House Pandemic Response Act

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
H 3
HOUSE BILL 1043
Committee Substitute Favorable 4/29/20
Committee Substitute #2 Favorable 4/29/20
Short Title: Pandemic Response Act. (Public)
Sponsors:
Referred to:
April 28, 2020
*H1043-v-3*
A BILL TO BE ENTITLED1
AN ACT TO MAKE VARIOUS CHANGES TO THE LAW RELATED TO THE COVID-192
PUBLIC HEALTH CRISIS.3
The General Assembly of North Carolina enacts:4
5
PART I. ECONOMIC SUPPORT6
7
SUBPART I-A. TAX RELIEF PROVISIONS8
9
WAIVE ACCRUAL OF INTEREST ON DEFERRED PAYMENT OF CORPORATE10
INCOME AND FRANCHISE TAX AND INDIVIDUAL INCOME TAX11
SECTION IA.1.(a) Interest Waiver. – As a result of the COVID-19 outbreak, the12
Secretary of Revenue has extended the franchise, corporate income, and individual income tax13
payment deadline from April 15, 2020, to July 15, 2020, and pursuant to G.S. 105-249.2, the14
Secretary will not assess a penalty for failure to file a return or pay a tax due as long as the return15
is filed and the tax due is paid by July 15, 2020. Notwithstanding G.S. 105-241.21(b), the16
Secretary of Revenue shall also waive the accrual of interest from April 15, 2020, through July17
15, 2020, on an underpayment of tax imposed on a franchise, corporate income, or individual18
income tax return, including a partnership and estate and trust tax return, due from April 15,19
2020, through July 15, 2020. The relief from accrual of interest from April 15, 2020, through20
July 15, 2020, also includes interest imposed pursuant to G.S. 105-163.15 and G.S. 105-163.4121
for payments due on or before July 15, 2020.22
SECTION IA.1.(b) This section is effective when it becomes law.23
24
EXTEND CERTAIN TAX ACTION DATES25
SECTION IA.2.(a) Refund Request. – For franchise, corporate income, and26
individual income tax, the statute of limitations for obtaining a refund is extended to July 15,27
2020, for refund claims for which the statute of limitations to seek a refund expires on or after28
April 15, 2020, and before July 15, 2020.29
SECTION IA.2.(b) Time-Sensitive Actions. – Certain actions required to be taken30
by a taxpayer on or after April 1, 2020, and before July 15, 2020, will be considered timely if the31
request or petition is filed on or before July 15, 2020. This subsection applies to requests for32
Departmental review under G.S. 105-241.11, petitions for a contested case hearing at the Office33
of Administrative Hearings under Article 3 of Chapter 150B of the General Statutes and34

General Assembly Of North Carolina Session 2019
Page 2 House Bill 1043-Third Edition
G.S. 105-241.15, and petitions for judicial review under Article 4 of Chapter 150B of the General1
Statutes and G.S. 105-241.16.2
SECTION IA.2.(c) This section is effective when it becomes law.3
4
SUBPART I-B. UNEMPLOYMENT LAW CHANGES5
6
FLEXIBILITY TO ADMINISTER UNEMPLOYMENT COMPENSATION AND SUTA7
TAX CREDIT8
SECTION IB.1.(a) Chapter 96 of the General Statutes is amended by adding a new9
section to read:10
"§ 96-14.15. Emergency unemployment benefits and tax credit to respond to the11
coronavirus emergency of 2020.12
(a) Benefits Payable. – Unemployment benefits are payable in response to the13
coronavirus emergency in any of the following circumstances:14
(1) An employer temporarily ceases operations due to the coronavirus, preventing15
the individual from going to work.16
(2) An employer reduces the hours of employment due to the coronavirus.17
(3) An individual has a current diagnosis of the coronavirus.18
(4) An individual is quarantined at the instruction of a health care provider or a19
local, State, or federal official.20
(b) Exceptions Allowed. – The provisions of this Chapter apply to benefits payable under21
this section except as follows:22
(1) Waiting week. – No waiting week applies to a claim for unemployment under23
this section.24
(2) Work search. – The work search requirements do not apply to an individual25
who is eligible for unemployment under this section.26
(3) Non-charging. – Benefits paid to an individual under this section are not27
charged to the account of any base period employer of the individual.28
(4) Attached claim. – An employer may file an attached claim for benefits allowed29
under this section. The restrictions for filing an attached claim under30
G.S. 96-15(a1) do not apply to an employer-filed claim under this section and31
a claim filed by an employer under this section is not an attached claim filed32
under G.S. 96-15(a1).33
(c) Tax Credit. – An employer is allowed a tax credit for a contribution to the34
Unemployment Insurance Fund payable under G.S. 96-9.2 for contributions due for the calendar35
year 2020. The amount of the credit is equal to the amount of contributions payable on the report36
filed by the employer on or before April 30, 2020.37
If an employer remitted the contributions payable with the report due on or before April 30,38
2020, the credit will be applied to the contributions payable on the report due on or before July39
31, 2020. An employer must file the report to receive the credit. If the amount of the credit40
exceeds the amount of contributions due on the report, the excess credit amount is considered an41
overpayment and will be refunded pursuant to G.S. 96-9.15(b).42
(d) Coronavirus. – For purposes of this section, the term "coronavirus" has the same43
meaning as defined in section 506 of the Coronavirus Preparedness and Response Supplemental44
Appropriations Act, 2020.45
(e) Applicability. – This section applies for unemployment benefits filed for periods46
beginning on or after March 10, 2020, and expires for unemployment benefits filed for periods47
beginning on or after the earlier of the following: (i) the date the Governor signs an executive48
order rescinding Executive Order No. 116, a Declaration of a State of Emergency to Coordinate49
Response and Protective Actions to Prevent the Spread of COVID-19, or (ii) December 31,50
2020."51

House Bill 1043-Third Edition Page 3
SECTION IB.1.(b) Notwithstanding G.S. 96-14.9, an individual may meet the1
reporting requirements of that section by telephone or via the Internet for the period beginning2
March 10, 2020, and ending on the earlier of the following: (i) the date the Governor signs an3
executive order rescinding Executive Order No. 116, a Declaration of a State of Emergency to4
Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, or (ii)5
December 31, 2020.6
SECTION IB.1.(c) This section is effective when it becomes law.7
8
CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS, AS RECOMMENDED9
BY THE DIVISION OF EMPLOYMENT SECURITY AND THE JOINT LEGISLATIVE10
OVERSIGHT COMMITTEE ON UNEMPLOYMENT INSURANCE11
SECTION IB.2.(a) G.S. 96-14.9(e) reads as rewritten:12
"(e) Actively Seeking Work. – The Division's determination of whether an individual is13
actively seeking work is based upon the following:14
…15
(3) The individual has made at least three job contacts with potential employers16
during the week. An individual may satisfy one of the weekly job contacts by17
attending a reemployment activity offered by a local career center. The18
Division shall verify the suitability of the activity for the credit and the19
claimant's attendance at the activity.20
…."21
SECTION IB.2.(b) G.S. 96-15 is amended by adding a new subsection to read:22
"(a2) Federal Disaster Declaration. – An employer may file claims for employees through23
the use of automation in the case of unemployment due directly to a disaster covered by a federal24
disaster declaration."25
SECTION IB.2.(c) G.S. 105-356(a) reads as rewritten:26
"(a) On Real Property. – The lien of taxes imposed on real and personal property shall27
attach to real property at the time prescribed in G.S. 105-355(a). The priority of that lien shall be28
determined in accordance with the following rules:29
(1) Subject to the provisions of the Revenue Act prescribing the priority of the30
lien for State taxes, the lien of taxes imposed under the provisions of this31
Subchapter shall be superior to all other liens, assessments, charges, rights,32
and claims of any and every kind in and to the real property to which the lien33
for taxes attaches regardless of the claimant and regardless of whether34
acquired prior or subsequent to the attachment of the lien for taxes. For35
purposes of this subdivision, the term "lien for State taxes" includes a lien for36
contributions under G.S. 96-10.37
…."38
SECTION IB.2.(d) G.S. 120-70.158 is repealed.39
SECTION IB.2.(e) Subsection (a) of this section becomes effective July 1, 2020.40
The remainder of this section is effective when it becomes law.41
42
SUBPART I-C. APPROPRIATION FOR SMALL BUSINESS LOAN ASSISTANCE43
SECTION IC.1.(a) Program. – The sum of seventy-five million dollars44
($75,000,000) in nonrecurring funds is appropriated from the Coronavirus Relief Fund to the45
Office of State Budget and Management to provide funds to Golden LEAF to provide grants to46
entities for the purpose of making emergency loans to assist small businesses with business needs47
during periods of economic hardship occasioned by the COVID-19 epidemic. The following shall48
apply to the program and loans made under the program:49

(1) Golden LEAF shall require a lender to provide assistance to, or direct to an1
appropriate entity that provides assistance to, a qualifying business with2
applying for available federal assistance.3
(2) Golden LEAF shall require a lender to prioritize loans for establishments (i)4
with 100 or fewer full-time equivalent employees determined as of the State5
of Emergency (ii) that are independently owned by a qualifying business.6
(3) The loan shall have an interest rate of up to four percent (4%) before the date7
of a triggering event and an interest rate of at least five and one-half percent8
(5.5%) on and after the date of a triggering event.9
(4) The term of the loan shall not exceed 66 months and shall be amortized over10
the term of the loan.11
(5) A qualifying business shall certify in writing that it will use a loan provided12
under the program for employee compensation, mortgage, rent, utilities, and13
other operating costs and expenses incurred on behalf of a business located in14
this State.15
(6) A loan provided under the program is limited to no more than fifty thousand16
dollars ($50,000) per qualifying business.17
(7) Upon the occurrence of a triggering event, repayment of the loan shall18
commence. A triggering event occurs six months following the closing of a19
loan made under the program.20
(8) Loans are made pursuant to an agreement with a qualifying business that21
includes at least the following:22
a. A provision requiring a qualifying business to certify in writing that it23
will use a loan provided under the program for employee24
compensation, mortgage, rent, utilities, and other operating costs and25
expenses incurred on behalf of a business located in this State.26
b. A provision establishing the method for determining compliance with27
the program.28
c. A provision requiring the qualifying business to first repay the loan29
amount with any federal assistance received by the business that30
represents a duplication of benefits; provided that, the repayment does31
not disqualify or impair the federal assistance available to the business.32
d. A provision requiring the loan is secured through a Uniform33
Commercial Code financing statement.34
e. A provision requiring recapture of loan funds if a business fails to35
comply with the requirements of the program. The lender shall36
recapture loan funds only if the lender determines there is a reasonable37
expectation that the recovery of funds will exceed the cost of recovery.38
(9) The awarding of new loans using State funds appropriated in this section shall39
cease upon six months following the date the State of Emergency ends.40
SECTION IC.1.(b) Definitions. – For purposes of this section, the following41
definitions apply:42
(1) Compensation. – Defined in G.S. 105-163.1.43
(2) Coronavirus Relief Fund. – Funds received by the State of North Carolina44
during the 2019-2020 fiscal year from the Coronavirus Relief Fund created by45
the Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L.46
116-136.47
(3) Employee. – Defined in G.S. 143B-437.02A.48
(4) Golden LEAF. – The Golden L.E.A.F. (Long-Term Economic Advancement49
Foundation), Inc.50

(5) Net loan funds. – The total loan fund appropriation authorized by this section1
less (i) the cost of administering the loans made under the program, not to2
exceed five percent (5%) of the total amount loaned under the program and3
(ii) the State's loan funds that are not recaptured.4
(6) Office. – The Office of State Budget and Management.5
(7) Qualifying business. – A business with a physical presence in the State that is6
able to show economic losses as a result of COVID-19.7
(8) State of Emergency. – Executive Order No. 116 issued March 10, 2020, by8
Governor Roy A. Cooper, including any amendments issued by executive9
order.10
SECTION IC.1.(c) Miscellaneous. – In order to receive the funds appropriated under11
this subpart, Golden LEAF shall provide matching funds from other non-State funds for such12
funds in the amount of fifteen dollars ($15.00) of non-State funds for every seventy-five dollars13
($75.00) of State funds allocated in this section. State funds allocated in this section may be14
matched with any prior expenditure by Golden LEAF of non-State funds for entities making15
short-term loans to businesses during periods of economic hardship occasioned by the16
COVID-19 epidemic. Six months following the date the State of Emergency ends and every six17
months thereafter, Golden LEAF shall remit the net loan funds that have been received to the18
Office, which shall deposit the funds into the Coronavirus Relief Fund. Amounts deposited into19
the Fund under this subsection are receipts that do not constitute an "appropriation made by law,"20
as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.21
SECTION IC.1.(d) Reporting. – Every six months, Golden LEAF shall submit a22
report on the program to the Joint Legislative Economic Development and Global Engagement23
Oversight Committee and the Fiscal Research Division. The duty to report pursuant to this24
section shall cease after the submission of the report following when Golden LEAF has remitted25
the entirety of the net loan funds to the Office. Each report shall contain all of the following:26
(1) The number of recipients of loans for each represented North American27
Industry Classification System Code.28
(2) The number of jobs retained.29
(3) The number of loans awarded.30
(4) The average loan amount.31
(5) The total amount loaned to date.32
(6) The total amount of loans repaid to date.33
(7) The total amount of loans defaulted on to date.34
(8) The total amount of loans defaulted that have been recaptured.35
SECTION IC.1.(e) This section is effective when it becomes law.36
37
PART II. EDUCATION38
39
SUBPART II-A. DEFINITIONS40
SECTION IIA.1. For the purposes of this Part, the following definitions apply:41
(1) Authority. – State Education Assistance Authority.42
(2) Coronavirus disease 2019 (COVID-19) emergency. – The period beginning43
March 10, 2020, and continuing until the Governor signs an executive order44
rescinding Executive Order No. 116 (Declaration of a State of Emergency to45
Coordinate Response and Protective Actions to Prevent the Spread of46
COVID-19).47
(3) Federal testing waiver. – The testing waiver granted to the State Board of48
Education by the United States Department of Education for the 2019-202049
school year, pursuant to section 8401(b) of the Elementary and Secondary50
Education Act of 1965 (ESEA), as amended, which, pursuant to51

