North Carolina 2018 Extra Session 3 Status: Enacted Bipartisan · 10 R · 5 D cosponsors

SB 3 — 2018 Hurricane Florence Disaster Recovery Act.

Last action — Pres. To Gov. 10/16/2018

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 02, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 37 sponsors

    11 primary, 26 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 5 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

261 added · 762 removed

Plain-language change summary

The recent amendment to Senate Bill 3 removed a line that referenced the assessments of damages from Hurricane Florence. This change focuses the bill more directly on the immediate needs for relief and recovery rather than on the assessment process itself. By streamlining the language, the amendment emphasizes the urgency of providing support to those affected by the hurricane, which is crucial for timely assistance and recovery efforts.

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GENERAL ASSEMBLY OF NORTH CAROLINA THIRD EXTRA SESSION 2018 S 2 SENATE BILL 3 Appropriations/Base Budget Committee Substitute Adopted 10/15/18 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA THIRD EXTRA SESSION 2018 S 1 SENATE BILL 3 Short Title:
2018 Hurricane Florence Disaster Recovery Act.
Hurricane Florence Emergency Response Act.
Senators Britt, Meredith, Brown, B.
Jackson, Rabon, Clark, D.
Davis, Fitch, Lee, McInnis, Sanderson, Smith (Primary Sponsors);
Alexander, Ballard, Barringer, Blue, J.
Davis, Edwards, Gunn, Lowe, Newton, Tarte, Van Duyn, Waddell, and Wade.
October 2, 2018 A BILL TO BE ENTITLED AN ACT TO ENACT THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT.
Appropriations/Base Budget October 2, 2018 A BILL TO BE ENTITLED AN ACT TO ENACT THE HURRICANE FLORENCE EMERGENCY RESPONSE ACT.
This act shall be known as "2018 Hurricane Florence Disaster Recovery Act." SECTION 1.2.
This act shall be known as "The Hurricane Florence Emergency Response Act." 9 PART II.
The appropriations and allocations made in this act are for maximum amounts necessary to implement this act.
LEGISLATIVE FINDINGS DAMAGE CAUSED BY HURRICANE FLORENCE SECTION 2.1.(a) The General Assembly finds that Hurricane Florence was one of the strongest storms to form in the Atlantic Ocean in the historyof North Carolina, reachingwind speeds of up to 140 miles an hour and covering 500 miles;
Savings shall be effected where the total amounts appropriated or allocated are not required to implement this act.
making landfall on September 14, 2018;
PART II.
causing heavyrainfall, record flooding, high storm surge, and dozens of deaths in the State as of the date of this act;
HURRICANE FLORENCE DISASTER RECOVERY APPROPRIATION AND AVAILABILITY SECTION 2.1.(a) There is appropriated from the Hurricane Florence Disaster Recovery Fund the sum of three hundred ninety-eight million four hundred thirty thousand four hundred seventy-seven dollars ($398,430,477) for the 2018-2019 fiscal year.
and necessitating the declaration of a State of Emergency for the State by the Governor and a Major Disaster Declaration by the President of the United States for multiple counties in the State.
SECTION 2.1.(b) The availability for Hurricane Florence disaster recovery activities in this act are set out below:
SECTION2.1.(b) The General Assemblyfindsthat as a result of HurricaneFlorence the following has occurred:
FY 2018-19 Beginning Unreserved Fund Balance $ 0 Transfer from Savings Reserve, S.L.
(1) Central and southeastern North Carolina suffered significant damage to public and private property.
2018-134 $ 56,500,000 Transfer from Savings Reserve $ 700,000,000 Transfer from Education Lottery Reserve per G.S.
(2) Essential utility services and systems and other critical infrastructure have been seriously disrupted.
166A-19.40(c) $ 25,000,000 Transfer from Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund $ 2,000,000 Transfer of S.L.
(3) Over 880,000 people have lost power, thousands of people have been displaced from their homes, and 1,600 roads have been closed.
2016-124 funds $ 930,477 Transfer from Highway Fund $ 65,000,000 Total Hurricane Florence Disaster Recovery Activities Availabil$ty 849,430,477 Less Appropriations in S.L.
(4) Riverine flooding began at the start of Hurricane Florence, and the effects continue to be felt across the State.
2018-134 $ 56,500,000 Less Additional FY 2018-19 Appropriations $ 398,430,477 Unappropriated Balance Remaining $ 394,500,000 *S3-v-2* General Assembly Of North Carolina Third Extra Session 2018 SECTION 2.1.(c) The State Controller shall establish a Hurricane Florence Disaster Recovery Reserve in the State General Fund to maintain funds reserved for disaster recovery in this act.
Several large rivers reached and exceeded major flooding levels.
The State Controller shall transfer funds to the Hurricane Florence Disaster Recovery Fund only as needed to meet the appropriations set out in this act or other related acts of the General Assembly and only upon request by the Director of the Budget.
(5) As of the date of this act, twenty-eight of the State's counties have been declared a major disaster by the President of the United States under the Stafford Act (P.L.
Funds shall remain in the Reserve until funds are needed to comply with the allocations as set forth in this act.
93-288), with others requested and pending approval.
Funds reserved in the Reserve do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
*S3-v-1* General Assembly Of North Carolina Third Extra Session 2018 (6) North Carolinians have lost their lives, their loved ones, their homes, their communities, their schools and houses of worship, their life savings, their businesses and places of employment, their possessions, their pets, and their ways of life.
SECTION 2.1.(d) Effective October 2, 2018, Section 3.1(a) of S.L.
(7) Entire towns throughout eastern North Carolina were flooded to the rooftops as the record storm surge combined with water levels of rivers and streams crested at flood-stage heights far beyond those ever seen before in this State.
2018-134 reads as rewritten:
(8) Thirty-fourstatesassistedNorthCarolinainaddressingthedevastation caused by Hurricane Florence.
"SECTION 3.1.(a) The Hurricane Florence Disaster Recovery Fund is established.
(9) Thousands of emergency responders, National Guard members, and other volunteers worked to respond and assist disaster areas during and after the time the storm made landfall.
The purpose of the Fund is to provide necessaryand appropriate relief and assistance from the effects of Hurricane Florence, consistent with the provisions of this act,act and with subsequent legislation addressing the effects of Hurricane Florence.
(10) Swift action by the General Assembly is necessary to provide relief to and facilitate recovery efforts for the citizens of North Carolina devastated from the Hurricane.
The Fund shall be maintained as a special fund and administered bythe Office of State Budget and Management or byanother State agency, as determined by the Governor, to carry out the provisions of this and subsequent acts necessitated as a result of Hurricane Florence.
(11) Assessments from the damages resulting from Hurricane Florence are ongoing, and Public Assistance projects are in planning stages to repair facilities and roads, remove debris, and otherwise effectuate cleanup and repair.
All State and federal funds appropriated or reallocated for Hurricane Florence relief and recovery efforts shall be budgeted and accounted for in the Fund established in this section." SECTION 2.2.
(12) Further assistance by the General Assembly will be needed on behalf of the people and local governments who have suffered damage to public buildings, roads, wastewater treatment plants, and other critical infrastructure.
The State Controller shall transfer the sum of seven hundred million dollars ($700,000,000) for the 2018-2019 fiscal year from the Savings Reserve in the General Fund to the Hurricane Florence Disaster Recovery Reserve.
SECTION 2.3.
The Office of State Budget and Management shall transfer the sum of twenty-five million dollars ($25,000,000) for the 2018-2019 fiscal year from the Education Lottery Reserve to the Hurricane Florence Disaster Recovery Reserve.
The transfer authorized by this section and allocated in this act ratifies the prior budgetary action taken by the Governor and shall not be construed to duplicate that transfer of lottery funds.
SECTION 2.4.
Notwithstanding G.S.
143-215.73F,the Department of Environmental Quality shall transfer the sum of two million dollars ($2,000,000) for the 2018-2019 fiscal year from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to the Office of State Budget and Management to be credited to the Hurricane Florence Disaster Recovery Reserve.
SECTION 2.5.
Of the funds allocated to the Department of Insurance, Office of the State Fire Marshal, by subdivision (11) of Section 4.1 of S.L.
2016-124 for grants to volunteer fire departments, the sum of nine hundred thirty thousand four hundred seventy-seven dollars ($930,477) is transferred to the Hurricane Florence Disaster Recovery Reserve.
SECTION 2.6.
Notwithstanding any provision of law to the contrary, the Department of Transportation shall transfer from the HighwayFund the sum of sixty-five million dollars ($65,000,000) for the 2018-2019 fiscal year to the Office of State Budget and Management to be credited to the Hurricane Florence Disaster Recovery Reserve.
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SCOPE OF ACT SECTION 3.
CREATION OF HURRICANE FLORENCE DISASTER RECOVERY FUND SECTION 3.1.(a) The Hurricane Florence Disaster Recovery Fund is established.
Unless otherwise provided, Section 2.1(a) of this act applies to the North Carolina counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
The purpose of the Fund is to provide necessary and appropriate relief and assistance from the effects of Hurricane Florence, consistent with the provisions of this act, subsequent legislation addressing the effects of Hurricane Florence.
