however, only the powers granted in subsection (b) are subject to Council of State concurrence, while the powers granted in subsection (c), which includes the power to impose restrictions and prohibitions in the emergency area by declaration if local control of the emergency is insufficient to assure adequate protection for lives and property, are not explicitly subject to Council of State concurrence.
Additionally, authorizes the Secretary of Health and Human Services and the Secretary of Environmental Quality to exercise the power granted in GS 130A-20 to order an abatement of an imminent hazard related to COVID-19 that requires closure of establishments covered by the act only upon notification to the Governor and with concurrence of a majority of the Council of State, as received and released by the appropriate Secretary pursuant to the procedure provided. Note, the statutory powers set forth in GS 130A-20 apply to the Secretary of Health and Human Services and local health directors, and are not explicitly subject to notification of the Governor and/or majority concurrence of the Council of State.
Changes the act's long title.
The Daily Bulletin: 2020-06-09
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The Daily Bulletin: 2020-06-09
Intro. by K. Hall, Howard, D. Hall, Richardson. | UNCODIFIED |
House committee substitute makes the following changes to the 1st edition.
Further amends GS 14-309.7 to transfer bingo game licensure and limited occasion permitting oversight and administration from the State Bureau of Investigation (SBI) to the Alcoholic Law Enforcement (ALE) Division of the Department of Public Safety (DPS). Amends GS 14-309.11 to transfer audit reporting responsibilities relating to bingo games from the SBI to ALE.
Amends GS 14-309.14 to transfer beach bingo licensure from the SBI to ALE.
Maintains the act's effective date of October 1, 2020.
Changes the act's long title.
Intro. by Davis. | GS 14 |
Senate committee substitute makes the following changes to the 2nd edition.
Makes technical changes to explicitly appropriate the required fund transfers by the State Controller and the Department of Public Instruction for 2020-21 to increase Average Daily Membership.
Intro. by Horn, Clemmons, Fraley. | APPROP |
House committee substitute adds the following to the 2nd edition.
Amends GS 1A-1829 by clarifying that the statute's provisions are subject to GS Chapter 1A, Article 20 (North Carolina Uniform Foreign-Country Money Judgments Recognition Act), instead of Article 18, which was repealed. Makes organizational changes.
Makes clarifying changes to GS 143B-135.234, GS 143B-1406,
Makes organizational changes to GS 146-30 and further amends the statute by removing references to regulations adopted by the Governor and changes references to Butner Reservation to Camp Butner, Amends the exclusions from the statute by (1) clarifying that they are all notwithstanding any other provision of the Subchapter, and (2) removing the provision allowing the proceeds from the sale of any of the land owned by the State in the Camp Butner Reservation from being used to build industrial access roads to industries located or to be located on the Butner Reservation, to construct new city streets in the Butner Reservation, to extend water and sewer services on the Butner Reservation, to repair storm drains on the Butner Reservation, and for other capital uses on the Butner Reservation; and (3) defines Camp Butner as it is in GS 122C-3. Makes additional clarifying changes.
Amends GS 153A-441 to allow a county to appoint a licensed (was, registered) professional land surveyor as a county surveyor. Corrects the number of the related GS Chapter.
Amends GS 163-105 to no longer require the State to pay for printing and distributing ballots for offices required under GS 163-109(b) and requires counties to pay for printing and distributing ballots pursuant to GS 163-165.3 (was, ballots for offices required by GS 163-109(c), all to reflect the repeal of GS 163-109.
Amends GS 163-234 by correcting statutory cross-references and making additional technical and clarifying changes.
Amends GS 164-16 by making language gender neutral.
Amends Section 4.1 of SL 2018-80 by removing the change made in the 1st edition that changed the effective dates of Section 2.1 of the act (amending GS 47-17.1 concerning the designation of draftsmen of registered documents) to July 1, 2020, applicable to deeds and deeds of trust presented for registration on or after that date, and Section 2.2 of the act (amending GS 47-18.3 concerning the execution of corporate instruments) to July 1, 2020, applicable to all instruments entered into on or after that date. Instead, makes the act, other than Section 1.2, 1.3, and 3.1, applicable to instruments under GS 47-18.3 that were executed before, on, or after August 1, 2020. Makes that change and the changes to GS 47-17.1 effective August 1, 2020.
Intro. by Davis. | GS 1C, GS 15A, GS 28A, GS 36C, GS 47, GS 58, GS 75A, GS 136, GS 143B, GS 146, GS 147, GS 153A, GS 163, GS 164 |
House committee substitute makes the following changes to the 2nd edition.
Part I
Effective June 30, 2020, repeals Section 11, subsections (d) through (h), of SL 2019-241, which amend specified statutes similarly to those amended by Part I of this act, if Senate Bill 553 (Regulatory Reform Act of 2019) becomes law.