G.S. 115C-174.11, eliminated the collection of certain student assessment1
data for the 2019-2020 school year.2
(4) School closure period. – The period beginning March 16, 2020, and3
continuing until the latest of the following:4
a. May 15, 2020.5
b. The date specified by an executive order superseding the school6
closure period in Executive Order No. 120 (Additional Limitations on7
Mass Gatherings, Restrictions on Venues and Long Term Care8
Facilities, and Extension of School Closure Date).9
c. The date specified in any executive order superseding the superseding10
executive order described in sub-subdivision b. of this subdivision.11
(5) State Board. – The State Board of Education.12
13
SUBPART II-B. INTRODUCTION14
SECTION IIB.1. The purpose of this Part is to clarify or modify certain requirements15
in consideration of actions and circumstances related to the COVID-19 emergency, including,16
but not limited to, the federal testing waiver and the school closure period.17
18
SUBPART II-C. WAIVERS AND MODIFICATIONS RELATED TO PUBLIC SCHOOL19
TESTING, ACCOUNTABILITY, GRADE PLACEMENT/PROMOTION,20
GRADUATION REQUIREMENTS, SCHOOL CALENDARS, AND SCHOOL21
IMPROVEMENT PLANS22
23
TESTS AND ASSESSMENTS24
SECTION IIC.1.(a) EOGs and EOCs. – Consistent with the provisions of25
G.S. 115C-174.11(d), for the 2019-2020 school year, end-of-grade and end-of-course tests are26
waived.27
SECTION IIC.1.(b) ACT. – Notwithstanding G.S. 115C-174.11(c)(4), during the28
fall semester of the 2020-2021 school year, public school units shall administer the29
norm-referenced college admissions test made available by the State Board to all students who30
were in the eleventh grade during the 2019-2020 school year who were not administered the test31
during the 2019-2020 school year, unless a student has already taken a comparable test and scored32
at or above a level set by the State Board.33
SECTION IIC.1.(c) Diagnostic and Formative Assessments. – For the 2019-202034
school year, for the diagnostic and formative reading assessments for kindergarten, first, second,35
and third grade students described in G.S. 115C-83.6 and G.S. 115C-174.11(a), additional36
assessments beyond those administered prior to the school closure period are not required.37
SECTION IIC.1.(d) WorkKeys. – For the spring semester of the 2019-2020 school38
year only, notwithstanding G.S. 115C-174.25, a local school administrative unit shall not be39
required to administer the WorkKeys tests to any students who complete a concentration in career40
and technical education courses.41
42
SCHOOL PERFORMANCE, ANNUAL REPORT CARDS FOR SCHOOLS, AND43
SCHOOL BUILDING REPORTS44
SECTION IIC.2.(a) Calculation and Issuance of School Performance Grades. – For45
the 2020-2021 school year, based on data from the 2019-2020 school year, the provisions of46
G.S. 115C-12(9)c1. and G.S. 115C-83.15(a) through (f) shall not apply. Notwithstanding47
G.S. 115C-83.15(g), the State Board is not required to display school report card information for48
the 2020-2021 school year based on data from the 2019-2020 school year, but shall display a49
brief explanation that school report cards were not issued for the 2020-2021 school year because50
assessment data was not collected during the 2019-2020 school year due to COVID-19.51

SECTION IIC.2.(b) Display of School Report Cards. – Notwithstanding1
G.S. 115C-47(58), 115C-75.8(d)(7), 115C-218.65, 115C-238.66(11), 116-239.8(b)(14), and2
Section 6(d)(2) of S.L. 2018-32, public school units are not required to display school report card3
information for the 2020-2021 school year based on data from the 2019-2020 school year, but4
shall display a brief explanation that school report cards were not issued for the 2020-2021 school5
year because assessment data was not collected during the 2019-2020 school year due to6
COVID-19.7
SECTION IIC.2.(c) Evaluation of Alternative Programs. – Notwithstanding8
G.S. 115C-12(24), to the extent educational performance and growth of students in alternative9
schools and alternative programs are measured based on the accountability system developed10
under G.S. 115C-83.15 and G.S. 115C-105.35, educational performance and growth of students11
in alternative schools and alternative programs shall not be evaluated based on data from the12
2019-2020 school year.13
SECTION IIC.2.(d) School Building Reports. – The requirement for local school14
administrative units to produce and make public a school building report under15
G.S. 115C-12(9)c3. and G.S. 115C-47(35) shall not apply for the October 15, 2020, report based16
on building-level data from the 2019-2020 school year.17
18
LOW-PERFORMING SCHOOLS19
SECTION IIC.3.(a) Low-Performing Schools. – Notwithstanding20
G.S. 115C-105.37 and G.S. 115C-218.94(a), for the 2020-2021 school year, the following21
applies:22
(1) The State Board shall not identify additional low-performing schools based23
on data from the 2019-2020 school year.24
(2) Schools previously identified as low-performing based on data from the25
2018-2019 school year shall continue to be identified as low-performing.26
(3) Previously identified low-performing schools shall continue to carry out the27
final plan approved by the local board of education pursuant to28
G.S. 115C-105.37(a1).29
(4) The State Board and the local board of education shall continue to provide30
online access to each low-performing school's plan in accordance with31
G.S. 115C-105.37(a1)(5).32
(5) The written parental notice required by G.S. 115C-105.37(b) is not required33
to be provided again, but local boards of education of low-performing schools34
shall include with their online final plans a brief explanation that35
low-performing identification continues pending assessment data from the36
2020-2021 school year.37
SECTION IIC.3.(b) Continually Low-Performing Schools. – Notwithstanding38
G.S. 115C-105.37A and G.S. 115C-218.94(b), for the 2020-2021 school year, the following39
applies:40
(1) The State Board shall not identify additional continually low-performing41
schools based on data from the 2019-2020 school year.42
(2) Schools previously identified as continually low-performing based on data43
from the 2018-2019 school year shall continue to be identified as continually44
low-performing.45
(3) Previously identified continually low-performing schools shall continue to46
carry out the plan approved by the State Board pursuant to47
G.S. 115C-105.37A(a).48
(4) Assistance and intervention levels provided for the 2019-2020 school year49
based on designation as low-performing for two years under50

G.S. 115C-105.37A(b) or low-performing for three years under1
G.S. 115C-105.37A(c) shall continue.2
(5) Local boards of education may request to reform a continually3
low-performing school in accordance with G.S. 115C-105.37B.4
SECTION IIC.3.(c) Low-Performing Local School Administrative Units. –5
Notwithstanding G.S. 115C-105.39A, for the 2020-2021 school year, the following applies:6
(1) The State Board shall not identify additional low-performing local school7
administrative units based on data from the 2019-2020 school year.8
(2) Local school administrative units previously identified as low-performing9
based on data from the 2018-2019 school year shall continue to be identified10
as low-performing.11
(3) Previously identified low-performing local school administrative units shall12
continue to carry out the final plan approved by the local board of education13
pursuant to G.S. 115C-105.39A(b).14
(4) The State Board and the local board of education shall continue to provide15
online access to each low-performing local school administrative unit's plan16
in accordance with G.S. 115C-105.39A(b)(5).17
(5) The written parental notice required by G.S. 115C-105.39A(c) is not required18
to be provided again, but the local board of education shall include with its19
online final plan a brief explanation that low-performing identification20
continues pending assessment data from the 2020-2021 school year.21
(6) The provisions of G.S. 115C-105.39(c) through (e) shall not apply.22
23
INNOVATIVE SCHOOL DISTRICT24
SECTION IIC.4.(a) Notwithstanding the provisions of G.S. 115C-75.7 and25
G.S. 115C-105.37A(d), for the 2020-2021 school year, the following applies:26
(1) The State Board shall not identify any additional schools as qualifying schools27
for the Innovative School District based on data from the 2019-2020 school28
year.29
(2) Schools identified as qualifying schools for the 2019-2020 school year based30
on data from the 2018-2019 school year shall remain on the qualifying list,31
and the provisions of G.S. 115C-75.7(b1), (b2), and (d) shall continue to apply32
to these schools.33
SECTION IIC.4.(b) Section 1(c) of S.L. 2019-248 reads as rewritten:34
"SECTION 1.(c) For the purposes of this subsection, a qualifying school is as defined by35
G.S. 115C-75.5(5), as amended by this act. Notwithstanding G.S. 115C-75.7, as amended by this36
act, the State Board of Education shall select the following schools to become innovative schools:37
(1) The lowest scoring qualifying school in the State identified based on the38
school performance score calculated from data for the 2019-2020 school year39
to become an innovative school in the 2021-2022 school year.40
(2) The lowest scoring qualifying school in the State identified based on the41
school performance score calculated from data for the 2020-2021 school year42
to become an innovative school in the 2022-2023 school year."43
44
THIRD GRADE RETENTION, READING CAMPS, AND FOURTH GRADE READING45
ASSESSMENT46
SECTION IIC.5.(a) Third Grade Retention Determination. – For grade level47
determination for the 2020-2021 school year, the following applies:48
(1) Notwithstanding the provisions of G.S. 115C-83.7 and the requirement in49
G.S. 115C-288(a) that a principal's authority to grade and classify pupils is50
limited by the requirements of G.S. 115C-83.7(a), principals shall have51

authority to determine the appropriate 2020-2021 school year grade level for1
students in the third grade during the 2019-2020 school year in the same2
manner as for students in all other grade levels. Principals shall designate3
whether a retained third grade student is retained due to reading deficiencies.4
Principals are encouraged to consult with a student's 2019-2020 third grade5
teacher in determining grade classification.6
(2) Notwithstanding the provisions of G.S. 115C-218.85(b), charter schools shall7
have authority to determine the appropriate 2020-2021 school year grade level8
for third grade students in the same manner that grade level classification is9
determined for other grade levels.10
SECTION IIC.5.(b) Parental Notice and Interventions. – Consistent with11
G.S. 115C-83.9(a), parents or guardians shall receive notice that a first, second, or third grade12
student demonstrated difficulty with reading development or was not reading at grade level13
during the 2019-2020 school year based on assessments completed on or before March 13, 2020.14
The provisions of G.S. 115C-83.9(d) shall apply to this notice.15
For third grade students retained for the 2019-2020 school year based on data from16
the 2018-2019 school year, the requirements of G.S. 115C-83.9(c) shall not apply during the17
school closure period, beginning March 16, 2020.18
For third grade students retained for the 2020-2021 school year due to reading19
deficiencies, the provisions of G.S. 115C-83.8(b) through (e) and G.S. 115C-83.9 shall apply in20
the same manner they would have had the student been retained pursuant to G.S. 115C-83.7(a),21
except that notification regarding the exemptions described in G.S. 115C-83.7(b) shall not apply.22
SECTION IIC.5.(c) Reading Camps and Recommendations for Alternative23
Interventions. – Notwithstanding G.S. 115C-83.6(a), 115C-83.8(a), and 115C-83.11, and any24
other provision of law to the contrary, local school administrative units are not required to provide25
reading camps corresponding to the 2019-2020 school year.26
No later than May 20, 2020, the State Board of Education shall submit to the Joint27
Legislative Education Oversight Committee recommendations for alternative interventions to28
summer instruction, to be offered to at-risk students and students recommended for additional29
support by their 2019-2020 teachers based on student outcome data available up until March 16,30
2020. The alternative interventions shall be recommended as alternatives to reading camps and31
summer school that could have been offered but for the COVID-19 emergency.32
SECTION IIC.5.(d) Fourth Grade Reading Assessment. – No later than the tenth33
day that school buildings are open to students for the 2020-2021 school year, public school units34
shall administer to all fourth grade students the end-of-year diagnostic assessment otherwise35
required for third grade students pursuant to G.S. 115C-174.11(a) and State Board policy. The36
results of the assessment shall be used to identify reading deficiencies and inform instruction and37
remediation needs in order to ensure that all students achieve proficiency at the earliest date38
possible.39
SECTION IIC.5.(e) Reporting Requirements. – For the 2020-2021 school year, the40
following applies:41
(1) Accountability reporting described in G.S. 115C-83.10 shall not be required42
based on data from the 2019-2020 school year, except that by September 1,43
2020, local boards of education shall report to the State Board the following:44
a. The number and percentage of first grade students on track and not on45
track to meet year-end expectations based on assessments completed46
on or before March 13, 2020.47
b. The number and percentage of second grade students on track and not48
on track to meet year-end expectations based on assessments49
completed on or before March 13, 2020.50

c. The number and percentage of third grade students on track and not on1
d. The number and percentage of third grade students retained pursuant4
to subsection (a) of this section for reading deficiencies.5
(2) Reporting requirements described in G.S. 115C-218.85(b)(4) shall not be6
required based on data from the 2019-2020 school year, except that by7
September 1, 2020, charter schools and other public school units subject to8
charter school statutory requirements shall report to the State Board the9
following:10
a. The number and percentage of third grade students on track and not on11
b. The number and percentage of third grade students retained pursuant14
to subsection (a) of this section for reading deficiencies.15
(3) The State Board shall compile the information described in this subsection16
and shall submit a State-level summary of each component by local school17
administrative unit and charter school to the Joint Legislative Education18
Oversight Committee by October 15, 2020.19
20
ADVANCED COURSES IN MATHEMATICS21
SECTION IIC.6.(a) Notwithstanding G.S. 115C-81.36(a1) and (b), math placement22
for the 2020-2021 school year shall be determined as follows:23
(1) Initial math placements for all students shall be made consistent with local24
policies, in consultation with a student's 2019-2020 school year math teacher.25
(2) For students not initially placed in advanced courses or advanced learning26
opportunities in math, a student or student's parent may request administration27
of the end-of-grade or end-of-course test for the mathematics grade or course28
in which the student was enrolled for the 2019-2020 school year solely for the29
purpose of determining math placement for the 2020-2021 school year. Any30
student scoring at the highest level on the math end-of-grade or end-of-course31
test shall be placed as provided in G.S. 115C-81.36(a1) and (b).32
SECTION IIC.6.(b) For the purposes of G.S. 115C-81.36(c), the Department of33
Public Instruction shall submit its December 15, 2020, report to the Joint Legislative Education34
Oversight Committee on the number and demographics of students who were (i) enrolled in35
advanced mathematics courses, including high school level mathematics courses in eighth grade,36
or (ii) given other advanced learning opportunities for the 2020-2021 school year. The report37
shall include information on the type and format of advanced mathematics courses or advanced38
learning opportunities provided and shall also include any feedback provided by local boards of39
education on the implementation of G.S. 115C-81.36.40
41
CPR GRADUATION REQUIREMENT42
SECTION IIC.7. Notwithstanding G.S. 115C-12(9d)a., for the 2019-2020 school43
year, any student in grade 12 who has not satisfied the requirement for completion of instruction44
in cardiopulmonary resuscitation shall be eligible to graduate if both of the following apply:45
(1) Instruction in cardiopulmonary resuscitation cannot be completed due to the46
COVID-19 emergency.47
(2) The student is eligible to graduate in all respects other than the statutory48
requirement described in this section, as determined by the principal of the49
school to which the student is assigned.50
51