93-288) as a result of Hurricane Florence.
The Fund shall be maintained as a special fund and administered by the Office of State Budget and Management or by another State agency, as determined by the Governor, to carry out the provisions of this and subsequent acts necessitated as a result of Hurricane Florence.
All State and federal funds appropriated for Hurricane Florence relief and recovery efforts shall be budgeted and accounted for in the Fund established in this section.
SECTION 3.1.(b) Funds shall be drawn from the Fund only as needed upon justification by a State agency as evidence of the need for funds related to Hurricane Florence recovery efforts.
SECTION 3.1.(c) Funds in the Fund that are not expended, made subject to an encumbrance, or disbursed shall remain available to implement the provisions of this act and subsequent acts necessitated as a result of Hurricane Florence until the General Assemblydirects the reversion of the unexpended funds.
Funds received by a State agency from the Fund that are not expended, made subject to an encumbrance, or disbursed to another entity at the end of each fiscal year shall revert to the Fund.
Funds received by a non-State entity from the Fund that, after three years, arenot expended, made subject to an encumbrance, or disbursed to asubgrantee shall be returned to the Fund.
FUNDING OF DISASTER RELIEF/REIMBURSEMENT ALLOCATIONS OF FUNDS FOR DISASTER RELIEF Page 2 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 SECTION 4.1.
FUNDING OF DISASTER RELIEF APPROPRIATIONS AND ALLOCATIONS OF FUNDS FOR DISASTER RELIEF SECTION 4.1.
The funds appropriated in Section 2.1(a) of this act in the Hurricane Florence Disaster Recovery Fund created in S.L.
Notwithstanding G.S.
2018-134 shall be allocated as provided in the Committee Report described in Section 6.1 of this act and as follows:
143C-4-2, the State Controller shall transfer the sum of fifty-six million five hundred thousand dollars ($56,500,000) for the 2018-2019 fiscal Page 2 Senate Bill 3-First Edition General Assembly Of North Carolina Third Extra Session 2018 year from the Savings Reserve in the General Fund to the Hurricane Florence Disaster Recovery Fund and these funds are appropriated within the Fund and shall be allocated as follows:
5 Department of Agriculture and Consumer Services $ 70,000,000 Community Colleges System Office $ 18,500,000 Department of Environmental Quality $ 4,000,000 Department of Health and Human Services $ 12,000,000 Housing Finance Agency $ 10,000,000 Department of Insurance $ 930,477 Department of Public Instruction $ 60,000,000 Department of Public Safety $ 100,000,000 Office of State Budget and Management $ 25,000,000 Department of Transportation $ 65,000,000 University of North Carolina – Board of Governors $ 33,000,000 REIMBURSEMENT FOR FUNDS PROVIDED UNDER THIS ACT SECTION 4.2.(a) A recipient of State funds under this act shall use best efforts and take all reasonable steps to obtain alternative funds that cover the losses or needs for which the State funds are provided, including funds from insurance policies in effect and available federal aid.
(1) Six million five hundred thousand dollars ($6,500,000) to the Department of Public Instruction to supplement or replace lost compensation of school lunch employees due to school closures resulting from Hurricane Florence.
Further, each institution of higher education and non-State entity that receives State funds under this act shall also seek private donations to help cover the losses or needs for which these State funds are provided.
(2) Fifty million dollars ($50,000,000) for the following purposes related to Hurricane Florence:
SECTION 4.2.(b) If a recipient obtains alternative funds pursuant to subsection (a) of this section, the recipient shall remit the funds to the State agency from which the State funds were received.
A recipient is not required to remit any amount in excess of the State funds provided to the recipient under this act.
The State agency shall transfer these funds to the Hurricane Florence Disaster Recovery Fund.
The funds shall further be transferred to the applicable fund or reserve from which the funds were originally transferred to the Fund, except that the first twenty-five million dollars ($25,000,000) deposited under this subsection as reimbursement for funds expended for repair and renovation of facilities damaged by Hurricane Florence for local school administrative units, lab schools, and any eligible Innovative School District shall be transferred to the Education Lottery Reserve Fund.
Funds deposited into the Fund under this subsection are receipts that do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
SECTION 4.2.(c) Any contract or other instrument entered into by a recipient for receipt of funds under this act shall include the requirements set forth in subsections (a) and (b) of this section.
SECTION 4.2.(d) For purposes of this section, the term "recipient" means a local political subdivision of the State, a State agency, a State department, an institution of higher education as defined in Section 5.3(a) of this act, a public school unit as defined in Section 5.1 of this act, or a non-State entity.
ADDITIONAL LIMITATIONS ON USE OF FUNDS SECTION 4.3.(a) The Governor shall ensure that funds appropriated in this act are expended in a manner that does not adversely affect any person's or entity's eligibility for federal fundsthat are made available,orthat are anticipatedto bemade available, as aresult of Hurricane Florence.
The Governor shall also, to the extent practicable, avoid using State funds to cover costs that will be, or likely will be, covered by federal funds.
SECTION 4.3.(b) The Governor maynot use the funds described in this act to make reallocations under G.S.
166A-19.40(c).
Nothing in this act shall be construed to prohibit the Senate Bill 3-Second Edition Page 3 General Assembly Of North Carolina Third Extra Session 2018 Governor from exercising the Governor's authority under this statute with respect to funds other than those described in this act.
4 PART V.
IMPLEMENTATION OF ACT 6 AVERAGE DAILY MEMBERSHIP DETERMINATION SECTION 5.1.
Notwithstanding any other provision of law, in allocating funds for the 2018-2019 fiscal year, the State Board of Education shall adjust the allotted average daily membership (ADM) of public school units for the 2018-2019 school year in a manner that will assist units impacted by Hurricane Florence as follows:
Allotment adjustments for ADM decreases shall be based on the highest of the first four months' ADM for public school units located in counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence.
Consistent with the Allotment Adjustments for ADM Growth provisions of the NC Public Schools Allotment Policy Manual applicable for the 2018-2019 school year, local school administrative units are encouraged to apply for additional funding to address needs related to extraordinary ADM growth due to an influx of displaced students as a result of Hurricane Florence.
If the State Board of Education does not have sufficient resources in the ADM Contingency Reserve line item to make allotment adjustments in accordance with this section, the State Board of Education may use funds appropriated to State Aid for Public Schools for this purpose.
For the purposes of this section, "public school unit" is defined as a local school administrative unit, regional school, innovative school, laboratory school, charter school, or residential school for the deaf or the blind.
CAPITAL RECOVERY FUNDS – PUBLIC SCHOOL FACILITIES SECTION 5.2.
The funds allocated to the Department of Public Instruction in this act shall not be subject to approval by the State Board of Education.
EMERGENCY SCHOLARSHIP GRANTS FOR POSTSECONDARY STUDENTS SECTION 5.3.(a) Program Established;
Purpose.
– There is established the Hurricane Florence Emergency Grant Program for Postsecondary Students (Program) to provide emergencyscholarship grants in anamount upto onethousand two hundred fiftydollars($1,250) per student to eligible postsecondary students who have suffered financial hardship due to the damage and destruction from Hurricane Florence.
An emergency scholarship grant shall be used to mitigate the impact of Hurricane Florence on a student so that his or her postsecondary education in a North Carolina institution of higher education continues uninterrupted.
These funds maybe used to cover anyexpenses that support a student's continued enrollment, including costs related to transportation, textbooks, tuition, fees, and living expenses.
For the purposes of this section, an "institution of higher education" is defined as a constituent institution of The University of North Carolina, a community college under the jurisdiction of the State Board of Community Colleges, or an eligible private postsecondary institution, as defined in G.S.
116-280(3).
SECTION5.3.(b) Applications;
Eligibility.
– ByNovember1, 2018, each institution of higher education that is eligible for an allocation of funds pursuant to this section shall begin accepting applications from eligible postsecondary students.
An application for an emergency scholarship grant must demonstrate that the student is an eligible postsecondary student by including documentation that the student meets the following criteria:
(1) The student is enrolled in the institution of higher education at the time of application.
Page 4 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 (2) The student has a financial need related to the impact of Hurricane Florence.
(3) The student meets at least one of the following criteria:
The institution of higher education in which the student was enrolled as of September 10, 2018, is located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
To provide the State match for federal disaster assistance programs.
93-288) as a result of Hurricane Florence.
The student resided, as of September 10, 2018, temporarily or permanently, in a countydesignated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