Part II
Adds the following additional appropriations. Appropriates $4.8 million in nonrecurring funds from the General Fund to the UNC Board of Governors for the 2020-21 school year to be allocated to the Southern Regional Area Health Education Center to be used for residencies in the Center service areas and for facility and structural improvements associated with current residency programs.
Part IV
Makes the entire act effective July 1, 2020 (previously, Sections 1 through 3 of Part I of the act were to become effective October 1, 2020, with the remaining provisions effective July 1, 2020).
Changes the act's long title.
Senate committee substitute makes the following changes to the 5th edition.
Section 2
Makes organizational changes.
Amends proposed GS 163-226.3(c), regarding the composition of multipartisan teams. Now, of the team members required to represent the two political parties having the highest number of affiliated voters in the State, requires the team members to be recommended by the members of that political party serving on the county board of elections, rather than by the county chair of each respective political party. Clarifies that the proposed provisions applies to appointments to a multipartisan team on or after the date the act becomes law.
Section 4.5
Adds to the proposed changes to GS 163-182.2 to clarify that precinct officials are required to provide a preliminary report of the vote counting on election day to the county board of elections as quickly as possible (previously, did not specify the preliminary report is required on election day).
Eliminates the proposed changes to GS 163-166.11, regarding publication of the number of provisional ballots cast in an election by 5:00 p.m. the day after the close of polls. Instead, adds a requirement for county boards to publish the following information by 12:00 p.m. two days after the close of polls: the number of provisional ballots cast on election day, cast by one-stop absentee voting, cast by mail-in absentee ballots received as of election day, and cast by military and overseas absentee ballots cast under State law and received as of election day.
Section 7
Eliminates the mandate requiring the State Board of Elections (State Board) to investigate IP addresses or VPNs accessing the website for submitting online requests for absentee ballots to request absentee ballots for more than 10 qualified voters from the date the website is first available to voters through October 27, 2020, as well as the coordinating reporting requirements. Instead, requires the State Board to report to the specified NCGA committee by February 1, 2021, regarding online requests for absentee ballots, including online requests by county, and the results of any cybersecurity investigations related to online requests during the 2020 general election.
Section 11.1
Changes the source of the $2,120,497 in matching State funds appropriated to the State Board for 2020-21 for coronavirus response during the 2020 election cycle. Previously, appropriated the funds from the General Fund to match the federal CARES Act funds appropriated. Now, directs the Department of Commerce to transfer the same amount in nonrecurring funds from the Job Investment Grant Special Revenue Fund to the State Board for 2020-21, as the required State match. Requires the transfer to be made no later than August 15, 2020.
Section 11.2
Changes the source of the $2,335,488 in matching State funds appropriated to the State Board for 2020-21 for specified election purposes and county HAVA expense reimbursements. Previously, appropriated the funds from the General Fund to match the federal HAVA funds appropriated. Now, directs the Department of Commerce to transfer the same amount in nonrecurring funds from the Job Investment Grant Special Revenue Fund to the State Board for 2020-21, as the required State match. Requires the transfer to be made no later than August 15, 2020.
Adds to the identified uses and coordinating allowable amounts the State Board is authorized to use from a portion of the HAVA funds and State match funds appropriated by the act, $1 million to assist counties with the speed, accuracy, and transparency of the counties' election, voter, and canvass data and processes.
Sections 11A.1 and 11A.2
Adds new sections. Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.
Provides for the continued validity of 2019 legislation appropriating funds to entities covered by the act, unless expressly repealed or amended.
Senate committee substitute makes the following changes to the 2nd edition.
Adds a statement of legislative intent to restore employer contribution rates for Retiree Health and the State Health Plan to the amounts provided in SL 2019-209, as originally enacted, subject to the provision of federal relief funds or additional flexibility of existing federal relief funds that can be used to support the General Fund.
Intro. by Faircloth. | APPROP, UNCODIFIED |
The Daily Bulletin: 2020-06-09
House committee substitute to the 4th edition makes the following changes.
Part I.
Directs the Administrative Office of the Courts (AOC) to develop and disseminate the forms required for an expunction petition under new GS 15A-145.8 by September 1, 2020. New GS 15A-145.8 provides for expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence, applicable to offenses committed on or after December 1, 2019.
Part II.
Postpones the effective date of Part II of the act from December 1, 2019, to December 1, 2020. Part II amends GS 15A-151.5 and GS 15A-151 regarding access to expunged files maintained by AOC.
Part III.
Changes the effective dates set forth for the proposed changes to various subsections of GS 15A-146 concerning expunction of records when charges are dismissed or there are findings of not guilty. Now provides that the changes to subsections (a) through (a3) and (a5), regarding petitions for expunction, apply to petitions filed on or after December 1, 2020 (was, December 1, 2019), and that new subsection (a4), regarding expunction by operation of law, applies to charges disposed of on or after December 1, 2021 (was, July 1, 2020). Makes conforming changes.