SCHOOL CALENDAR FOR THE 2019-2020 SCHOOL YEAR1
SECTION IIC.8.(a) Instructional Time Requirements. – A public school unit that2
provides remote instruction as required by this subsection shall be deemed to have satisfied the3
minimum days and hours required by G.S. 115C-75.8(d)(9), 115C-84.2(a)(1), 115C-150.12,4
115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., and Section 6(e) of5
S.L. 2018-32 for the 2019-2020 school year. For the purposes of this subsection for the6
2019-2020 school year, remote instruction is defined as learning that takes place outside of the7
traditional school setting using various media and formats, including, but not limited to, video8
conference, telephone conference, print material, online material, or learning management9
systems. Each public school unit shall provide remote instruction for the remainder of its10
scheduled 2019-2020 school year.11
SECTION IIC.8.(b) Student Attendance Enforcement. – For the 2019-2020 school12
year, the requirements of G.S. 115C-378(e) through (g) shall not apply during the school closure13
period.14
15
SCHOOL CALENDAR FOR THE 2020-2021 SCHOOL YEAR16
SECTION IIC.9.(a) Remote Instruction Plans. – The governing body of each public17
school unit shall develop a Remote Instruction Plan (Plan) for the 2020-2021 school year and18
shall submit its Plan to the State Board no later than July 20, 2020. The purpose of the Plan is to19
provide a detailed framework for delivering quality remote instruction to all students within the20
public school unit during the 2020-2021 school year, as provided in subsection (b) of this section.21
In describing how the public school unit will implement remote instruction, the Plan shall address22
all of the following:23
(1) Consulting with teachers, administrators and instructional support staff,24
parents, students, community partners, and other stakeholders in developing25
the Plan and effectively communicating the Plan to all involved parties.26
(2) Training for teachers and staff on effective use of the remote instruction27
resources utilized by the public school unit and the process for student28
submission of completed work. The Plan shall identify any learning29
management system, online instructional resource, or offline instructional30
resource that will be made available to all students in a grade-level across the31
public school unit.32
(3) Defining and clearly communicating staff roles and expectations for remote33
instruction days, including teacher workdays, teacher accessibility, and34
noncertified staff workdays and responsibilities. The Plan may include35
variances for staff expectations when remote instruction days are also used as36
teacher workdays.37
(4) Surveying student and teacher home connectivity and providing for remote38
instruction that is appropriate for teachers and students with limited39
connectivity capability, including the opportunity for students to download40
remote learning materials in advance when practicable.41
(5) Engaging with community partners on services that parents and students can42
utilize on remote instruction days, including community partners willing to43
provide free broadband access or connectivity for remote instruction and44
community partners with child care options, and communicating remote45
instruction schedules with those partners.46
(6) Developing effective design and delivery of remote instruction lessons within47
professional learning communities.48
(7) Teaching and practice opportunities for students on accessing and using49
remote instruction platforms and methods, including how to locate, complete,50
and submit assignments. The Plan shall include regular opportunities for51

students to use the platforms and methods during nonremote instruction days1
to ensure student success during remote instruction.2
(8) Communicating learning targets to students on each remote instruction day3
and ensuring that lesson design provides instructional time, practice, and4
application components to demonstrate learning. The Plan shall include a5
process for monitoring the quality of remote instruction materials.6
(9) Ensuring that remote instructional time, practice, and application components7
support learning growth that continues towards mastery of the standard course8
of study. The Plan shall include work measurement guidelines appropriate to9
each grade level, including deadlines for submission of assignments and10
methods to assess and grade learning during remote instruction.11
(10) Ensuring that students with disabilities have equal access to the remote12
instruction provided by their public school units and that remote instruction is13
provided in a manner consistent with each student's individualized education14
program (IEP) or 504 plan. Remote learning day supports shall be considered15
and included in the development or modification of all IEPs or 504 plans, as16
appropriate for the student.17
(11) Tracking and reporting attendance on remote instruction days, including18
protocols for determining attendance, the reporting system to be used, and19
how attendance procedures will be communicated to parents before remote20
instruction begins.21
(12) Providing online and offline contact options for students to communicate with22
teachers or staff for remote instruction days that are not used as teacher23
workdays.24
(13) Providing technology support for students experiencing technical difficulties25
on remote instruction days.26
SECTION IIC.9.(b) School Calendar. – Except as otherwise provided in this27
subsection, the requirements of G.S. 115C-84.2, including the requirement that a school calendar28
consist of 215 days, apply to the 2020-2021 school calendar for local school administrative units.29
The provisions of this subsection supersede any school calendar adopted by a public school unit30
prior to the enactment of this Part. For the 2020-2021 school year only, the following applies to31
the school calendar for public school units:32
(1) Notwithstanding any provisions of G.S. 115C-75.8(d)(9), 115C-84.2(a)(1),33
115C-150.12, 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d.,34
116-239.8(b)(2)c., and Section 6(e) of S.L. 2018-32 to the contrary, each35
public school unit shall adopt a calendar that includes 190 days of instruction36
as follows:37
a. One hundred eighty-five days or 1,025 hours of instruction that include38
five remote instruction days in accordance with the Plan developed39
pursuant to subsection (a) of this section. Each of the five remote40
instruction days may be scheduled in the discretion of the public41
school unit, except as provided in subdivision (2) of this subsection.42
b. An additional five instructional days that shall be satisfied only by five43
individually separate and distinct full instructional days and not by an44
accumulation of instructional hours.45
(2) Notwithstanding any provisions of G.S. 115C-84.2(d) to the contrary, each46
local school administrative unit shall adopt a school calendar in accordance47
with the following:48
a. An opening date for students of August 17, 2020.49
b. A closing date for students no later than June 11, 2021.50
c. No remote instruction day shall be scheduled prior to August 24, 2020.51

d. Remote instruction days may be scheduled for use as teacher1
workdays, including as teacher workdays on which teachers may take2
accumulated vacation leave, provided that remote instruction material3
is prepared and provided for students to use during the remote4
instruction days. Local school administrative units may, in their5
discretion, schedule remote instruction days as teacher workdays to6
facilitate completion of first semester course exams prior to a winter7
holiday period.8
e. A local school administrative unit granted a good cause waiver for the9
2020-2021 school year shall not have an opening date for students10
earlier than August 17, 2020, but may use up to an additional five11
remote instruction days, in accordance with the requirements of this12
subsection for remote instruction days, solely as make-up days for13
days on which schools have been closed due to inclement weather or14
other emergency situations.15
(3) If, during the 2020-2021 school year, a state of emergency or disaster is16
declared under Chapter 166A of the General Statutes ordering school closure17
for more than five days, a public school unit providing remote instruction in18
accordance with the Plan developed pursuant to subsection (a) of this section19
may use additional remote instruction days as necessary to satisfy20
instructional time requirements.21
SECTION IIC.9.(c) Reporting Requirement. – No later than September 15, 2020,22
the State Board shall report to the Joint Legislative Education Oversight Committee on the23
implementation of subsection (a) of this section. The State Board shall submit with its report a24
copy of each Remote Instruction Plan submitted, and the report shall provide a statewide25
summary that includes the following:26
(1) All online remote instruction resources used by public school units, listed by27
(2) All offline remote instruction resources used by public school units, listed by29
(3) A list of any public school unit using only offline remote instruction resources.31
(4) The number and percentage of public school units that did and did not provide32
plans addressing every item required by subsection (a) of this section.33
(5) Strengths, challenges, and trends noted by the State Board in its review of how34
public school units implement remote instruction.35
(6) Any other data deemed by the State Board to be useful to the Joint Legislative36
Education Oversight Committee in evaluating the delivery of statewide37
remote instruction.38
39
SCHOOL IMPROVEMENT PLANS40
SECTION IIC.10. Notwithstanding G.S. 115C-105.27, the following shall apply:41
(1) For any school improvement plan set to expire at the end of the 2019-202042
school year, that school improvement plan may remain in effect until43
December 31, 2020, to allow additional time for consideration and adoption44
of the new school improvement plan.45
(2) For any school improvement plan extended to December 31, 2020, the46
replacement plan shall expire in 18 months, rather than two years.47
48
SUBPART II-D. TEMPORARY BUDGET FLEXIBILITY AND DELAY IN K-3 CLASS49
SIZE REDUCTION FOR LOCAL BOARDS OF EDUCATION50
51

BUDGET FLEXIBILITY1
SECTION IID.1.(a) Budget Flexibility for the Remainder of FY 2019-2020. –2
Effective from the date this Part becomes law until June 30, 2020, notwithstanding3
G.S. 115C-105.25 and any other provision of law, local boards of education may transfer and4
may approve transfers of any unexpended cash balance in an allotment category to another5
allotment category subject to the following limitations:6
(1) Funds for career and technical education and other purposes may be7
transferred only as permitted by federal law and the conditions of federal8
grants or as provided through any rules that the State Board adopts to ensure9
compliance with federal regulations.10
(2) No funds shall be transferred out of the children with disabilities, students11
with limited English proficiency, and academically or intellectually gifted12
students categories.13
(3) No funds shall be transferred into the central office allotment category.14
(4) Positions allocated for classroom teachers may be converted to dollar15
equivalents to contract for visiting international exchange teachers through a16
visiting international exchange teacher program approved by the State. These17
positions shall be converted at the statewide average salary for classroom18
teachers, including benefits. The converted funds shall be used only to provide19
visiting international exchange teachers with salaries commensurate with their20
experience levels, to provide any State-approved bonuses, and to cover the21
costs associated with supporting visiting international exchange teachers22
within the local school administrative unit, including programming and23
related activities, background checks, medical coverage, and other program24
administration services in accordance with the federal regulations for the25
Exchange Visitor Program, 22 C.F.R. Part 62.26
(5) Except as provided in subdivision (4) of this subsection, positions allocated27
for classroom teachers and instructional support personnel may be converted28
to dollar equivalents for any purpose authorized by the policies of the State29
Board of Education. These positions shall be converted at the salary on the30
first step of the "A" Teachers Salary Schedule. Certified position allotments31
shall not be transferred to dollars to hire the same type of position.32
(6) Funds allocated for school building administration may be converted for any33
purpose authorized by the policies of the State Board of Education. For funds34
related to principal positions, the salary transferred shall be based on the first35
step of the Base column of the Principal Salary Schedule. For funds related to36
assistant principal months of employment, the salary transferred shall be based37
on the first step of the "A" Teachers Salary Schedule at the salary level for38
assistant principals. Certified position allotments shall not be transferred to39
dollars to hire the same type of position.40
(7) Funds to carry out the elements of the Excellent Public Schools Act that are41
contained in Section 7A.1 of S.L. 2012-142 shall not be transferred.42
(8) Funds allotted for textbooks and digital resources may be used only to acquire43
textbooks and digital resources and related technology, including any44
hardware, software, or equipment or devices necessary for the use of the45
digital resources. These funds shall not be transferred out of the allotment for46
any other purpose.47
Notwithstanding G.S. 20-88.03, G.S. 115C-215, and any other provision of law, a48
local board of education may transfer the unexpanded cash balance in the drivers education49
allotment category to another allotment category in accordance with this subsection.50

SECTION IID.1.(b) Budget Flexibility for FY 2020-2021. – Effective July 1, 2020,1
notwithstanding G.S. 115C-105.25 and any other provision of law, for the 2020-2021 fiscal year2
only, local boards of education may transfer and may approve transfers of funds in an allotment3
category to another allotment category subject to the following limitations:4
(1) Funds for career and technical education and other purposes may be5
transferred only as permitted by federal law and the conditions of federal6
grants or as provided through any rules that the State Board adopts to ensure7
compliance with federal regulations.8
(2) No funds shall be transferred out of the children with disabilities, students9
with limited English proficiency, and academically or intellectually gifted10
students categories.11
(3) No funds shall be transferred into the central office allotment category.12
(4) Positions allocated for classroom teachers may be converted to dollar13
equivalents to contract for visiting international exchange teachers through a14
visiting international exchange teacher program approved by the State. These15
positions shall be converted at the statewide average salary for classroom16
teachers, including benefits. The converted funds shall be used only to provide17
visiting international exchange teachers with salaries commensurate with their18
experience levels, to provide any State-approved bonuses, and to cover the19
costs associated with supporting visiting international exchange teachers20
within the local school administrative unit, including programming and21
related activities, background checks, medical coverage, and other program22
administration services in accordance with the federal regulations for the23
Exchange Visitor Program, 22 C.F.R. Part 62.24
(5) Except as provided in subdivision (4) of this subsection, positions allocated25
for classroom teachers and instructional support personnel may be converted26
to dollar equivalents for any purpose authorized by the policies of the State27
Board of Education. These positions shall be converted at the salary on the28
first step of the "A" Teachers Salary Schedule. Certified position allotments29
shall not be transferred to dollars to hire the same type of position.30
(6) Funds allocated for school building administration may be converted for any31
purpose authorized by the policies of the State Board of Education. For funds32
related to principal positions, the salary transferred shall be based on the first33
step of the Base column of the Principal Salary Schedule. For funds related to34
assistant principal months of employment, the salary transferred shall be based35
on the first step of the "A" Teachers Salary Schedule at the salary level for36
assistant principals. Certified position allotments shall not be transferred to37
dollars to hire the same type of position.38
(7) Funds to carry out the elements of the Excellent Public Schools Act that are39
contained in Section 7A.1 of S.L. 2012-142 shall not be transferred.40
(8) Funds allotted for textbooks and digital resources may be used only to acquire41
textbooks and digital resources and related technology, including any42
hardware, software, or equipment or devices necessary for the use of the43
digital resources. These funds shall not be transferred out of the allotment for44
any other purpose.45
Notwithstanding G.S. 20-88.03, G.S. 115C-215, and any other provision of law, a46
local board of education may transfer funds in the drivers education allotment category to another47
allotment category in accordance with this subsection.48
49
DELAY K-3 CLASS SIZE REDUCTION/ADJUST PROGRAM ENHANCEMENT50
TEACHER ALLOTMENT FUNDING51