To pay for the costs and the relief and assistance authorized by G.S.
166A-19.42(b).
This sub-subdivision applies to the North Carolina counties that are or become designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
SECTION 5.3.(c) Award of Grants.
EACH APPROPRIATION AND ALLOCATION IS MAXIMUM AND CONDITIONAL SECTION 4.2.
– Within the funds available to an institution of higher education in accordance with this section, an institution shall award an emergency scholarship grant to an eligible postsecondary student within two weeks of the receipt of the application, or as soon as otherwise practicable, in an amount of up to one thousand two hundred fifty dollars ($1,250) based on the information provided in the student's application.
The appropriations and allocations made in this act are for maximum amounts necessary to implement this act.
An institution of higher education may establish priority in the award of emergency scholarship grants to eligible postsecondary students based on the funds available and the pool of applicants, including giving priority to students who have demonstrated the greatest financial need.
Savings shall be effected where the total amounts appropriated or allocated are not required to implement this act.
If no priority in the award of funds is established, the emergency scholarship grants shall be awarded in the order in which applications are received.
APPROPRIATION OF FEDERAL FUNDS SECTION 4.3.
If the institution of higher education has unexpended funds remaining after the award of the initial emergency scholarship grants, the institution may increase the award to an eligible postsecondary student who previously received funds or solicit additional applications from eligible postsecondary students, provided that the award to an individual student does not exceed one thousand two hundred fifty dollars ($1,250) for each academic semester in which funds are awarded.
Appropriation/Federal Funds.
SECTION5.3.(d) Reimbursementfor Losses CoveredbyOther Funds.
– Funds received on or after September 13, 2018, under the federal Stafford Act (P.L.
–Aneligible postsecondarystudent who receives an emergency scholarship grant under the Program shall use best efforts and take all reasonable steps to obtain alternative funds that cover the losses or needs for which the emergency scholarship grant funds are provided, including funds from insurance policies in effect and available federal aid.
93-288) and other federal disaster assistance programs for State disasters as a result of Hurricane Florence are appropriated in the amounts provided in the notifications of award from the federal government or any entity acting on behalf of the federal government to administer federal disaster recovery funds.
If the student obtains alternative funds, the student shall remit the amount of the emergencyscholarship grant covered bythe alternative funds to the institution of higher education.
The Office of State Budget and Management and affected State agencies shall report all notifications of award to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the General Assembly.
A student is not required to remit any amount in excess of the funds provided to the student.
PART V.
SECTION 5.3.(e) Funds for UNC Constituent Institutions.
IMPLEMENTATION OF ACT INVOLVEMENT OF HISTORICALLY UNDERUTILIZED BUSINESSES SECTION 5.1.
– Of the funds allocated to the Board of Governors of The University of North Carolina from the Hurricane Florence Disaster Recovery Fund for the 2018-2019 fiscal year, the sum of two million dollars ($2,000,000) in nonrecurring funds shall be allocated by the Board of Governors to constituent institutions of The University of North Carolina for the purpose of providing emergency scholarship grants to eligible postsecondary students in accordance with the Program.
It is the intent of the General Assembly that, during this time of rebuilding and relief efforts, each State agency should strive to acquire goods and services from historicallyunderutilized business vendors, whether directlyas principal contractors or indirectly as subcontractors or otherwise.
The Board of Governors shall prioritize the allocation of funds based on the impact of Hurricane Florence on enrolled students to the following constituent institutions:
LEGISLATIVE REVIEW OF FEDERAL FUNDING AND REMAINING UNMET NEEDS SECTION 5.2.
(1) A constituent institution located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
It is the intent of the General Assembly to review in 2018 and 2019 the funds appropriated by Congress for disaster relief and to consider actions needed to address any remaining unmet needs.
93-288) as a result of Hurricane Florence.
It is also the intent of the General Assembly to review the adequacy of the measures funded by Section 4.1 of this act at that time.
(2) A constituent institution that is not located a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
ELECTIONS RELIEF SECTION 5.3.(a) In response to Hurricane Florence and its aftermath, for the November 2018 election only, the following shall apply:
93-288) as a result of Hurricane Florence but has an eligible postsecondary student enrolled at the institution who (i) resides, temporarily or permanently, in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
(1) Notwithstanding G.S.
93-288) as a Senate Bill 3-Second Edition Page 5 General Assembly Of North Carolina Third Extra Session 2018 result of Hurricane Florence or (ii) has transferred to the institution due to the damage and destruction caused by Hurricane Florence.
163A-865(d), 163A-883, and 163A-884, applications for voter registration for the November 2018 election may be submitted until 5:00 P.M.
Constituent institutions allocated funds under this subsection shall have discretion to establish criteria for the eligibility of postsecondary students in addition to the criteria required by this section.
on October 15, 2018.
However, the Board of Governors shall not establish additional eligibility requirements for the administration of the Program to those set forth in this section.
If the application for voter registration is submitted by facsimile transmission or transmission of a scanned document, Senate Bill 3-First Edition Page 3 General Assembly Of North Carolina Third Extra Session 2018 a permanent copy of the completed, signed form shall be delivered to the county board of elections no later than October 20, 2018.
SECTION 5.3.(f) Funds for Community Colleges.
(2) For any site that has previously been designated a one-stop site for absentee ballots to be applied for and cast during the period required by G.S.
– Of the funds allocated to the Community Colleges System Office from the Hurricane Florence Disaster Recovery Fund for the 2018-2019 fiscal year, the sum of five million dollars ($5,000,000) in nonrecurring funds shall be allocated by the State Board of Community Colleges to community colleges for the purpose of providing emergency scholarship grants to eligible postsecondary students in accordance with the Program.
163A-1300(b) for the November 2018 election under G.S.
The State Board of Community Colleges shall prioritize the allocation of funds based on the impacts of Hurricane Florence on enrolled students to the following community colleges:
163A-1303, a county board of elections by unanimous vote may provide for a substitution of the one-stop site, provided that the change is solely to substitute a one-stop site that was damaged by Hurricane Florence.
(1) A community college located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
(3) A county board of elections may adopt a resolution altering voting places for the November 2018 election, provided that the change is solely to substitute a voting place that was damaged by Hurricane Florence.
93-288) as a result of Hurricane Florence.
(2) A community college that is not located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence but has an eligible postsecondary student enrolled at the community college who (i) resides, temporarily or permanently, in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence or (ii) has transferred to the community college due to the damage and destruction caused by Hurricane Florence.
Community colleges allocated funds under this subsection shall have discretion to establish criteria for the eligibility of postsecondary students in addition to the criteria required by this section.
However, the State Board of Community Colleges shall not establish additional eligibility requirements for the administration of the Program to those set forth in this section.
SECTION 5.3.(g) Funds for Private Postsecondary Institutions.
– Of the funds allocated to the Board of Governors of The University of North Carolina from the Hurricane Florence Disaster Recovery Fund for the 2018-2019 fiscal year, in addition to the two million dollars($2,000,000)allocatedto constituent institutions pursuant to subsection (e)ofthis section, the sum of one million dollars ($1,000,000) in nonrecurring funds shall be allocated to the State Education Assistance Authority (Authority) to provide funds to eligible private postsecondary institutions as defined in G.S.
116-280(3) for the purpose of providing emergency scholarship grants to eligible postsecondary students in accordance with the Program.
The Authority shall prioritize the allocation of funds based on the impact of Hurricane Florence on enrolled students to the following eligible private postsecondary institutions:
(1) A private postsecondary institution with a campus located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence.
(2) A campus of a private postsecondary institution that is not located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence but has an eligiblepostsecondarystudent enrolled at theprivate postsecondary institution who (i) resides, temporarilyor permanently, in a countydesignated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence or (ii) has Page 6 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 transferred to the private postsecondary institution due to the damage and destruction caused by Hurricane Florence.