Postpones the date by which the Department of Public Safety, the Department of Justice and AOC must jointly report to the specified NCGA committee on recommendations and costs involved for affected State agencies related to automatic expunction, from February 1, 2020, to October 1, 2021.
Part IV.
Postpones the effective date of the proposed changes to GS 15A-145.5, regarding expunction of certain misdemeanors and felonies, from December 1, 2019, to December 1, 2020. Makes the provisions applicable to petitions filed on or after that date.
Intro. by Britt, Daniel, McKissick. | GS 15A |
Senate committee substitute makes the following changes to the 1st edition.
Requires the Bipartisan Legislative Working Group on Criminal Law Recodification, created by the act, to meet at least monthly beginning no later than November 16, 2020, rather than August 15, 2020.
The Daily Bulletin: 2020-06-09
Senate amendment to the 1st edition makes the following changes.
Amends GS 115D-12, as amended, to modify the election of the Asheville-Buncombe Technical Community College Board of Trustees. Increases the number of trustees from 13 to 14 and requires that five (was, four) trustees be in Group One. Of the trustees elected in Group One, adds that one trustee must be elected by the Madison County Board of Education for a term commencing July 1, 2021, and quadrennially thereafter.
Intro. by B. Turner, Fisher, Ager. | Buncombe |
The Daily Bulletin: 2020-06-09
House committee substitute makes the following changes to the 1st edition.
Modifies proposed membership of the Southeast Regional Airport Authority, as renamed by the act, to consist of three registered voters of the Town of Maxton, and one registered voter of Scotland County (was, one registered voter of the Town of Maxton, and three registered voters of Scotland County). Maintains previously specified appointing authorities and remaining member qualifications. Makes conforming changes to initial membership terms.
Intro. by McInnis. | Scotland |
Actions on Bills: 2020-06-09
H 32: COLLABORATIVE LAW.
H 118: COVID-19 LIAB. SAFE HARBOR. (NEW)
H 340: AMEND APPT FOR COMPACT ON EDUCATION/MILITARY.
H 471: EXEMPT DIRECT PRIMARY CARE FROM DOI REGS. (NEW)
H 472: NCSU/ NC A&T MATCHING FUNDS/UMSTEAD ACT. (NEW)
H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW)
H 612: DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW)
H 679: RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW)
H 736: ELECTIVE SHARE-JOINT ACCOUNTS.
H 806: OPEN EXERCISE & FITNESS FACILITIES. (NEW)
H 885: ONLY ALLOW COURTS TO CHARGE FTA FEE ONCE. (NEW)
H 920: CONDOMINIUM ASSOCIATION CHANGES.
H 1048: CPS INTAKE SCREENING/PED RECOMMENDATIONS.
H 1053: PED/MILITARY OL & AUDIOLOGY INTERSTATE COMPCT. (NEW)
H 1063: FUND VIPER TOWER HARDWARE UPGRADES.
H 1064: GSC CLARIFYING BINGO LICENSE STATUTE.
H 1071: FUNDS TO DPI FOR ADM GROWTH. (NEW)
H 1072: GSC TECHNICAL CORRECTIONS 2020.
H 1087: WATER/WASTEWATER PUBLIC ENTERPRISE REFORM. (NEW)
H 1136: FUNDS FOR NCSSM-MORGANTON CAMPUS.
H 1163: GUILFORD FUNDS/CABARRUS LAND/BRUNSW SHELLFISH. (NEW)
H 1169: BIPARTISAN ELECTIONS ACT OF 2020. (NEW)
H 1187: RAISE THE AGE FUNDING. (NEW)
H 1218: SALARY RELATED CONTRIBS./DEBT SERVICE FUNDS. (NEW)
S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)
S 379: RETIREE AMENDMENTS.
S 390: DUPONT STATE FOREST-FINANCIAL STUDY.
S 562: THE SECOND CHANCE ACT.
S 708: CPS INTAKE SCREENING/PED RECOMMENDATIONS.
S 719: RETIREMENT TECH./PROTECT./& OTHER CHANGES. (NEW)
S 750: CAPITAL PROJECTS-ELIZABETH CITY STATE UNIV. (NEW)
Actions on Bills: 2020-06-09
H 1062: BEAUFORT COUNTY/ANIMAL SERVICES RECORDS.
H 1151: ASHEVILLE-BUNCOMBE BD. OF TRUSTEES.
H 1154: GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY.
H 1159: ADD MEMBERS/JOHNSTON CNTY. AIRPORT AUTHORITY.
S 201: BOLTON, DUNN, JACKSONVILLE BOUNDARIES. (NEW)
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