SECTION IID.2.(a) Delay K-3 Class Size Reduction for One Year. – Part II of S.L.1
2018-2 reads as rewritten:2
"PART II. CLASS SIZE PHASE IN3
…4
"SECTION 2.(b) Notwithstanding G.S. 115C-301, as amended by this act, and any other5
provision of law, for the 2019-2020 and 2020-2021 school year, years, the average class size for6
kindergarten through third grade in a local school administrative unit shall not exceed one teacher7
per 19 students. At the end of the second school month and for the remainder of the school year,8
the size of an individual class in kindergarten through third grade shall not exceed one teacher9
per 22 students.10
"SECTION 2.(c) Notwithstanding G.S. 115C-301, as amended by this act, and any other11
provision of law, for the 2020-2021 2021-2022 school year, the average class size for12
kindergarten through third grade in a local school administrative unit shall not exceed one teacher13
per 18 students. At the end of the second school month and for the remainder of the school year,14
the size of an individual class in kindergarten through third grade shall not exceed one teacher15
per 21 students.16
"SECTION 2.(d) The class size requirements set forth in G.S. 115C-301, as amended by17
this act, shall apply beginning with the 2021-2022 2022-2023 school year."18
SECTION IID.2.(b) Delay Teacher Position Allotment Change. – Section 3(b) of19
S.L. 2018-2 reads as rewritten:20
"SECTION 3.(b) Effective July 1, 2021, 2022, G.S. 115C-301(a1), as enacted by subsection21
(a) of this section, reads as rewritten:22
…."23
SECTION IID.2.(c) Delay Restriction on Transfers for Teacher Position Allotments.24
– Section 4(b) of S.L. 2018-2 reads as rewritten:25
"SECTION 4.(b) Effective July 1, 2021, 2022, G.S. 115C-105.25(b), as amended by26
subsection (a) of this section, reads as rewritten:27
…."28
SECTION IID.2.(d) Adjustment to the Appropriation for Program Enhancement29
Teachers. – Notwithstanding Section 1.1 of S.L. 2019-242, effective beginning with the30
2020-2021 fiscal year, G.S. 115C-301(c2)(3) reads as rewritten:31
"(3) Appropriation. – Beginning with the 2019-2020 fiscal year, there is32
appropriated from the General Fund to the Department of Public Instruction33
for the allotment for program enhancement teachers for kindergarten through34
fifth grade an amount equal to the percentage of the total funds required to35
allot program enhancement teacher positions for kindergarten through fifth36
grade on a basis of one teacher per 191 students for each fiscal year as follows:37
Fiscal Year Appropriation38
2019-2020 50%39
2020-2021 75%50%40
2021-2022 75%41
2021-2022 2022-2023 and each subsequent fiscal year thereafter100%.42
When developing the base budget, as defined by G.S. 143C-1-1, for each43
fiscal year specified in this subdivision, the Director of the Budget shall44
include the appropriated amount for that fiscal year."45
46
SUBPART II-E. MODIFICATIONS TO SCHOOL PERSONNEL EMPLOYMENT AND47
EVALUATION PROVISIONS48
49
PRINCIPAL RECRUITMENT SUPPLEMENT50

SECTION IIE.1.(a) Notwithstanding G.S. 115C-285.1, as enacted by S.L.1
2019-247, for the 2020-2021 school year, a school identified as an eligible school in the2
2019-2020 school year pursuant to G.S. 115C-285.1(a)(2) shall continue to be an eligible school3
in the 2020-2021 school year.4
SECTION IIE.1.(b) G.S. 115C-285.1(e), as enacted by S.L. 2019-247, reads as5
rewritten:6
"(e) Additional Funds. – In the event an eligible employer is unable to award funds for the7
salary supplement because of resignation, dismissal, reduction in force, death, retirement, or8
failure to execute a contract with a qualifying principal, the Department shall award the funds,9
as soon as is practicable, to another eligible employer identified in subdivision (a)(2) (a)(1) of10
this section."11
12
INTENT OF THE GENERAL ASSEMBLY TO REFRAIN FROM USING SCHOOL13
GROWTH SCORES FROM THE 2019-2020 SCHOOL YEAR TO DETERMINE14
PRINCIPAL SALARIES FOR THE 2020-2021 FISCAL YEAR15
SECTION IIE.2. It is the intent of the General Assembly that, for purposes of16
establishing the 2020-2021 Principal Salary Schedule, the following shall occur:17
(1) School growth scores from the 2019-2020 school year shall not be used.18
(2) To the extent school growth scores from other school years are used to19
determine principal salaries, data used to calculate those school growth scores20
shall be from the 2018-2019 school year or earlier.21
22
NOTIFICATION REQUIREMENT FOR TEACHER PERFORMANCE DATA23
SECTION IIE.3. Notwithstanding G.S. 115C-333.2, for the 2020-2021 school year,24
principals are not required to notify teachers that Education Value-Added Assessment System25
(EVAAS) data has been updated to reflect teacher performance from the 2019-2020 school year.26
27
TEACHER EFFECTIVENESS REPORTING REQUIREMENTS28
SECTION IIE.4.(a) Notwithstanding G.S. 115C-299.5(d), for the 2020-2021 school29
year, local school administrative units are not required to provide teacher effectiveness data from30
the 2019-2020 school year to the State Board, and the State Board is not required to include any31
disaggregated data on teacher effectiveness from the 2019-2020 school year in its December 15,32
2020, report on the state of the teaching profession in North Carolina.33
SECTION IIE.4.(b) G.S. 115C-299.5(d) reads as rewritten:34
"(d) Teacher Effectiveness. – The annual teacher transition report by the State Board of35
Education shall disaggregate the data included in subsection (c) of this section by teacher36
effectiveness status at a statewide level. The report shall not disaggregate data on teacher37
effectiveness status at a local school administrative unit level. Notwithstanding Article 21A of38
this Chapter, local school administrative units shall provide to the State Board of Education, for39
the purposes of this report, any North Carolina Educator Evaluation System (NCEES)40
effectiveness status assigned to teachers who left employment. The State Board of Education41
shall not report disaggregated data that reveals confidential information in a teacher's personnel42
file, as defined by Article 21A of this Chapter, such as making the effectiveness status personally43
identifiable to an individual teacher."44
45
TEACHER EVALUATION AND OBSERVATION REQUIREMENTS46
SECTION IIE.5. Notwithstanding G.S. 115C-333(a) and G.S. 115C-333.1(a), for47
the 2019-2020 school year, annual teacher evaluations required pursuant to G.S. 115C-333(a)48
and G.S. 115C-333.1(a) shall be based on (i) observations completed in the 2019-2020 school49
year prior to the school closure period and (ii) other artifacts and evidence from the 2019-202050
school year. Schools are not required to complete any observations required in the 2019-202051

school year pursuant to G.S. 115C-333(a) and G.S. 115C-333.1(a) that were not completed prior1
to the school closure period.2
3
SUBPART II-F. WAIVERS FOR NONPUBLIC SCHOOLS RELATED TO TESTING4
AND ATTENDANCE5
6
STANDARDIZED TESTING REQUIREMENTS FOR NONPUBLIC SCHOOLS7
SECTION IIF.1. Notwithstanding G.S. 115C-549, 115C-550, 115C-557, 115C-558,8
and 115C-564, nonpublic schools, as defined in G.S. 115C-591(4), are not required to do either9
of the following:10
(1) Administer nationally standardized tests or other nationally standardized11
equivalent measurements for the 2019-2020 school year.12
(2) Make, maintain, or make available records of test results received by their13
students in the 2019-2020 school year.14
15
ATTENDANCE AND CALENDAR REQUIREMENTS FOR NONPUBLIC SCHOOLS16
SECTION IIF.2. Notwithstanding G.S. 115C-378, 115C-548, 115C-556, and17
115C-564, nonpublic schools, as defined in G.S. 115C-591(4), are not required to do either of18
the following:19
(1) Make, maintain, and render attendance records of children of compulsory20
school age during the school closure period.21
(2) For the 2019-2020 school year, operate on a regular schedule at least nine22
calendar months of the year.23
24
SUBPART II-G. K-12 SCHOLARSHIP PROGRAMS ADMINISTERED BY THE STATE25
EDUCATION ASSISTANCE AUTHORITY26
27
STANDARDIZED TESTING AND REPORTING REQUIREMENTS FOR NONPUBLIC28
SCHOOLS WITH STUDENTS RECEIVING OPPORTUNITY SCHOLARSHIP29
GRANTS30
SECTION IIG.1.(a) For purposes of this section, the definitions from31
G.S. 115C-562.1 shall apply.32
SECTION IIG.1.(b) Notwithstanding G.S. 115C-562.5, for the 2019-2020 school33
year, a nonpublic school that accepts eligible students receiving scholarship grants is not required34
to do any of the following:35
(1) Provide to the parent or guardian of an eligible student, whose tuition and fees36
are paid in whole or in part with a scholarship grant, the student's scores on37
standardized achievement tests.38
(2) Administer a nationally standardized test or other nationally standardized39
equivalent measurement to any eligible students whose tuition and fees are40
paid in whole or in part with a scholarship grant in grades three and higher.41
(3) Submit standardized test performance data from the 2019-2020 school year to42
the Authority.43
(4) If the nonpublic school enrolls more than 25 students whose tuition and fees44
are paid in whole or in part with a scholarship grant, either of the following:45
a. Report to the Authority on the aggregate standardized test performance46
of eligible students.47
b. Provide standardized test performance data from the 2019-2020 school48
year to an independent research organization.49
50
OPPORTUNITY SCHOLARSHIP PROGRAM DISBURSEMENT OF FUNDS51

SECTION IIG.2. Notwithstanding G.S. 115C-562.8, from the funds carried forward1
at the end of the 2019-2020 fiscal year pursuant to G.S. 115C-562.8 that were unexpended as a2
result of the closure of nonpublic schools due to the COVID-19 emergency, the Authority may3
remit a scholarship grant awarded to a student for the spring semester of the 2019-2020 school4
year to a nonpublic school on or before October 1, 2020.5
6
EXTENSION OF K-12 SCHOLARSHIP PROGRAM REPORT DATES7
SECTION IIG.3.(a) Opportunity Scholarship Grant Program. – Notwithstanding8
G.S. 115C-562.7, the Authority shall submit by November 15, 2020, its annual report due by9
October 15 each year to the Joint Legislative Education Oversight Committee on the Opportunity10
Scholarship Grant Program.11
SECTION IIG.3.(b) Disabilities Grant Program. – Notwithstanding12
G.S. 115C-112.8, the Authority shall submit by November 15, 2020, its annual report due by13
October 15 each year to the Joint Legislative Education Oversight Committee on the Special14
Education Scholarships for Children with Disabilities Program.15
16
SUBPART II-H. MODIFICATIONS FOR EDUCATOR PREPARATION17
PROGRAMS/SCHOOL ADMINISTRATOR PREPARATION PROGRAMS18
19
EDUCATOR PREPARATION PROGRAMS20
SECTION IIH.1.(a) Minimum Admission Requirements for EPPs. –21
Notwithstanding the minimum admission requirements required by G.S. 115C-269.15, for the22
2020-2021 academic year only, a recognized EPP shall be permitted to admit students as follows:23
(1) An individual student shall not be required to meet any of the criteria set forth24
in G.S. 115C-269.15(a).25
(2) An individual student shall not be required to have earned a grade point26
average of at least 2.7 under G.S. 115C-269.15(c). However, the EPP shall not27
permit a student to commence with a clinical practice as required by28
G.S. 115C-269.25(d) until the student has earned a grade point average of at29
least 2.7.30
(3) The minimum cohort grade point average for the entering cohort to an EPP31
for the 2020-2021 academic year shall not be required to be at least 3.0 under32
G.S. 115C-269.15(d).33
SECTION IIH.1.(b) Clinical Internships. – Notwithstanding34
G.S. 115C-269.25(d)(1), a student who is enrolled in a recognized EPP pursuant to35
G.S. 115C-269.5 may have the clinical internship requirement set forth in36
G.S. 115C-269.25(d)(1) deemed completed for the 2019-2020 academic year under the following37
conditions:38
(1) The student has completed as much time in a clinical internship as practicable39
prior to March 10, 2020.40
(2) The student would be unable to complete the EPP by August 15, 2020, unless41
the clinical internship is deemed completed pursuant to this section.42
(3) The student has been engaged in remote instruction as practicable while the43
school is closed during the school closure period.44
(4) The student has otherwise met the descriptors identified on the certification of45
teacher capacity utilized by the EPP and the elementary or secondary school46
partner.47
SECTION IIH.1.(c) Pedagogy Assessments. – Notwithstanding48
G.S. 115C-269.25(g), for individuals who have their clinical internship deemed completed49
pursuant to subsection (b) of this section, the following shall apply:50