Private postsecondary institutions allocated funds under this subsection shall have discretion to establish criteria for the eligibility of postsecondary students in addition to the criteria required by this section.
However, the Authority shall not establish additional eligibility requirements for the administration of the Program to those set forth in this section.
A private postsecondaryinstitution receiving funds pursuant to this subsection shall report to the Authority on the implementation of the Program, including the information required for the report under subsection (h) of this section.
SECTION 5.3.(h) Reporting Requirements.
– By April 1, 2019, the Board of Governors of The Universityof North Carolina, the State Board of CommunityColleges, and the Authorityshall reportto thechairs oftheHouseofRepresentativesCommitteeonAppropriations and the Senate Appropriations/Base Budget Committee, the Joint Legislative Education Oversight Committee, Office of Recovery and Resiliency in the Department of Public Safety, and to the Fiscal Research Division of the General Assembly on the implementation of the Program at the institutions of higher education that received funds pursuant to this section, including the number and type of institutions of higher education that were allocated funds, the amount of funds allocated to each institution, the number of emergency scholarship grants awarded to students and theamount of those grants,theuseof emergencyscholarship grant funds byeligible postsecondary students, anyfunds reimbursed to institutions dueto coverage of losses by alternative funds, and any remaining funds available for awards in subsequent semesters.
BEHAVIORAL HEALTH SERVICES SECTION 5.4.(a) The following definitions apply in this section:
(1) DMH/DD/SAS.
– The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services within the Department of Health and Human Services.
(2) Federally declared disaster area.
– Any county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence.
(3) LME/MCO.
– As defined in G.S.
122C-3.
(4) Qualifying LME/MCO.
– An LME/MCO with a catchment area that includes at least one federally declared disaster area.
SECTION 5.4.(b) It is the intent of the General Assemblyto support individuals and families experiencing distress as a result of Hurricane Florence bymeeting the increased demand for behavioral health services in the counties most impacted by Hurricane Florence.
To that end, fundsallocatedinthisactfromtheHurricaneFlorenceDisasterRecoveryFundtotheDepartment of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to increase single-stream funding, shall be allocated by DMH/DD/SAS among LME/MCOs with a catchment area that includes at least one federally declared disaster area.
DMH/DD/SAS shall determine the basis for allocating these funds among qualifying LME/MCOs.
Qualifying LME/MCOs shall not use these allocated funds for any purpose other than to fund mental health, developmental disabilities, and substance use disorder services that are (i) for individuals residing in a federally declared disaster area who have been determined by the LME/MCO to be in need of these services as a result of Hurricane Florence, and (ii) not reimbursable under the Medicaid program.
Each qualifying LME/MCO shall offer at least the same level of single-stream service utilization required by Section 11F.2(b) of S.L.
2017-57, as amended, increased proportionately by the amount of single-stream funding allocated to the LME/MCO pursuant to this section.
SECTION 5.4.(c) Pursuant to its authority under G.S.
108A-54(e), the Department of Health and Human Services shall manage, within the Medicaid budget, any increased demand Senate Bill 3-Second Edition Page 7 General Assembly Of North Carolina Third Extra Session 2018 for behavioral health services reimbursable under the Medicaid program for individuals residing in a federally declared disaster area.
4 ASSISTANCE FOR UNAFFILIATED COMMUNITY HOSPITALS SECTION 5.5.(a) It is the intent of the General Assembly to assist unaffiliated communityhospitals, especiallythose serving rural areas, in covering the increase in nursing and other staffing expenses related to Hurricane Florence.
To that end, funds allocated in this act from the Hurricane Florence Disaster Recovery Fund to the Department of Health and Human Services,DivisionofCentralManagementandSupport,OfficeofRuralHealth,shallbeallocated to the North Carolina Hospital Foundation (NCHF), a nonprofit corporation.
NCHF shall use thesefundsto award grants, on abasis determined byNCHF, to unaffiliated communityhospitals located in counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence, with priority consideration giventounaffiliatedcommunityhospitalsservingrural areas.
Grantrecipientsshall not use these funds for any purpose other than to (i) offset the cost of increased nursing and other staffing expenses related to Hurricane Florence, and, after this purpose is fulfilled, (ii) assist the community hospital with other relief related to Hurricane Florence.
Grant recipients are prohibited from using these funds to supplant existing funds for community recovery related to Hurricane Florence.
Notwithstanding Section 3.1(c) of S.L.
2018-134, any funds allocated pursuant to this section that have not been expended or encumbered as of June 30, 2019, shall revert to the Hurricane Florence Disaster Recovery Fund.
SECTION 5.5.(b) ByJuly15, 2019, each unaffiliated community hospital receiving grant funding from NCHF pursuant to subsection (a) of this section shall submit to the Office of Rural Health and the Office of Recovery and Resiliency in the Department of Public Safety a written report of all expenses funded by State appropriations.
By December 1, 2019, the Office of Rural Health shall submit a written report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on the use of the funds allocated pursuant to subsection (a) of this section.
EXTEND 90-DAY TRANSITION PERIOD IN CERTAIN COUNTIES/CHILD CARE SUBSIDY SECTION5.6.(a) Notwithstandinganyotherprovision oflaworruletothecontrary, the Department of Health and Human Services, Division of Child Development and Early Education, shall extend the transition period from 90 days to 120 days for a child care subsidy recipient who is otherwise eligible for child care subsidy and resides in an area damaged or impacted by Hurricane Florence if the recipient is (i) temporarily absent from employment, training, or an educational program with arrangements to continue the same employment, training, or educational program, (ii) unemployed but seeking employment, or (iii) no longer attending a training or educational program but is seeking employment or to resume attendance at a training or educational program.
SECTION 5.6.(b) This Section applies only (i) in the counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
93-288) as a result of Hurricane Florence and (ii) for the 2018-2019 fiscal year.
CREATION OF OFFICE OF RECOVERY AND RESILIENCY/GRANTS SECTION 5.7.(a) The Office of Recovery and Resiliency (Office) is created in the DepartmentofPublicSafety.TheOfficeshallexecutemulti-yearrecoveryandresiliencyprojects and administer funds provided by the Community Development Block Grant Disaster Recovery program.
The Secretary may reassign up to 15 existing positions of the Division of Emergency Management to the Office.
In addition, the Secretary may create up to 30 new three-year time-limited positions.
The reassigned positions assigned to the Office shall retain the Page 8 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 employment status of the positions at the time of the reassignment after implementation of this act is completed.
The three-year time-limited positions created in this section shall be temporary positions and are exempt from the provision of the State Human Resources Act, Chapter 126 of the General Statutes, except Articles 6 and 7 of that Chapter.
The Office will provide general disaster recovery coordination and public information;
citizen outreach and application case management;
audit, finance, compliance, and reporting on disaster recovery funds;
and program and construction management services.
The Office shall also contract for services from vendors specializing in housing, construction, and project management services.
SECTION 5.7.(b) The Office shall develop and administer a grant program for financially distressed local governments to assist with recovery capacity.
The grants shall cover the salaries, benefits, and operating costs for up to two three-year positions and may also be used to purchase one vehicle per community as necessitated by the individual circumstances of each community.
The Office shall also, in consultation with the Local Government Commission, develop and administer a one-time emergency fund for local governments in disaster-affected areas that need immediate cash flow assistance.
These funds shall be used to meet local government debt service obligations, to meet payroll obligations for local governments, and to meet vendor payments where nonpayment would result in negative financial outcome.
OFFICE OF RECOVERY AND RESILIENCY REPORTS SECTION5.8.(a) BeginningJanuary1,2019,theOfficeofRecoveryand Resiliency (Office)shall provide quarterlyreportsto theDirectorofthe Budget, thestandingAppropriations Committees of the Senate and the House of Representatives, and the Fiscal Research Division on the use of State disaster recovery and assistance funds expended from the Hurricane Florence Recovery Fund.
The reports shall summarize oversight activities and the results achieved as well as all of the following:
(1) Expenditures by program and by source of funds.
(2) Expenditures required to receive federal grants.
(3) Federal funding provided to the State to refund certain federally related spending.
(4) Actual and projected State spending data including time lines and milestones.
(5) State spending data classified by disaster phase to include preparedness, response, mitigation, and recovery.
(6) Total State spending data by agency and by program.
(7) Total State spending by program and county, where practicable.
(8) Location and job responsibilities of all time-limited State positions created under this act or paid for with federal funds received as a result of Hurricane Florence.
SECTION 5.8.(b) In addition to the quarterly reports required under subsection (a) ofthissectionandbeginningJanuary1,2020,theOfficeshallprovideannualreportsthatcompile the information contained in the quarterly reports.
The annual reports shall be submitted to the entities required under subsection (a) of this section.
NATIONAL GUARD MEMBERS/REEMPLOYMENT SECTION 5.9.
G.S.
127A-202(a) reads as rewritten:
"(a) Release From State Duty.
– Upon an employee's release from state duty, the employee's previous employer shall reemploy the employee in the employee's previous position within five days of the employee's release from state duty.
If the employee's state duty lasted 30 days or less, the employee shall make written application to the employee's previous employer for reemployment no later than the first regularly scheduled work period which that begins eight hours 24 hours after the employee has safely traveled from the place of state service to the employee's residence.
If the employee's state duty lasted more than 30 days, the employee shall Senate Bill 3-Second Edition Page 9 General Assembly Of North Carolina Third Extra Session 2018 make written application to the employee's previous employer for reemployment within 14 days of the employee's release from state duty.
If the employee is still qualified for the employee's previous employment, the employee shall be restored to the employee's previous position or to a position of like seniority, status, and salary, unless the employer's circumstances now at that time make the restoration unreasonable.
If the employee is no longer qualified for the employee's previous employment, the employee shall be placed in another position, position for which the employee is qualified, qualified and which that will give the employee appropriate seniority, status, and salary, unless the employer's circumstances now at that time make the placement unreasonable." NORTH CAROLINA NATIONAL GUARD/OVERPAYMENT OF FUNDS SECTION 5.10.
143-64.80, the Office of State Controller shall waive any outstanding debt arising from, or as a result of, any State active duty performed by North Carolina National Guard Service members in response to Hurricane Matthew in 2016 due to overpayment of state active duty salary.
163A-1045(a) and any other notice requirements provided in statute, the county board shall provide notice of the change in location in the most expedient manner possible.
The Department of Public Safety shall reimburse those North Carolina National Guard Service members who have already reimbursed the State for such overpayments.
This notice may be distributed through public service announcements, print, radio, television, online, and social media.
HURRICANE FLORENCE AGRICULTURAL DISASTER PROGRAM OF 2018 SECTION 5.11.(a) The General Assembly finds that:
If necessaryto alter a voting place for a precinct that was damaged by Hurricane Florence, the county board may also make changes as provided in G.S.
(1) The historic flood and other impacts of Hurricane Florence in September of 2018 caused unprecedented damage to the State and its people, with particular devastating statewide impacts on North Carolina farmers and the State's agriculture industry.
163A-1047, 163A-1048, and 163A-1049.
(2) The State has over 50,000 farms across over 8 million acres, which generates 87 billion dollars of economic impact annually and represents the State's number one industry, making it a vital component to a healthy state economy.
SECTION 5.3.(b) Subsection (a) of this section (i) is effective when it becomes law, (ii) applies only in the counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
(3) The total loss of crops as a result of the flooding is estimated at over a billion dollars and the estimated federal crop insurance payments will only cover a percentage of the total crop loss.
93-288) as a result of Hurricane Florence as of October 2, 2018, and (iii) applies for the November 2018 election only.
(4) The federal crop insurance program as authorized in the 2014 Farm Bill is an inadequate method of indemnification as compared to traditional forms of insurance and is not sufficient to aid farmers with substantial losses due to catastrophic events of nature.
SECTION 5.3.(c) County boards of elections shall educate the public, particularly individuals impacted or displaced by Hurricane Florence, about voting in the November 2018 election as follows:
(5) The State has a significant public interest to prevent the economic collapse of many of the State's farms, which could cause a severe disruption in the State's economy and food supply chain.
(1) Counties that maintain a board of elections Web site shall include information on that Web site about:
(6) The most effective program for administration of financial assistance is two-fold.
The first category shall be based on information available from the Farm Service Agency ("FSA") within the United States Department of Agriculture ("USDA").
The second category, for producers who do not participate in FSA programs, shall be based on verifiable documentation from producers.
SECTION 5.11.(b) For purposes of this section, the following definitions apply:
(1) Agricultural commodity.
– Apples, barley, corn, cotton, drypeas, flax, forage, freezingandcanningpeas,grainsorghum, grapes, hay,industrialhemp,native grass, nursery crops, nuts, oats, peanuts, potatoes, rye, soybeans, sunflowers, sweet corn, tobacco, tomatoes, wheat, specialty crops and other fruits and vegetables, and aquacultural species propagated or reared in a controlled or selected environment.
An agricultural commodity does not include stored grain.
Page 10 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 (2) Department.
– The Department of Agriculture and Consumer Services.
(3) Fund.
– The Hurricane Florence Agricultural Disaster Fund.
(4) Livestock.
– Cattle, sheep, swine, goats, farmed cervids, and bison.
Livestock shall include horses, mules, or other equines only if they are used for production of agricultural commodities.
(5) Person.
– Any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.
(6) Poultry.
– Chickens, quail, or turkeys.
(7) State.
– The State of North Carolina.
(8) USDA.
– The United States Department of Agriculture.
SECTION 5.11.(c) The Hurricane Florence Disaster Fund is established as a special fund in the Department of Agriculture and Consumer Services.
The Fund consists of allocations directed by the General Assembly and contributions and grants from public or private sources.
The Fund shall be used for a financial assistance program that provides assistance to farmers affected by Hurricane Florence.
The Department may not use funds for administrative purposes.
Earnings on the contributions and grants deposited in the Fund shall be credited to the Fund.
The Fund shall expire upon the complete expenditure of funds allocated for the purposes specified herein.
SECTION 5.11.(d) To be eligible for financial assistance for losses of agricultural commodities, a person must satisfy all of the following criteria:
(1) The person experienced a verifiable loss of agricultural commodities as a result of Hurricane Florence, and the person's farm is located in a North Carolina county that is or becomes any of the following:
Designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
Options to register to vote, including same day registration during the early voting period, and how to determine residency for voting purposes.
93-288) as a result of Hurricane Florence.
Included in either a Secretarial Disaster Declaration for Hurricane Florence issued by the United States Secretary of Agriculture or the Presidential Federal Emergency Management Agency Declaration for Hurricane Florence.
Options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting.
(2) The agricultural commoditywas planted on or before September 13, 2018, or, for aquaculture commodities, the commodities were being raised on or before September 13, 2018.
Information shall include locations and times of early one-stop voting.
SECTION 5.11.(e) A person seeking financial assistance for losses of agricultural commodities shall submit to the Department a Form 578 on file with the USDA Farm Service Agency or a form provided by the Department for reporting acreage or plantings of crops not typically reported on Form 578, along with any other documentation deemed appropriate by the Department, on or before December 10, 2018.
(2) When publishing notices of elections under G.S.
For nursery crops, fruit-bearing trees and bushes, and specialty crops where the survival level is not immediately known, the Department may extend this deadline to May 1, 2019, upon written request by the person received on or before December 10, 2018, and upon approval by the Department.
163A-769(8) for the 2018 general election, the notice shall include a brief statement regarding how to obtain information on voting for individuals impacted or displaced by Hurricane Florence.
A person receiving assistance under this program must provide a signed affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.
SECTION 5.3.(d) The Bipartisan State Board of Elections and Ethics Enforcement shall educate the public, particularly individuals impacted or displaced by Hurricane Florence, about voting in the November 2018 election.
SECTION 5.11.(f) To be eligible for financial assistance for losses of livestock or poultry, a person must first qualify for and receive payment through the USDA Livestock IndemnityProgram and beaparticipantin alivestockorpoultryindemnityprogram administered by the USDA Farm Service Agency.
The State Board shall:
SECTION 5.11.(g) A person seeking financial assistance for losses of livestock or poultry shall submit documentation of loss and indemnity received from the USDA Livestock IndemnityProgram, along with anyother documentation deemed appropriate bythe Department, to the Department on or before December 10, 2018.
(1) Include on its Web site information about:
The Department may extend this deadline to Senate Bill 3-Second Edition Page 11 General Assembly Of North Carolina Third Extra Session 2018 March 1, 2019, upon written request by the person received on or before December 10, 2018, and upon approval by the Department.
a.
A person receiving assistance under this program must provide a signed affidavit, under penaltyof perjury, certifying that each fact of the loss presented by the person is accurate.
Options to register to vote, including same day registration during the early voting period, and how to determine residency for voting purposes.
SECTION 5.11.(h) The Department shall administer the financial assistance program authorized by this section in accordance with the following criteria:
b.
(1) In determining the payment calculation for agricultural commodities, the Department shall use a formula based on acreage, county loss estimates, and USDA National Agricultural Statistics Service averages, and any other measure the Department deems appropriate.
Options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting.
Funds shall be distributed based on county averages for yields and State averages for price.
(2) Distribute information about the options to register to vote, including same day registration during the early voting period, and options to vote in the November2018 election,includingmail-inabsenteevotingandearlyone-stop voting to State agencies, shelters, groups, and other organizations serving persons impacted or displaced by Hurricane Florence.
Calculations shall be based on county or State averages in price, whichever the Department determines is appropriate.
Page 4 Senate Bill 3-First Edition General Assembly Of North Carolina Third Extra Session 2018 (3) Coordinate with the State and federal agencies to identify and notify as many persons as possible displaced by Hurricane Florence about the options to register to vote, including same dayregistration during the earlyvoting period and options to vote in theNovember 2018 election, including mail-in absentee voting and early one-stop voting.
(2) The payment calculation for livestock and poultry shall be based on twelve and one-half percent (12.5%) of the total loss reported to the USDA Livestock Indemnity Program.
When practicable, the State Board shall provide county specific information as to early one-stop voting locations and times.
(3) The Department shall gather all claim information, except from those applicants granted a deadline extension, nolater than December 10, 2018.
(4) Disseminate information about the options to register to vote, including same day registration during the early voting period and options to vote in the November2018 election,includingmail-inabsenteevotingandearlyone-stop voting.
The Department shall, as closely as possible, estimate the amount of the appropriation needed to be held in reserve for payments related to losses of livestock, poultry, nursery, bush, tree, and specialty crops for which losses will not be fully known or calculated.
Information may be distributed through public service announcements, print, radio, television, online, and social media.
The Department shall set aside funds as it deems appropriate based on the estimated percentage of these losses.
(5) Assist any county board of elections altering one-stop sites and voting places for the November 2018 election under subsection (a) of this section in educating the public on the changes.
(4) Payments made under this program shall be made to the person who filed the Form 578 or Department form for claims related to agricultural commodity losses, or the person who received payment from the USDA Livestock Indemnity Program for claims related to livestock or poultry losses.
SECTION 5.3.(e) Notwithstanding G.S.
SECTION5.11.(i) The Department mayaudit thefinancialandotherrecordsofeach recipient of funds in order to ensure that the funds are used in accordance with the requirements of this program.
163A-1535 and G.S.
The Department may require any documentation or proof it considers necessary to efficiently administer this program, including the ownership structure of each entity and the social security numbers of each owner.
163A-1520, there is appropriated from the cash balance in Budget Code 68025 in the Bipartisan State Board of Elections and Ethics Enforcement the sum of four hundred thousand dollars ($400,000) for the purpose of implementing this section.
In order to verify losses, the Department may require the submission of dated, signed, and continuous records.
MOSQUITO VECTOR POPULATION CONTROL SECTION 5.4.
These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.
It is the intent of the General Assembly to prevent large populations of floodwater mosquitoes from emerging following Hurricane Florence, as this could adversely impact the public health byhindering the State's response and recoveryefforts and increasing the number of vector-borne illnesses.
SECTION5.11.(j) Awardedfundsshallbeusedforagriculturalproductionexpenses and recovery of losses due to the impacts of Hurricane Florence.
To that end, the General Assembly encourages the Department of Health and Human Services, Division of Public Health, to continue to work with local health departments to expedite mosquito control efforts in counties that are or become part of a disaster declaration by the President of the United States under the Stafford Act (P.L.
The Department shall develop guidelines and procedures to ensure that funds are expended for the purposes allowed by this section, and mayrequire anydocumentation it determines necessary to verify the appropriate use of financial assistance awards including receipts.
All distributed funds are subject to federal and State income tax.
SECTION 5.11.(k) If the Department determines that a person who received financial assistance provided inaccurate information, then the person shall refund the entire amount of the financial assistance.
If the person does not refund the appropriate amount, the North Carolina Department of Revenue shall collect the money from the person pursuant to G.S.
105-242.
SECTION 5.11.(l) This section expires January 1, 2024.
COASTAL DEBRIS CLEANUP Page 12 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 SECTION 5.12.
Funds allocated in this act to the Department of Environmental Quality for coastal debris cleanup will be used to provide a grant to the North Carolina Coastal Federation to contract with third parties to remove and properly dispose of marine debris deposited in and adjacent to the waters of the State by Hurricane Florence.
The Federation shall not use any of the funds allocated to it by this section for administrative or overhead costs.
The Federation shall report on the use of the funds to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Office of Recovery and Resiliency in the Department of Public Safety, and the Fiscal Research Division on or before April 1, 2019.
LIVING SHORELINES PERMIT REVISIONS SECTION 5.13.
The Coastal Resources Commission shall adopt temporary rules pursuant to G.S.
150B-21.1 to revise the Commission's general permit for the construction of riprap sills for wetland enhancement in estuarine and public trust waters (15A NCAC 07H .2700) (the Living Shorelines General Permit) in order to make the general permit consistent with the United States Army Corps of Engineers Wilmington District regional general permit for living shorelines.
The temporary rules adopted by the Commission shall not include any changes to the Living Shorelines General Permit that would delay or otherwise alter general permits issued by the Commission for other types of coastal erosion control structures, including bulkheads and other hardened structures.
FERRY FEES WAIVER/SECRETARY OF TRANSPORTATION SECTION 5.14.
G.S.
136-82 is amended by adding a new subsection to read:
"(b2) Emergency Suspension of Tolling.
– The Secretary of Transportation may suspend the collection of tolls for any ferry route serving an emergency area, as declared pursuant to G.S.
166A-19.20 or G.S.
166A-19.22, for the duration of the state of emergency." DOT REPORTING REQUIREMENTS SECTION 5.15.
The Department of Transportation shall report within 30 days of the end of each calendar quarter to the Office of Recovery and Resiliency in the Department of Public Safety on the use of the funds allocated from the Hurricane Florence Disaster Recovery Fund and all matching funds received from the federal government.
The report shall contain all of the following information itemized by DOT Highway Division and county:
(1) Project scope and ranking by priority;
total cost;
amount spent (federal and state);
project status including percentage complete and timeline;
the responsible entity, including names of private contractors;
and any issues encountered with overall project management and delivery.
(2) Thecash balance ofthe fund,theamount of funds expended,encumbered, and unencumbered.
CONSTRUCTION FEE MORATORIUM SECTION 5.16.(a) Notwithstanding any other provision of law, for any single commercial or residential project, the Department of Insurance, counties, and cities shall not impose any fee associated with a permit, inspection, or certificate of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure damaged as a direct result of Hurricane Florence.
SECTION5.16.(b) Themoratoriumprovidedinsubsection(a)ofthissectionapplies in North Carolina counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L.
A person is allowed a refund of any fee assessed and collected that is subject to the moratorium imposed by Senate Bill 3-Second Edition Page 13 General Assembly Of North Carolina Third Extra Session 2018 this section.