(1) The State Board shall not require EPPs to require these individuals for the1
2019-2020 academic year to complete a nationally normed and valid2
pedagogy assessment to determine clinical practice performance.3
(2) The State Board shall not require these individuals for the 2019-20204
academic year to complete the pedagogy assessment as a condition of EPP5
completion.6
(3) These individuals shall attempt the pedagogy assessment by the end of their7
first year of licensure and shall pass the assessment by the end of their third8
year of licensure.9
SECTION IIH.1.(d) Accountability. – Due to the lack of student assessment data10
and the school closure period, notwithstanding the requirements of G.S. 115C-269.35(a), EPPs11
shall only be required to submit information that is practicably available in the annual report to12
the State Board required under G.S. 115C-269.35(b) for the 2019-2020 academic year.13
SECTION IIH.1.(e) Sanctions. – Notwithstanding G.S. 115C-269.45(c), the State14
Board shall not consider data that was not practicably available related to the 2019-2020 school15
year when assigning sanctions for an EPP under G.S. 115C-269.45(c).16
SECTION IIH.1.(f) EPP Report Cards. – Due to limited available information and17
the waiver of the requirement to submit certain information to the State Board under subsection18
(c) of this section, notwithstanding G.S. 115C-269.50, the State Board shall create and submit19
annual report cards for EPPs as required by G.S. 115C-269.50 by December 15, 2020, to the20
Joint Legislative Education Oversight Committee (Committee) but shall not make the annual21
report cards created pursuant to this section available to the public through the State Board's Web22
site for the 2019-2020 academic year. The State Board shall also include in its report to the23
Committee aggregated information on the following:24
(1) The number and overall percentage of students who were admitted to an EPP25
with a GPA that was less than 2.7 as permitted by subdivision (2) of subsection26
(a) of this section.27
(2) The number and overall percentage of students who had their clinical28
internships deemed completed pursuant to subsection (b) of this section.29
30
SCHOOL ADMINISTRATOR PREPARATION PROGRAMS31
SECTION IIH.2. Notwithstanding G.S. 115C-284(c2), a school administrator32
candidate who is enrolled in a school administrator preparation program meeting the approval33
standards established by the State Board pursuant to G.S. 115C-284 may have certain34
requirements of G.S. 115C-284(c2) deemed completed for the 2019-2020 academic year as35
follows:36
(1) The requirement that a candidate shall complete a year-long internship under37
G.S. 115C-284(c2)(7) shall be deemed completed under the following38
conditions:39
a. The candidate has completed as much time in the year-long internship40
as practicable prior to March 10, 2020.41
b. The candidate would be unable to complete the program by August42
15, 2020, unless the internship is deemed completed pursuant to this43
section.44
c. The candidate has been engaged in administrative duties as practicable45
while the school is closed during the school closure period.46
d. The candidate has otherwise met the competencies identified in the47
certification of capacity utilized by the school administrator48
preparation program.49
(2) The candidate shall complete a portfolio for emerging leaders to demonstrate50
the application of his or her training to actual school needs and training to the51

extent practicable prior to completion of the school administrator preparation1
program.2
3
TRANSFORMING PRINCIPAL PREPARATION GRANT PROGRAM4
REQUIREMENTS5
SECTION IIH.3.(a) Notwithstanding G.S. 116-209.72(a)(2)e., a school leader6
candidate who is enrolled in a school leader preparation program receiving a grant pursuant to7
Part 4 of Chapter 116 of the General Statutes shall have the clinical practice requirement under8
G.S. 116-209.72(a)(2)e. deemed completed for the 2019-2020 academic year under the following9
conditions:10
(1) The candidate has completed as much time in the clinical practice as11
practicable prior to March 10, 2020.12
(2) The candidate has been engaged in school leader duties as practicable while13
the school is closed during the school closure period.14
SECTION IIH.3.(b) Notwithstanding G.S. 116-209.73(c)(1a)a., the Authority shall15
not retrieve grant funds for the 2019-2020 fiscal year from a grant recipient based solely on a16
recipient's failure to require school leader candidates to complete a full-time paid clinical practice17
of at least five months and 750 hours in duration as required by G.S. 116-209.72(a)(2)e. as part18
of the program during the 2019-2020 academic year.19
20
SUBPART II-I. MODIFICATIONS FOR TEACHER LICENSURE21
REQUIREMENTS/REQUIREMENTS FOR OTHER SCHOOL PERSONNEL22
23
TEACHER LICENSURE REQUIREMENTS24
SECTION III.1.(a) Extension for Licensure Requirements. – Notwithstanding25
G.S. 115C-270.15, G.S. 115C-270.20, and Section 1.2 of S.L. 2019-71, as amended by Section26
8(d) of S.L. 2019-212, the State Board shall allow applicants for educator licensure additional27
time to meet the requirements under G.S. 115C-270.15 and G.S. 115C-270.20 as follows:28
(1) An individual who is in the first year of licensure, including an initial29
professional licensure (IPL), lateral entry license, or residency license (RL),30
as of March 10, 2020, who has not taken the examination required by the State31
Board may take the examination during the individual's second year of32
licensure.33
(2) An applicant for a continuing professional license (CPL) whose lateral entry34
license expires June 30, 2020, including a teacher granted an extension35
pursuant to Section 1.2 of S.L. 2019-71, as amended by Section 8(d) of S.L.36
2019-212, who has not met the examination and coursework requirements37
established by the State Board as of March 10, 2020, shall be provided an38
extension until June 30, 2021.39
(3) An applicant for a CPL whose IPL expires June 30, 2020, who has not met the40
examination requirement established by the State Board as of March 10, 2020,41
shall be provided an extension until June 30, 2021.42
(4) An applicant for a CPL who is an elementary education (K-6) or special43
education general curriculum teacher with an IPL or RL who was granted an44
extension until June 30, 2020, pursuant to Section 1.2 of S.L. 2019-71, as45
amended by Section 8(d) of S.L. 2019-212, who has not met the examination46
requirement established by the State Board as of March 10, 2020, shall be47
provided an extension until June 30, 2021.48
SECTION III.1.(b) Extension for CEU Requirement. – Notwithstanding49
G.S. 115C-270.30(b), any teacher who is required to have at least eight continuing education50

credits for continuing licensure by June 30, 2020, shall have until June 30, 2021, to meet the1
requirements under G.S. 115C-270.30(b).2
3
LICENSURE REQUIREMENTS FOR OTHER SCHOOL PERSONNEL4
SECTION III.2.(a) Extension for Examination Requirement. – Notwithstanding5
G.S. 115C-284 and G.S. 115C-315(d), the State Board shall allow applicants for licensure6
additional time to meet the examination requirements as follows:7
(1) Pursuant to G.S. 115C-284, an individual applying for a school administrator8
license who has not met the examination requirements established by the State9
Board as of March 10, 2020, shall be permitted to meet the examination10
requirements in the first year of licensure.11
(2) Pursuant to G.S. 115C-315(d), an individual applying for licensure for a12
professional position in a public elementary or secondary school who has not13
met the examination requirements established by the State Board as of March14
10, 2020, shall be permitted to meet the examinations requirement in the first15
year of licensure.16
SECTION III.2.(b) Extension for CEU Requirement. – Notwithstanding17
G.S. 115C-284(c3), a school administrator who is required to meet continuing education credits18
in high-quality, integrated digital teaching and learning for licensure renewal by June 30, 2020,19
shall have until June 30, 2021, to meet the requirements under G.S. 115C-284(c3).20
21
SUBPART II-J. NORTH CAROLINA COMMUNITY COLLEGE MODIFICATIONS22
23
COMMUNITY COLLEGE TUITION WAIVER FOR STUDENTS IN24
APPRENTICESHIP PROGRAMS25
SECTION IIJ.1. Notwithstanding G.S. 115D-5(b)(16), a student who is unable to26
continue participation in a pre-apprenticeship or apprenticeship program due to the COVID-1927
emergency may be eligible for a tuition waiver for community college courses in the student's28
documented plan of study related to a job-specific occupational or technical skill until December29
31, 2020.30
31
SUBPART II-K. UNIVERSITY OF NORTH CAROLINA MODIFICATIONS32
33
WAIVER OF INTEREST CHARGES ON UNC STUDENT DEBT34
SECTION IIK.1. Notwithstanding G.S. 147-86.23, a constituent institution of The35
University of North Carolina shall not accrue or charge any interest to a past-due account36
receivable held by a student between March 13, 2020, and September 15, 2020.37
38
EXTENSION OF UNC REPORT DATES39
SECTION IIK.2.(a) Notwithstanding G.S. 116-11(12d), 116-74.21, and40
143-613(b1), the Board of Governors of The University of North Carolina shall have an41
additional 60 days to submit the following reports to the Joint Legislative Education Oversight42
Committee:43
(1) The annual report due by April 15 each year on teacher education efforts at44
The University of North Carolina.45
(2) The annual report due by April 15 each year on the supply and demand of46
school administrators to determine the number of school administrators to be47
trained in school administrator training programs within the constituent48
institutions of The University of North Carolina in each year of the fiscal49
biennium.50

(3) The biennial report due by May 15 every two years on the goals for1
State-operated health professional schools that offer training programs for2
licensure or certification of physician assistants, nurse practitioners, and nurse3
midwives for increasing the percentage of the graduates of those programs4
who enter clinical programs and careers in primary care.5
SECTION IIK.2.(b) Notwithstanding Section 9.7(c) of S.L. 2008-107, as amended6
by Section 9.3(c) of S.L. 2010-31, the Board of Governors of The University of North Carolina7
shall submit by June 15, 2020, its annual report on the UNC-NCCCS 2+2 E-Learning Initiative8
due by April 15 each year to the Joint Legislative Education Oversight Committee, the State9
Board of Education, the Office of State Budget and Management, and the Fiscal Research10
Division.11
SECTION IIK.2.(c) Notwithstanding Section 9.3(c) of S.L. 2005-276, as amended12
by Section 9.3(d) of S.L. 2010-31, The University of North Carolina System Office shall submit13
by June 15, 2020, its annual report on the UNC-NCCCS Joint Initiative for Teacher Education14
and Recruitment due by April 15 each year to the State Board of Education, the Board of15
Governors of The University of North Carolina, the State Board of Community Colleges, the16
Education Cabinet, the Joint Legislative Education Oversight Committee, and the Office of State17
Budget and Management.18
19
PART III. HEALTH CARE20
21
SUBPART III-A. DEFINITIONS22
SECTION IIIA.1.(a) Unless the context clearly indicates otherwise, the following23
definitions apply in this Part:24
(1) CDC. – The federal Centers for Disease Control and Prevention.25
(2) COVID-19. – Coronavirus disease 2019.26
(3) COVID-19 diagnostic test. – A test the federal Food and Drug Administration27
has authorized for emergency use or approved to detect the presence of the28
severe acute respiratory syndrome coronavirus 2.29
(4) COVID-19 emergency. – The period beginning March 10, 2020, and ending30
on the date the Governor signs an executive order rescinding Executive Order31
No. 116, Declaration of a State of Emergency to Coordinate Response and32
Protective Actions to Prevent the Spread of COVID-19.33
(5) COVID-19 antibody test. – A serological blood test the federal Food and Drug34
Administration has authorized for emergency use or approved to measure the35
amount of antibodies or proteins present in the blood when the body is36
responding to an infection caused by the severe acute respiratory syndrome37
coronavirus 2.38
SECTION IIIA.1.(b) This section is effective when it becomes law.39
40
SUBPART III-B. AFFIRMATIONS OF ACTIONS TAKEN IN RESPONSE TO41
COVID-1942
SECTION IIIB.1.(a) The North Carolina General Assembly supports the various43
actions taken by the North Carolina Medical Board, the North Carolina Board of Nursing, other44
health care provider licensing boards, and the State's teaching institutions for health care45
providers and their efforts to address the workforce supply challenges presented by the46
COVID-19 emergency. Further, the General Assembly supports each of the following initiatives,47
including, but not limited to:48
(1) As COVID-19 antibody tests become available in the State, encouraging all49
persons authorized under State law to administer such tests to give priority to50
frontline care providers, including emergency medical services personnel,51

firefighters, rescue squad workers, law enforcement officers, licensed health1
care providers, long-term care providers, child care providers, and other2
persons essential to the provision of medical care, dental care, long-term care,3
or child care.4
(2) Pursuing any federally available waiver or program allowance regarding child5
welfare, including, but not limited to, waivers regarding virtual visitation for6
children in foster care, temporary suspension of relicensing requirements for7
foster parents, and the continuation of payments for youth in foster care ages8
18-21 years, regardless of education or employment requirements.9
(3) Providing ongoing flexibility to teaching institutions to ensure students10
seeking degrees in health care professions can complete necessary clinical11
hours.12
SECTION IIIB.1.(b) This section is effective when it becomes law.13
14
SUBPART III-C. INCREASED ACCESS TO MEDICAL SUPPLIES NECESSARY TO15
RESPOND TO COVID-19 AND FUTURE PUBLIC HEALTH EMERGENCIES16
17
STATE PLAN FOR A STRATEGIC STATE STOCKPILE OF PERSONAL18
PROTECTIVE EQUIPMENT AND TESTING SUPPLIES FOR PUBLIC HEALTH19
EMERGENCIES20
SECTION IIIC.1.(a) As used in this section, the following terms have the following21
meanings:22
(1) Acute care providers. – Includes hospitals, free-standing emergency23
departments, urgent care centers, and dialysis centers.24
(2) First responders. – Includes local health departments, law enforcement, fire25
departments, search and rescue personnel, and emergency medical services26
providers.27
(3) Health care providers. – As defined in G.S. 90-21.50.28
(4) Long-term care providers. – Includes skilled nursing facilities, intermediate29
care facilities as defined in G.S. 131A-3, adult care homes licensed under30
G.S. 131D-2.4, group homes, home health agencies, and palliative and31
hospice care providers.32
(5) Non-health care entities. – Includes child care providers, local departments of33
social services, hotels and motels used for isolation and quarantine, shelters,34
and correctional facilities.35
SECTION IIIC.1.(b) By July 1, 2020, the Division of Public Health (DPH) and the36
Division of Health Service Regulation (DHSR) within the Department of Health and Human37
Services, in conjunction with the North Carolina Division of Emergency Management within the38
Department of Public Safety, shall develop and submit to the Joint Legislative Oversight39
Committee on Health and Human Services and the Joint Legislative Oversight Committee on40
Justice and Public Safety a plan for creating and maintaining a Strategic State Stockpile of41
personal protective equipment (PPE) and testing supplies. It is the intent of the General Assembly42
that the Strategic State Stockpile would be accessible by both public and private acute care43
providers, first responders, health care providers, long-term care providers, and non-health care44
entities located within the State for the purposes of addressing the COVID-19 pandemic and45
future public health emergencies.46
SECTION IIIC.1.(c) The plan shall include at least all of the following components:47
(1) Recommendations about which agency will serve as the lead agency to48
oversee the Strategic State Stockpile described in this section, with (i) a49
description of the roles of DPH, DHSR, and the Division of Emergency50

Management and (ii) an explanation of how these entities will collaborate to1
create and maintain the Strategic State Stockpile.2
(2) Recommendations for improvements to the State's existing procurement,3
allocation, and distribution process for PPE.4
(3) Recommendations about what persons or entities should have access to the5
Strategic State Stockpile.6
(4) Recommendations on how to increase within the State the manufacture of PPE7
that meets CDC guidelines for infection control, including consideration of (i)8
incentives for in-State private manufacturers and vendors that agree to9
produce and make PPE available to the Strategic State Stockpile and (ii) the10
feasibility of Correction Enterprises producing PPE for the Strategic State11
Stockpile.12
(5) Recommendations about procuring testing supplies that meet applicable13
federal standards.14
(6) Identification of available locations for maintaining the Strategic State15
Stockpile.16
(7) Recommendations about the source, type, quality, and quantity of PPE and17
testing supplies the State should maintain as part of the Strategic State18
Stockpile, including a process for ongoing evaluation by individuals with19
expertise in emergency response, infection control, and environmental safety.20
(8) A mechanism for managing the inventory of PPE and testing supplies21
purchased for the Strategic State Stockpile.22
(9) An estimated five-year budget, including nonrecurring and recurring costs, for23
creating and maintaining the Strategic State Stockpile.24
(10) Any other components deemed appropriate by DPH and DHSR, in25
conjunction with the Division of Emergency Management.26
SECTION IIIC.1.(d) This section is effective when it becomes law.27
28
PRIORITY CONSIDERATION OF NORTH CAROLINA-BASED COMPANIES WHEN29
ADDRESSING PUBLIC HEALTH EMERGENCIES30
SECTION IIIC.2.(a) During a public health emergency, the Department of Health31
and Human Services and the North Carolina Division of Emergency Management within the32
Department of Public Safety shall first consider North Carolina-based companies that can33
provide mobile response units with capabilities to reach rural areas of the State. Operations that34
shall be considered include patient testing or sample collections, feeding operations, triage35
facilities, and other operations where it is necessary to deliver mobile services to individuals.36
SECTION IIIC.2.(b) This section is effective when it becomes law.37
38
SUBPART III-D. SUPPORT FOR HEALTH CARE PROVIDERS TO RESPOND TO39
COVID-1940
41
DENTAL BOARD FLEXIBILITY DURING DISASTERS AND EMERGENCIES42
SECTION IIID.1.(a) Article 2 of Chapter 90 of the General Statutes is amended by43
adding a new section to read:44
"§ 90-28.5. Disasters and emergencies.45
If the Governor declares a state of emergency or a county or municipality enacts ordinances46
under G.S. 153A-121, 160A-174, 166A-19.31, or Article 22 of Chapter 130A of the General47
Statutes, the North Carolina Board of Dental Examiners may waive the requirements of this48
Article and Article 16 of this Chapter to permit the provision of dental and dental hygiene services49
to the public during the state of emergency."50
SECTION IIID.1.(b) This section is effective when it becomes law.51

1
AUTHORIZATION FOR DENTISTS TO ADMINISTER COVID-19 TESTS2
SECTION IIID.2.(a) G.S. 90-29(b) is amended by adding a new subdivision to read:3
"(14) The administration by dentists of diagnostic tests and antibody tests for4
coronavirus disease 2019 to patients only if such tests have been approved or5
authorized for emergency use by the United States Food and Drug6
Administration."7
9
AUTHORIZATION PROCESS FOR IMMUNIZING PHARMACISTS TO10
ADMINISTER COVID-19 IMMUNIZATIONS/VACCINATIONS11
SECTION IIID.3.(a) In the event the Centers for Disease Control and Prevention12
recommends an immunization or vaccination for COVID-19 at a time when the General13
Assembly is not in regular session, any person may petition the State Health Director, in writing,14
to authorize immunizing pharmacists, as defined in G.S. 90-85.3, to administer the recommended15
immunization or vaccination for COVID-19 by means of a statewide standing order. The State16
Health Director shall, within 30 days after receiving such petition, consult with the following17
entities in evaluating the petition and respond by either approving or denying the petition:18
Representatives of the North Carolina Academy of Family Physicians, the North Carolina19
Medical Society, the North Carolina Pediatric Society, the North Carolina Association of20
Community Pharmacists, the North Carolina Association of Pharmacists, and the North Carolina21
Retail Merchants Association.22
SECTION IIID.3.(b) Following the consultation provided in subsection (a) of this23
section, if the State Health Director approves the petition, the State Health Director may issue a24
statewide standing order authorizing the administration of an immunization or vaccination of25
COVID-19 by immunizing pharmacists. If the State Health Director issues a statewide standing26
order, it shall expire upon the adjournment of the next regular session of the General Assembly.27
SECTION IIID.3.(c) If the State Health Director approves the petition as provided28
in subsection (a) of this section, the State Health Director shall, within 10 days after approval,29
consult with the entities listed in subsection (a) of this section to develop and submit to the North30
Carolina Board of Medicine, the North Carolina Board of Nursing, the North Carolina Board of31
Pharmacy, and the Joint Legislative Oversight Committee on Health and Human Services a32
minimum standard screening questionnaire and safety procedures for written protocols for the33
administration of the recommended immunization or vaccination for COVID-19 by immunizing34
pharmacists. In the event that the questionnaire and recommended standards are not developed35
and submitted within the 10-day period as provided in this subsection, then the Immunization36
Branch of the Department of Health and Human Services, Division of Public Health, shall37
develop the questionnaire and recommended standards within the next 10 days and submit them38
to the North Carolina Board of Medicine, the North Carolina Board of Nursing, the North39
Carolina Board of Pharmacy, and the Joint Legislative Oversight Committee on Health and40
Human Services. At a minimum, immunizing pharmacists who administer the recommended41
immunization or vaccination for COVID-19 shall be required to comply with all the requirements42
of G.S. 90-85.15B.43
SECTION IIID.3.(d) All of the following individuals shall be immune from any44
civil or criminal liability for actions authorized by this section as follows:45
(1) The State Health Director acting pursuant to this section.46
(2) Any pharmacist who administers a COVID-19 immunization or vaccine47
pursuant to a statewide standing order issued under this section.48
SECTION IIID.3.(e) This section is effective when it becomes law.49
50
PRESCRIPTION IDENTIFICATION REQUIREMENTS51

SECTION IIID.4.(a) Notwithstanding any other provision of law to the contrary,1
for the duration of the COVID-19 emergency, pharmacists licensed in this State under Article2
4A of Chapter 90 of the General Statutes may confirm the identity of any individual seeking3
dispensation of a prescription by the visual inspection of any form of government-issued photo4
identification. If the individual seeking dispensation is a known customer, the pharmacist may5
confirm the individual's identity by referencing existing records, including the controlled6
substances reporting system. Nothing in this section shall be construed to relieve a pharmacist of7
the obligation to review information in the controlled substances reporting system in accordance8
with G.S. 90-113.74D.9
SECTION IIID.4.(b) This section is effective when it becomes law and expires 6010
days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.11
12
TEMPORARY FLEXIBILITY FOR QUALITY IMPROVEMENT PLANS13
SECTION IIID.5.(a) For purposes of this section, the following definitions apply:14
(1) Quality improvement plan rules. – The rules regulating the quality15
improvement process for physician assistants and nurse practitioners found in16
21 NCAC 32S .0213, 21 NCAC 32M .0110, and 21 NCAC 36 .0810.17
(2) Application fee rules. – The portions of rules found in 21 NCAC 32S .0204,18
21 NCAC 32M .0115, and 21 NCAC 36 .0813 that require the payment of an19
application fee.20
(3) Annual review rules. – The portions of rules requiring the annual review or21
renewal of a practice arrangement between a physician and a physician22
assistant or nurse practitioner found in 21 NCAC 32S .0201, 21 NCAC 32M23
.0110, and 21 NCAC 36 .0806.24
SECTION IIID.5.(b) Notwithstanding any other provision of law to the contrary,25
neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce26
any provision of the quality improvement plan rules to the extent they require any of the27
following:28
(1) Quality improvement process meetings between a physician and a physician29
assistant or nurse practitioner, provided that the physician assistant or nurse30
practitioner was practicing within the scope of his or her license prior to31
February 1, 2020, and continues to practice within the scope of his or her32
license while this section is effective.33
(2) Monthly quality improvement process meetings between a physician and a34
physician assistant or nurse practitioner during the first six months of the35
practice arrangement between the physician and the physician assistant or36
nurse practitioner physician assistant, nurse practitioner, or certified nurse37
midwife.38
SECTION IIID.5.(c) Notwithstanding any other provision of law to the contrary,39
any provision of the quality improvement plan rules or the application fee rules to the extent they41
require any individual to fill out an application or pay a fee, provided that individual is providing42
volunteer health care services within the scope of his or her license in response to the COVID-1943
pandemic state of emergency declared by the Governor of North Carolina on March 10, 2020.44
SECTION IIID.5.(d) Notwithstanding any other provision of law to the contrary,45
any provision of the annual review rules.47
SECTION IIID.5.(e) This section is effective when it becomes law and expires 6048
50
PANDEMIC HEALTH CARE WORKFORCE STUDY51

SECTION IIID.6.(a) The mission of the North Carolina Area Health Education1
Center (NC AHEC) is to meet the State's health and health workforce needs and to provide2
education programs and services that bridge academic institutions and communities to improve3
the health of the people of North Carolina, with a focus on underserved populations. Consistent4
with that mission, the North Carolina General Assembly directs the NC AHEC program to5
conduct a study of the issues that impact health care delivery and the health care workforce during6
a pandemic. The study shall focus on the impact of the COVID-19 pandemic, issues that need to7
be addressed in the aftermath of this pandemic, and plans that should be implemented in the event8
of a future health crisis.9
SECTION IIID.6.(b) The study shall include input from universities, colleges, and10
community colleges that educate health care providers; health care provider licensing boards; the11
Department of Health and Human Services; the Department of Public Safety; and geographically12
disbursed rural and urban hospitals, ambulatory surgical centers, primary care practices, specialty13
care practices, correctional facilities, group homes, home care agencies, nursing homes, adult14
care homes, and other residential care facilities.15
SECTION IIID.6.(c) The study shall include, but is not limited to, examination of,16
and reporting on, the issues outlined below:17
(1) Adequacy of the health care workforce supply to respond to a pandemic in the18
following settings: acute care, ambulatory, primary care, nursing homes, adult19
care homes, other residential care facilities, correctional facilities, and20
in-home care.21
(2) Adequacy of the health care workforce supply to address the COVID-1922
surge; the ability to redirect the existing workforce supply to meet staffing23
demands, including the identification of any barriers; and recommendations24
to eliminate barriers and readily deploy staffing in a future health crisis.25
(3) Adequacy of the health care workforce training, by setting, and the need for26
additional training or cross-training of health care providers.27
(4) Impact of the COVID-19 pandemic on communities with preexisting28
workforce shortages.29
(5) Impact of personal protective equipment (PPE) availability on the health care30
workforce, by setting.31
(6) Sufficiency of support mechanisms for the health care workforce, including32
the availability of child care, transportation, mental health and resilience33
support services, and other support items.34
(7) Impact of postponing or eliminating nonessential services and procedures on35
the health care workforce.36
(8) Impact of postponing or eliminating nonessential services and procedures on37
hospitals, particularly rural hospitals.38
(9) Interruptions in the delivery of routine health care during the COVID-1939
pandemic and the impact to citizens, primary and specialty care practices, and40
the health care workforce employed in these practices.41
(10) Impact of the COVID-19 pandemic on the delivery of behavioral health42
services.43
(11) Ability of telehealth options to deliver routine and emergent health and44
behavioral health services to patients.45
(12) Impact of telehealth on hospitals during the COVID-19 pandemic.46
(13) Support necessary to resume health care delivery to pre-pandemic levels.47
(14) Ability of the health care workforce and health care delivery structure to48
respond to the needs of minority populations, individuals with health49
disparities, and individuals and communities with increased health risks,50
during a pandemic.51

(15) Impact of the COVID-19 pandemic, including concerns surrounding PPE1
availability, on current health sciences students and implications for future2
students contemplating a career in health sciences.3
SECTION IIID.6.(d) The NC AHEC shall report findings and recommendations to4
the House Select Committee on COVID-19, Health Care Working Group, on or before November5
15, 2020. The report shall include a summary section to provide a high-level debriefing to the6
State's leaders, health care providers, and others, on successes and priority items to address as7
the State moves forward.8
SECTION IIID.6.(e) Due to the evolving nature of the COVID-19 pandemic, the9
NC AHEC has authority to report subsequent study findings and recommendations, as10
appropriate, to the Joint House Appropriations Subcommittee on Health and Human Services,11
the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative12
Oversight Committee on Health and Human Services.13
SECTION IIID.6.(f) This section is effective when it becomes law.14
15
HEALTH CARE LIABILITY PROTECTION FOR EMERGENCY OR DISASTER16
TREATMENT17
SECTION IIID.7.(a) Chapter 90 of the General Statutes is amended by adding a18
new Article to read:19
"Article 1L.20
"Emergency or Disaster Treatment Protection Act.21
"§ 90-21.130. Short title.22
This Article shall be known and may be cited as the Emergency or Disaster Treatment23
Protection Act.24
"§ 90-21.131. Purpose.25
It is the purpose of this section to promote the public health, safety, and welfare of all citizens26
by broadly protecting the health care facilities and health care providers in this State from liability27
that may result from treatment of individuals during the COVID-19 public health emergency28
under conditions resulting from circumstances associated with the COVID-19 public health29
emergency. A public health emergency that occurs on a statewide basis requires an enormous30
response from state, federal, and local governments working in concert with private and public31
health care providers in the community. The rendering of treatment to patients during such a32
public health emergency is a matter of vital State concern affecting the public health, safety, and33
welfare of all citizens.34
"§ 90-21.132. Definitions.35
The following definitions apply in this Article:36
(1) COVID-19. – Coronavirus disease 2019.37
(2) COVID-19 emergency declaration. – Executive Order No. 116 issued March38
10, 2020, by Governor Roy A. Cooper, including any amendments issued by39
executive order, subject to extensions under Chapter 166A of the General40
Statutes.41
(3) COVID-19 emergency rule. – Any executive order, declaration, directive,42
request, or other state or federal authorization, policy statement, rule making,43
or regulation that waives, suspends, or modifies applicable State or federal44
law regarding scope of practice, including modifications authorizing health45
care providers licensed in another state to practice in this State, or the delivery46
of care, including those regarding the facility space in which care is delivered47
and which equipment is used during the COVID-19 emergency declaration.48
(4) Damages. – Economic or noneconomic losses for harm to an individual.49
(5) Harm. – Physical and nonphysical contact that results in injury to or death of50
an individual.51