For purposes of this section, mosquito control efforts include mosquito abatement activities, integrated mosquito management activities, education regarding mosquito bite avoidance, and the purchase and distribution of materials for personal prevention measures.
The Department of Insurance, counties, and cities shall post a notice of the availability of a refund on their Web sites.
WAIVER OF CERTAIN DMV FEES SECTION 5.5.(a) Notwithstanding G.S.
SECTION 5.16.(c) This section is effective when it becomes law and applies to applications for issuance of a permit dated on or after September 13, 2018.
20-14, 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following:
(1) A duplicate drivers license, duplicate commercial drivers license, or duplicate special identification card.
(2) A special identification card issued to a person for the first time.
(3) An application for a duplicate or corrected certificate of title.
(4) A replacement registration plate.
(5) An application for a duplicate registration card.
(6) Late payment of a motor vehicle registration renewal fee.
SECTION 5.5.(b) The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Florence, as determined by the Governor.
AresidentisallowedarefundofanyfeeassessedandcollectedbytheDivisionofMotorVehicles and waived pursuant to this section.
The Division shall post notice of the availability of a refund on its Web site.
SECTION 5.5.(c) This section is effective when it becomes law and applies to fees assessed or collected on or after September 13, 2018.
7 EXCEPTION TO CONFIDENTIALITY OF TAX INFORMATION SECTION 5.17.(a) G.S.
Senate Bill 3-First Edition Page 5 General Assembly Of North Carolina Third Extra Session 2018 WAIVER OF HOMEOWNERS RECOVERY FEE SECTION 5.6.(a) Notwithstanding G.S.
105-259(b) is amended by adding a new subdivision to read:
87-15.6, the Governor may waive the fee assessed by city and county building inspectors and credited to the Homeowners Recovery Fund for the reimbursement of homeowners suffering reimbursable losses in constructing or altering a single-family residential dwelling unit.
"(55) To provide data drawn from an individual taxpayer's tax information to the Office of Recovery and Resiliency for the purpose of facilitating such a taxpayer's application for any means-tested federal or state disaster relief following a federal major disaster declaration;
SECTION 5.6.(b) The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Florence, as determined by the Governor.
provided, however, that no federal tax information may be disclosed under this subpart unless such a disclosure is permitted by section 6103 of the Code." SECTION 5.17.(b) The Department of Revenue and the Office of Recovery and Resiliency shall, within a reasonable time following the effective date of this act but not later than June 30, 2019, enter into a confidential information sharing agreement settling data transfer protocols, required security measures, audit mechanisms, and other issues necessary to develop and implement the information exchange provided in subsection (a) of this section.
A permit applicant is allowed a refund of any fee assessed and collected by city and county building inspectors and waived pursuant to this section.
EXPAND ELIGIBILITY FOR DISASTER HOUSING ASSISTANCE SECTION 5.18.
A city or county subject to this section shall post notice of the availability of a refund on its Web site.
Notwithstanding G.S.
SECTION 5.6.(c) This section is effective when it becomes law and applies to applications for issuance of a permit subject to the Homeowners Recovery Fund fee that were received on or after September 13, 2018.
122E-6(a) and (b) and the provisions of G.S.
This section expires December 31, 2018.
122E-6 relating to income limitations of individuals and families, funds allocated in this act to the North Carolina Housing Finance Agency for eligible projects under Chapter 122E of the General Statutes in counties impacted by Hurricane Matthew or Hurricane Florence may be used to assist individuals and families with household incomes that equal, but do not exceed, one hundred percent (100%) of the local area's median income, adjusted for family size, pursuant to the most recent available data from the United States Department of Housing and Urban Development.
ADDITIONAL LIMITATIONS ON USE OF FUNDS SECTION 5.7.
AUDIT OF HURRICANE FLORENCE DISASTER RECOVERY FUND SECTION 5.19.
The Governor shall ensure that funds appropriated in this act are expended in a manner that does not adversely affect any person's or entity's eligibility for federal fundsthat are made available,orthat are anticipatedto bemade available, as aresult of Hurricane Florence.
The State Auditor shall conduct a preliminary financial and performance audit of the Hurricane Florence Disaster Recovery Fund created in Section 3.1 of S.L.
The Governor shall also, to the extent practicable, avoid using State funds to cover costs that will be, or likely will be, covered by federal funds.
2018-134 (Fund) no later than March 1, 2019.
The State Auditor shall conduct additional periodic financial and performance audits of the Fund and a final financial and performance audit as requested by the Director of the Budget and the General Assembly.
DEPARTMENT OF INSURANCE REPORTING SECTION 5.20.
The Department of Insurance shall report to the Office of Recovery and Resiliency in the Department of Public Safety and the Fiscal Research Division on the funds allocated to it by this act for grants to volunteer fire departments.
The report shall include the number of applications received, the number of grantees denied funding, and the amounts awarded to each grantee.
The Department shall report within 30 days of the end of each calendar quarter until all funds allocated to the Department have been expended or have reverted.
INVOLVEMENT OF HISTORICALLY UNDERUTILIZED BUSINESSES SECTION 5.21.
It is the intent of the General Assembly that, during this time of rebuilding and relief efforts, each State agency should strive to acquire goods and services from historicallyunderutilized business vendors, whether directlyas principal contractors or indirectly as subcontractors or otherwise.
Page 14 Senate Bill 3-Second Edition General Assembly Of North Carolina Third Extra Session 2018 2 LEGISLATIVE REVIEW OF FEDERAL FUNDING AND REMAINING UNMET NEEDS SECTION 5.22.
It is the intent of the General Assembly to review in 2018 and 2019 the funds appropriated by Congress for disaster relief and to consider actions needed to address any remaining unmet needs.
It is also the intent of the General Assembly to review the adequacy of the measures funded by Section 2.1 of this act at that time.
9 PROHIBITION ON USE OF STATE FUNDS TO CONSTRUCT CERTAIN RESIDENCES SECTION 5.23.(a) No State funds appropriated in this act may be expended for the construction of any new residence within the 100-year floodplain unless the construction is in an area regulated by a unit of local government pursuant to a floodplain management ordinance and the construction complies with the ordinance.
For purposes of this act, the term "100-year floodplain" means any area subject to inundation by the one percent (1%) annual chance flood event, as indicated on the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency under the National Flood Insurance Program.
SECTION 5.23.(b) Homeowners in the 100-year floodplain who receive homeowner's housing assistance pursuant to this act shall have in effect federal flood insurance, if available, as a precondition to receipt of State homeowner's housing assistance for losses resulting from future flooding.
SECTION 5.23.(c) Funds loaned to small and mid-sized businesses shall be used only for eligible purposes under the Small Business Administration (SBA) disaster loan assistance program, as described in the federal disaster declarations designated by the SBA as NC 14911 and NC 14912.
Payments for economic losses shall be limited todocumented business expenses necessary for the continued operation of the business.
SUBROGATION BY STATE OF RIGHT TO INSURANCE COVERAGE FOR DAMAGED HOMES PURCHASED OR RELOCATED UNDER THE HAZARD MITIGATION PROGRAM SECTION 5.24.
If a person's home is relocated or purchased with funds from the Hazard Mitigation Grant Program or the State Acquisition and Relocation Fund, the State Emergency Response and Disaster Relief Fund is subrogated to the person's rights under any insurance coverage for the damage to the home, and any monies received from the insurance coverage shall be paid to the State Emergency Response and Disaster Relief Fund.
The Division ofEmergencyManagement shall ensurethatthosepotentiallyaffectedbythis section arenotified of, and adhere to, its requirements.
MISCELLANEOUS PROVISIONS COMMITTEE REPORT SECTION 6.1.
EFFECTIVE DATE SECTION 6.1.
The document titled N.C.
Senate Committee on Appropriations/Base Budget and N.C.
House of Representatives Committee on Appropriations Committee Report on Hurricane Florence Disaster Recovery Fund for Senate Bill 3 and House Bill 3 (Committee Report) dated October 15, 2018, which was distributed in the Senate and the House of Representatives and used to explain this act, shall indicate action by the General Assembly on this act and shall, therefore, be used to construe this act, and for these purposes shall be considered a part of this act and, as such, shall be printed as a part of the Session Laws.
If the Committee Report conflicts with this act, the act prevails.
EFFECT OF HEADINGS Senate Bill 3-Second Edition Page 15 General Assembly Of North Carolina Third Extra Session 2018 SECTION 6.2.
The headings to the parts, subparts, and sections of this act are a convenience to the reader and are for reference only.
The headings do not expand, limit, or define the text of this act, except for effective dates referring to a part or subpart.
5 SEVERABILITY CLAUSE SECTION 6.3.
If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.
PART VII.
EFFECTIVE DATE SECTION 7.1.
Page 16 Senate Bill 3-Second Edition
Page 6 Senate Bill 3-First Edition
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Action History