(6) Health care facility. – Any entity licensed pursuant to Chapter 122C, 131D,1
or 131E of the General Statutes or Article 64 of Chapter 58 of the General2
Statutes.3
(7) Health care provider. –4
a. An individual who is licensed, certified, or otherwise authorized under5
Chapter 90 or 90B of the General Statutes to provide health care6
services in the ordinary course of business or practice of a profession7
or in an approved education or training program.8
b. A health care facility where health care services are provided to9
patients, residents, or others to whom such services are provided as10
allowed by law.11
c. Individuals licensed under Chapter 90 of the General Statutes or12
practicing under a waiver in accordance with G.S. 90-12.5.13
d. Any emergency medical services personnel as defined in14
G.S. 131E-155(7).15
e. Any individual providing health care services within the scope of16
authority permitted by a COVID-19 emergency rule.17
f. Any individual who is employed as a health care facility administrator,18
executive, supervisor, board member, trustee, or other person in a19
managerial position or comparable role at a health care facility.20
g. An agent or employee of a health care facility that is licensed, certified,21
or otherwise authorized to provide health care services.22
h. An officer or director of a health care facility.23
i. An agent or employee of a health care provider who is licensed,24
certified, or otherwise authorized to provide health care services.25
(8) Health care service. – Treatment, clinical direction, supervision, management,26
administrative or corporate service, provided by a health care facility or a27
health care provider during the period of the COVID-19 emergency28
declaration, regardless of the location in this State where the service is29
rendered:30
a. To provide testing, diagnosis, or treatment of a health condition,31
illness, injury, or disease related to a confirmed or suspected case of32
COVID-19.33
b. To dispense drugs, medical devices, medical appliances, or medical34
goods for the treatment of a health condition, illness, injury, or disease35
related to a confirmed or suspected case of COVID-19.36
c. To provide care to any other individual who presents or otherwise37
seeks care at or from a health care facility or to a health care provider38
during the period of the COVID-19 emergency declaration.39
(9) Volunteer organization. – Any medical organization, company, or institution40
that has made its facility or facilities available to support the State's response41
and activities under the COVID-19 emergency declaration and in accordance42
with any applicable COVID-19 emergency rule.43
"§ 90-21.133. Immunity.44
(a) Notwithstanding any law to the contrary, except as provided in subsection (b) of this45
section, any health care facility, health care provider, or entity that has legal responsibility for46
the acts or omissions of a health care provider shall have immunity from any civil liability for47
any harm or damages alleged to have been sustained as a result of an act or omission in the course48
of arranging for or providing health care services only if all of the following apply:49
(1) The health care facility, health care provider, or entity is arranging for or50
providing health care services during the period of the COVID-19 emergency51

declaration, including, but not limited to, the arrangement or provision of1
those services pursuant to a COVID-19 emergency rule.2
(2) The arrangement or provision of health care services is impacted, directly or3
indirectly:4
a. By a health care facility, health care provider, or entity's decisions or5
activities in response to or as a result of the COVID-19 epidemic; or6
b. By the decisions or activities, in response to or as a result of the7
COVID-19 epidemic, of a health care facility or entity where a health8
care provider provides health care services.9
(3) The health care facility, health care provider, or entity is arranging for or10
providing health care services in good faith.11
(b) The immunity from any civil liability provided in subsection (a) of this section shall12
not apply if the harm or damages were caused by an act or omission constituting gross negligence,13
reckless misconduct, or intentional infliction of harm by the health care facility or health care14
provider providing health care services; provided that the acts, omissions, or decisions resulting15
from a resource or staffing shortage shall not be considered to be gross negligence, reckless16
misconduct, or intentional infliction of harm.17
(c) Notwithstanding any law to the contrary, a volunteer organization shall have18
immunity from any civil liability for any harm or damages occurring in or at its facility or19
facilities arising from the State's response and activities under the COVID-19 emergency20
declaration and in accordance with any applicable COVID-19 emergency rule, unless it is21
established that such harm or damages were caused by the gross negligence, reckless misconduct,22
or intentional infliction of harm by the volunteer organization.23
"§ 90-21.134. Severability.24
This Article shall be liberally construed to effectuate its public health emergency purpose as25
outlined in G.S. 90-121.131. The provisions of this Article are severable. If any part of this26
Article is declared to be invalid by a court, the invalidity does not affect other parts of this Article27
that can be given effect without the invalid provision."28
SECTION IIID.7.(b) This section is effective when it becomes law and applies to29
acts or omissions occurring during the time of Executive Order No. 116 issued on March 10,30
2020, by Governor Roy A. Cooper, and any subsequent time period during which a state of31
emergency is declared to be in effect during calendar year 2020 by the Governor in response to32
COVID-19.33
34
DISPENSE AND USE OF CONTROLLED SUBSTANCES TEMPORARILY AT35
ADDITIONAL PLACES OF BUSINESS36
SECTION IIID.8.(a) Notwithstanding any provision of law to the contrary, for the37
duration of the COVID-19 emergency, a hospital, nursing home, or clinic holding a valid State38
registration for controlled substances under Article 5 of Chapter 90 of the General Statutes may39
temporarily dispense or use controlled substances at additional places of business by completing40
the registration process developed by the Division of Mental Health, Developmental Disabilities41
and Substance Abuse Services of the North Carolina Department of Health and Human Services,42
and providing all information required pursuant to said emergency registration process for any43
overflow facility or satellite facility that may be established temporarily by the hospital, nursing44
home, or clinic registrant in response to the COVID-19 emergency, and no registration fee shall45
be required in connection with any such emergency registration.46
SECTION IIID.8.(b) This section is effective when it becomes law and expires 6047
49
PRE-PROCEDURE COVID-19 TEST RESULT REPORTING50

SECTION IIID.9.(a) All healthcare providers, as defined under G.S. 130A-476(g),1
shall receive and report the results, both positive and negative, of any COVID-19 diagnostic test2
or COVID-19 antibody test performed on an individual prior to any nonemergency surgery or3
procedure to the Commission for Public Health (Commission) and to the Division of Public4
Health. The Department of Health and Human Services shall report pre-procedure test result data5
on a county-by-county basis and update it daily on its Web site.6
8
SUBPART III-E. INCREASED FLEXIBILITY FOR THE DEPARTMENT OF HEALTH9
AND HUMAN SERVICES TO RESPOND TO COVID-1910
11
EXTENSION OF TIME FOR ESTABLISHING CONNECTIVITY TO THE STATE'S12
HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS HEALTHCONNEX13
SECTION IIIE.1.(a) G.S. 90-414.4(a1)(2) reads as rewritten:14
"(2) Except as provided in subdivisions (3), (4), and (5) of this subsection, all other15
providers of Medicaid and State-funded health care services shall begin16
submitting demographic and clinical data by June 1, 2020.October 1, 2021."17
SECTION IIIE.1.(b) G.S. 90-414(a2) reads as rewritten:18
"(a2) Extensions of Time for Establishing Connection to the HIE Network. – The19
Department of Information Technology, in consultation with the Department of Health and20
Human Services and the State Health Plan for Teachers and State Employees, may establish a21
process to grant limited extensions of the time for providers and entities to connect to the HIE22
Network and begin submitting data as required by this section upon the request of a provider or23
entity that demonstrates an ongoing good-faith effort to take necessary steps to establish such24
connection and begin data submission as required by this section. The process for granting an25
extension of time must include a presentation by the provider or entity to the Department of26
Information Technology, the Department of Health and Human Services, and the State Health27
Plan for Teachers and State Employees on the expected time line for connecting to the HIE28
Network and commencing data submission as required by this section. Neither the Department29
of Information Technology, the Department of Health and Human Services, nor the State Health30
Plan for Teachers and State Employees shall grant an extension of time (i) to any provider or31
entity that fails to provide this information to both Departments, and the State Health Plan for32
Teachers and State Employees, (ii) that would result in the provider or entity connecting to the33
HIE Network and commencing data submission as required by this section later than June 1,34
2020, October 1, 2021, or (iii) that would result in any provider or entity specified in subdivisions35
(4) and (5) of subsection (a1) of this section connecting to the HIE Network and commencing36
data submission as required by this section later than June 1, 2022. The Department of37
Information Technology shall consult with the Department of Health and Human Services and38
the State Health Plan for Teachers and State Employees to review and decide upon a request for39
an extension of time under this section within 30 days after receiving a request for an extension."40
SECTION IIIE.1.(c) This section is effective when it becomes law.41
42
TEMPORARY WAIVER OF THREE-YEAR FINGERPRINTING43
REQUIREMENT/CHILD CARE PROVIDERS/ADOPTIONS/FOSTER CARE44
SECTION IIIE.2.(a) Notwithstanding G.S. 110-90.2(b), the Department of Health45
and Human Services, Division of Child Development and Early Education, shall temporarily46
waive the requirement that current child care providers complete a fingerprint-based criminal47
history check every three years.48
SECTION IIIE.2.(b) In accordance with federal guidance, all available State and49
federal name-based criminal background checks for prospective employees seeking employment50
in licensed child care shall be completed. Prospective employees will be issued a provisional51

qualification status. In situations where only State and federal name-based checks were1
completed, fingerprint-based criminal history checks shall be completed within 60 days of2
Executive Order No. 116 being rescinded, in compliance with State law and rules. If3
fingerprint-based checks are not completed within 60 days of Executive Order No. 116 being4
rescinded, the prospective employee will be disqualified until a fingerprint-based check is5
completed.6
SECTION IIIE.2.(c) Notwithstanding any provision of law or rules to the contrary,7
the Department of Health and Human Services, Division of Social Services, shall temporarily8
waive any requirement to complete a fingerprint-based criminal history check pertaining to9
adoptions, foster care, or child care institutions. However, in accordance with federal guidance,10
all available name-based criminal background checks for prospective foster parents, adoptive11
parents, legal guardians, and adults working in child care institutions shall be completed, and, in12
situations where only name-based checks were completed, fingerprint-based criminal history13
checks shall be completed within 60 days of Executive Order No. 116 being rescinded, in14
compliance with State law and rules.15
SECTION IIIE.2.(d) This section is effective when it becomes law and expires 6016
18
PROVIDE MEDICAID COVERAGE FOR COVID-19 TESTING TO UNINSURED19
INDIVIDUALS IN NORTH CAROLINA DURING THE NATIONWIDE PUBLIC20
HEALTH EMERGENCY21
SECTION IIIE.3.(a) The Department of Health and Human Services, Division of22
Health Benefits (DHB), is authorized to provide the Medicaid coverage described in 42 U.S.C.A.23
§ 1396a(a)(10)(A)(ii)(XXIII), which covers COVID-19 testing for certain uninsured individuals24
during the period in which there is a declared nationwide public health emergency as a result of25
the 2019 novel coronavirus. DHB is authorized to provide this medical assistance retroactively26
to the earliest date allowable.27
SECTION IIIE.3.(b) This section is effective when it becomes law.28
29
TEMPORARY MEDICAID COVERAGE FOR THE PREVENTION, TESTING, AND30
TREATMENT OF COVID-1931
SECTION IIIE.4.(a) The Department of Health and Human Services, Division of32
Health Benefits (DHB), is authorized to provide temporary, targeted Medicaid coverage to33
individuals with incomes up to two hundred percent (200%) of the federal poverty level, as34
requested by the Secretary of the Department of Health and Human Services in the 1115 waiver35
application submitted to the Centers for Medicare and Medicaid Services (CMS) on March 27,36
2020. If CMS grants approval for different coverage or a different population than requested in37
that 1115 waiver application, DHB may implement the approved temporary coverage, provided38
that all the following criteria are met:39
(1) The coverage is only provided for a limited time period related to the declared40
nationwide public health emergency as a result of the 2019 novel coronavirus.41
(2) The coverage is not provided for services other than services for the42
prevention, testing, or treatment of COVID-19.43
(3) The income level to qualify for the coverage does not exceed two hundred44
percent (200%) of the federal poverty level.45
SECTION IIIE.4.(b) The Department of Health and Human Services, Division of46
Health Benefits, is authorized to provide this Medicaid coverage retroactively to the earliest date47
allowable.48
SECTION IIIE.4.(c) This section is effective when it becomes law.49
50
SUPPORT RECEIPT OF ENHANCED FEDERAL MEDICAID FUNDING51