  1. Pres. To Gov. 10/16/2018

  2. Signed by Gov. 10/16/2018

  3. Ch. SL 2018-136

  4. Reptd Fav Com Substitute

  5. Com Substitute Adopted

  6. Placed on Today's Calendar

  7. Amend Adopted A1

  8. Passed 2nd Reading

  9. Passed 3rd Reading

  10. Engrossed

  11. Special Message Sent To House

  12. Special Message Received From Senate

  13. Passed 1st Reading

  14. Added to Calendar

  15. Passed 2nd Reading

  16. Passed 3rd Reading

  17. Ordered Enrolled

  18. Ratified

  19. Filed

  20. Passed 1st Reading

  21. Ref To Com On Appropriations/Base Budget

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

11 sponsors · 26 co-sponsors · 142 not signed on

Sponsors (11)

Co-sponsors (26)

Not signed on (142)

142 members have not signed on to this bill.

Show all 142 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Amendment 1

Passed 43 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 26006
Democratic 7000
Republican 10001
Total 43007
% of votes cast 86%0%0%14%
How each member voted (50)
Member Party Vote
Barefoot — Yea
Barringer — Yea
Fitch — Yea
Foushee — Yea
D.Davis — Yea
VanDuyn — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
J.Jackson — Not Voting
Smith — Not Voting
Brown — Not Voting
Ballard — Yea
Barrett — Yea
Bishop — Yea
Dunn — Yea
Edwards — Yea
Gunn — Not Voting
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Not Voting
Rabin — Yea
Tarte — Yea
Tillman — Not Voting
Wade — Yea
Woodard — Yea
McKissick — Yea
Randleman — Yea
Wells — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Not Voting

Official roll call →

Second Reading

Passed 111 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 15002
Republican 25003
Unaffiliated 70003
U 1000
Total 111008
% of votes cast 93%0%0%7%
How each member voted (119)
Member Party Vote
Autry — Yea
Boswell — Yea
Burr — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
L.Bell — Yea
DuaneHall — Yea
C.Graham — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
BrendenJones — Yea
Beasley — Yea
Black — Yea
Boles — Yea
Bradford — Yea
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Farmer-Butterfield — Yea
Goodman — Yea
Holley — Yea
Hunter — Yea
Insko — Yea
Lucas — Yea
Wray — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
Conrad — Yea
Dollar — Yea
Earle — Not Voting
Elmore — Yea
Grange — Yea
Hardister — Yea
Henson — Not Voting
Horn — Yea
Hurley — Yea
Jordan — Yea
McElraft — Yea
McNeill — Yea
Muller — Yea
Murphy — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
Lewis — Yea
McGrady — Not Voting
Michaux — Yea
Presnell — Yea
Rogers — Yea
Steinburg — Yea
Terry — Yea
Yarborough — Yea
Zachary — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Not Voting
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Not Voting
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Not Voting
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

public-safety housing transportation agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 3?
SB 3 is sponsored by Wade, Van Duyn, Tillman, Tarte, Norman W. Sanderson (Republican), Bill Rabon (Republican), Rabin, Meredith, McKissick, Tom McInnis (Republican), Paul A. Lowe, Jr. (Democratic), Krawiec, Gunn, Foushee, Fitch, Edwards, Warren Daniel (Republican), Cook, Clark, Danny Earl Britt, Jr. (Republican), Dan Blue (Democratic), Bishop, Barringer, Barrett, Ballard, Newton, Brown, D. Davis, Brent Jackson (Republican), Michael V. Lee (Republican), Kandie D. Smith (Democratic), W. Ted Alexander (Republican), Carl Ford (Republican), Gladys A. Robinson (Democratic), and Joyce Waddell (Democratic).
What is the current status of SB 3?
This bill has been enacted into law. Introduced October 02, 2018. Enacted.
Where can I track SB 3?
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