SECTION IIIE.5.(a) It is the intent of the General Assembly that North Carolina1
adhere to all federal requirements for obtaining enhanced federal Medicaid funding, as provided2
under the Families First Coronavirus Response Act (FFCRA), Public Law 116-127, as amended,3
for the period required under the FFCRA and during which there is a declared nationwide public4
health emergency as a result of the 2019 novel coronavirus. Accordingly, the Department of5
Health and Human Services, Division of Health Benefits, shall adhere to and implement all6
federal law and regulation necessary for receipt of this enhanced federal Medicaid funding,7
notwithstanding any State law to the contrary. Further, federal law and regulation applicable to8
the North Carolina Medicaid program or NC Health Choice program shall supersede and preempt9
any State law or rule to the contrary during the period in which there is a declared nationwide10
public health emergency as a result of the 2019 novel coronavirus.11
13
DISABLED ADULT CHILD PASSALONG ELIGIBILITY/MEDICAID14
SECTION IIIE.6.(a) Effective no later than June 1, 2020, the eligibility15
requirements for the Disabled Adult Child Passalong authorized under section 1634 of the Social16
Security Act for the Medicaid program shall consist of only the following four requirements:17
(1) The adult is currently entitled to and receives federal Retirement, Survivors,18
and Disability Insurance (RSDI) benefits as a disabled adult child on a parent's19
record due to the retirement, death, or disability of a parent.20
(2) The adult is blind or has a disability that began before age 22.21
(3) The adult would currently be eligible for Supplemental Security Income (SSI)22
or State-County Special Assistance if the current RSDI benefit is disregarded.23
(4) For eligibility that is based on former receipt of State-County Special24
Assistance and not SSI, the adult must currently reside in an adult care home.25
27
MODIFICATION OF FACILITY INSPECTIONS AND TRAINING TO ADDRESS28
INFECTION CONTROL MEASURES FOR COVID-1929
SECTION IIIE.7.(a) Notwithstanding any provision of Article 2 of Chapter 122C,30
Articles 1 and 3 of Chapter 131D, and Chapter 131E of the General Statutes, or any other31
provision of law to the contrary, the Department of Health and Human Services, Division of32
Health Service Regulation, and as applicable, local departments of social services, shall suspend33
all annual and biennial inspections and regular monitoring requirements for licensed facilities34
under Article 2 of Chapter 122C of the General Statutes, and Articles 1 and 3 of Chapter 131D35
of the General Statutes, and Articles 5, 6, and 10 of Chapter 131E of the General Statutes, and36
provisions within any rules adopted under these chapters that pertain to the Department or DHSR37
monitoring, inspection, or investigative requirements, except (i) as DHSR deems necessary to38
avoid serious injury, harm, impairment, or death to employees, residents, or patients of these39
facilities or (ii) as directed by the Centers for Medicare and Medicaid Services.40
SECTION IIIE.7.(b) DHSR shall review the compliance history of all facilities41
licensed under Article 2 of Chapter 122C of the General Statutes and Article 1 of Chapter 131D42
of the General Statutes that were determined to be in violation, assessed penalties, or placed on43
probation within the six-month period preceding the beginning of the COVID-19 emergency, for44
noncompliance with rules or statutes or Centers for Disease Control and Prevention guidelines45
regarding infection control or the proper use of personal protective equipment. DHSR shall46
require employees of these facilities to undergo immediate training designated by DHSR about47
infection control and the proper use of personal protective equipment. The training required by48
this section may be conducted online, by video conference, or in such manner as DHSR49
determines appropriate under the circumstances.50

SECTION IIIE.7.(c) This section is effective when it becomes law and expires 601
3
ALLOW TEMPORARY WAIVER OF 72-HOUR PRE-SERVICE TRAINING4
REQUIREMENT/CHILD WELFARE STAFF5
SECTION IIIE.8.(a) Notwithstanding G.S. 131D-10.6A(b)(1), the Department of6
Health and Human Services, Division of Social Services, is authorized to temporarily waive the7
72-hour requirement of preservice training before child welfare services staff assumes direct8
client contact responsibilities. The Division is authorized to identify and use web-based training9
as an acceptable equivalent in meeting preservice training requirements.10
SECTION IIIE.8.(b) This section is effective when it becomes law and expires 6011
13
SUBPART III-F. INCREASED ACCESS TO HEALTH CARE THROUGH14
TELEHEALTH TO RESPOND TO COVID-1915
16
EXPANDED USE OF TELEHEALTH TO CONDUCT FIRST AND SECOND17
INVOLUNTARY COMMITMENT EXAMINATIONS DURING THE COVID-1918
EMERGENCY19
SECTION IIIF.1.(a) The following words have the following meanings in this20
section:21
(1) Commitment examiner. – As defined in G.S. 122C-3.22
(2) Telehealth. – The use of two-way, real-time interactive audio and video where23
the respondent and commitment examiner can hear and see each other.24
(3) Qualified professional. – As defined in G.S. 122C-3.25
SECTION IIIF.1.(b) Notwithstanding any provision of Chapter 122C of the General26
Statutes or any other provision of law to the contrary, the first examination of a respondent27
required by G.S. 122C-263 to determine whether the respondent will be involuntarily committed28
due to mental illness or by G.S. 122C-283(a) to determine whether the respondent will be29
involuntarily committed due to substance use disorder may be conducted either in the physical30
face-to-face presence of the commitment examiner or utilizing telehealth equipment and31
procedures. A commitment examiner who examines a respondent by means of telehealth must32
be satisfied to a reasonable medical certainty that the determinations made in accordance with33
G.S. 122C-283(d) would not be different if the examination had been conducted in the physical34
presence of the commitment examiner. A commitment examiner who is not so satisfied must35
note that the examination was not satisfactorily accomplished, and the respondent must be taken36
for a face-to-face examination in the physical presence of a person authorized to perform37
examinations under G.S. 122C-283.38
SECTION IIIF.1.(c) Notwithstanding any provision of Chapter 122C of the General39
Statutes or any other provision of law to the contrary, the second examination of a respondent40
required by G.S. 122C-266(a) to determine whether the respondent will be involuntarily41
committed due to mental illness or required by G.S. 122C-285(a) to determine if the respondent42
will be involuntarily committed due to substance use disorder may be conducted either in the43
physical face-to-face presence of a physician or utilizing telehealth equipment and procedures,44
provided that the following conditions are met:45
(1) In the case of involuntary commitment due to mental illness, the physician46
who examines the respondent by means of telehealth must be satisfied to a47
reasonable medical certainty that the determinations made in accordance with48
subdivisions (a)(1) through (a)(3) of G.S. 122C-266 would not be different if49
the examination had been done in the physical presence of the examining50
physician. An examining physician who is not so satisfied must note that the51

examination was not satisfactorily accomplished, and the respondent must be1
taken for a face-to-face examination in the physical presence of a physician.2
(2) In the case of involuntary commitment due to substance use disorder, the3
physician who examines the respondent by means of telehealth must be4
satisfied to a reasonable medical certainty that the determinations made in5
accordance with G.S. 122C-285(a) would not be different if the examination6
had been done in the physical presence of the commitment examiner. An7
examining physician who is not so satisfied must note that the examination8
was not satisfactorily accomplished, and the respondent must be taken for a9
face-to-face examination in the physical presence of a qualified professional,10
as defined in G.S. 122C-3; provided that, if the initial commitment11
examination was performed by a qualified professional, then this face-to-face12
examination shall be in the presence of a physician.13
SECTION IIIF.1.(d) This section is effective when it becomes law and expires 6014
16
HEALTH BENEFIT PLAN COVERAGE OF TELEHEALTH17
SECTION IIIF.2.(a) Article 50 of Chapter 58 of the General Statutes is amended18
by adding a new section to read:19
"§ 58-50-310. Telehealth during the COVID-19 emergency.20
(a) For the purposes of this section, the following definitions shall apply:21
(1) Health benefit plan. – As defined in G.S. 58-3-167.22
(2) Telehealth. – The delivery of health care, including mental and behavioral23
health care, through real-time, two-way audio/visual delivery.24
(3) Virtual health care. – The delivery of health care, including mental and25
behavioral health care, through audio-only delivery or electronic-only26
delivery, both synchronous and asynchronous. This term shall include health27
care delivered over the telephone and electronic patient visits, including health28
care delivered through an electronic provider portal or electronic patient29
portal.30
(b) This section shall apply to the following time periods:31
(1) March 10, 2020, through the date Executive Order No. 116, Declaration of a32
State of Emergency to Coordinate Response and Protective Actions to Prevent33
the Spread of COVID-19, expires or is rescinded.34
(2) The period of any subsequent state of emergency declared in the 202035
calendar year by the Governor of North Carolina in response to COVID-1936
through 30 days after that subsequent state of emergency expires or is37
rescinded.38
(c) All of the following shall apply to all health benefit plans offered in this State:39
(1) Health benefit plans shall provide coverage and reimbursement for virtual40
health care, including mental and behavioral health care.41
(2) Health benefit plans shall provide reimbursement for provider-to-provider42
consultations that are conducted using virtual health care if the health benefit43
plan would provide reimbursement for the consult had it taken place44
in-person, face-to-face.45
(3) No health benefit plan may require prior authorization for telehealth services46
or virtual health care services.47
(4) No health benefit plan may put limits on the originating site or the distant site48
for telehealth services or virtual health care services.49
(5) Health benefit plans shall cover and reimburse physical therapy, occupational50
therapy, and speech therapy when delivered through telehealth.51

(6) A health benefit plan may require a deductible, a co-payment, or coinsurance1
for a covered health care service delivered by telehealth by a preferred or2
contracted provider to a covered individual. The amount of the deductible,3
co-payment, or coinsurance may not exceed the amount of the deductible,4
co-payment, or coinsurance required had the covered health care service been5
provided in-person, face-to-face.6
(7) A health benefit plan shall reimburse providers for a covered health care7
service delivered by telehealth at a level no less than the reimbursement for8
that service had it been provided in-person, face-to-face."9
SECTION IIIF.2.(b) Effective when this section becomes law, the provisions of10
G.S. 58-50-310, as enacted under subsection (a) of this section, shall apply to the State Health11
Plan for Teachers and State Employees.12
SECTION IIIF.2.(c) This section is effective when it becomes law and expires13
December 31, 2020.14
15
INCREASED ACCESS TO TELEHEALTH UNDER THE MEDICARE PROGRAM16
SECTION IIIF.3. The General Assembly urges the federal Centers for Medicaid17
and Medicare Services to provide reimbursement for health care delivered through audio-only18
communication, such as over the telephone, under the Medicare program in order to reduce19
barriers and increase access to health care for older adults.20
21
PART IV. APPROPRIATIONS22
23
SUBPART IV-A. GENERAL PROVISIONS24
25
DEFINITIONS26
SECTION IVA.1. Definitions. – The following definitions apply in this Part:27
(1) Coronavirus Relief Fund. – Funds received by the State of North Carolina28
during the 2019-2020 fiscal year from the Coronavirus Relief Fund created by29
the Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L.30
116-136.31
(2) CDC. – The federal Centers for Disease Control.32
(3) Coronavirus or COVID-19. – Has the same meaning as defined in section 50633
of the federal Coronavirus Preparedness and Response Supplemental34
Appropriations Act, 2020, Public Law No. 116-123.35
(4) COVID-19 diagnostic test. – A test the federal Food and Drug Administration36
has authorized for emergency use or approved to detect the presence of the37
severe acute respiratory syndrome coronavirus 2.38
(5) COVID-19 emergency. – The period beginning March 10, 2020, and ending39
on the date the Governor signs an executive order rescinding Executive Order40
No. 116 (2020), Declaration of a State of Emergency to Coordinate Response41
and Protective Actions to Prevent the Spread of COVID-19.42
(6) COVID-19 Recovery Legislation. – The following legislation enacted by43
Congress:44
a. The Coronavirus Aid, Relief, and Economic Security (CARES) Act,45
P.L. 116-136.46
b. The Families First Coronavirus Response Act, P.L. 116-127.47
c. The Coronavirus Preparedness and Response Supplemental48
Appropriations Act, 2020, P.L. 116-123.49
d. The Paycheck Protection Program and Health Care Enhancement Act,50
P.L. 116-139.51

(7) COVID-19 antibody test. – A serological blood test the federal Food and Drug1
Administration has authorized for emergency use or approved to measure the2
amount of antibodies or proteins present in the blood when the body is3
responding to an infection caused by the severe acute respiratory syndrome4
coronavirus 2.5
(8) State agency. – As defined by G.S. 143C-1-1(24), except that the term6
includes a unit of local government or a public authority.7
8
FINDINGS AND PURPOSE9
SECTION IVA.2. On March 19, 2020, the Speaker of the House of Representatives10
empaneled the House Select Committee on COVID-19 (Select Committee). The primary purpose11
of the Select Committee and each of its constituent working groups was to facilitate a bipartisan12
and immediately productive response to the COVID-19 outbreak in North Carolina. The four13
working groups were as follows: Economic Support, Health Care, Education, and Continuity of14
State Operations. Each working group held numerous public meetings online, received15
voluminous public comments, and heard testimony from various executive branch officials and16
others regarding the State of Emergency declared by the Governor on March 10, 2020, in17
Executive Order Number 116. The purpose of this Part is to carryout legislative proposals18
generated by the Select Committees and to appropriate federal funding under the COVID-1919
Recovery Legislation.20
21
REQUIREMENT TO MAXIMIZE USE OF FEDERAL FUNDS22
SECTION IVA.3. The appropriations and allocations made in this Part are for23
maximum amounts necessary to implement this Part. State agencies shall maximize the use of24
federal funds made available in this Part to address wherever possible within the allowable uses25
prior to using State funds.26
27
CONFLICT WITH FEDERAL LAW28
SECTION IVA.4. If an allocation made under this Part is found to be disallowed by29
federal law, the disallowed allocation is repealed, and the Office of State Budget and30
Management (OSBM) shall transfer the amount of the disallowed allocation to the Coronavirus31
Relief Reserve established in Section IVB.1 of this act. Amounts transferred into the Coronavirus32
Relief Reserve pursuant to this section are receipts that do not constitute an "appropriation made33
by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.34
35
GENERAL GUIDANCE ON USE OF FUNDS36
SECTION IVA.5. The OSBM shall work with the recipient State agencies to budget37
receipts awarded pursuant to COVID-19 Recovery Legislation according to the program needs38
and within the parameters of the respective granting entities and applicable federal laws and39
regulations. State agencies shall not use funds received pursuant to COVID-19 Recovery40
Legislation for recurring purposes. Depending on the nature of the award, additional State41
personnel may be employed on a temporary or time-limited basis.42
43
REQUIRED REPORT ON USE OF FUNDS44
SECTION IVA.6. In addition to any report required under this Part or any other law,45
OSBM shall provide a report to the Joint Legislative Commission on Governmental Operations46
and the Fiscal Research Division by March 1, 2021, detailing the use of funds allocated under47
Section IVC.3 of this act. Additionally, each State agency or department that receives federal48
grant funds under this Part shall provide a report to the Joint Legislative Commission on49
Governmental Operations and the Fiscal Research Division no later than 90 days from the day50
the grant period ends detailing the use of funds. The report required from OSBM under this51

section shall include the amount of funds allocated to each State agency, State department, and1
nonprofit organization, how the funds were used by each State agency, State department, and2
nonprofit organization, and the amount of funds allocated to each State agency, State department,3
and nonprofit organization that remained unspent as of December 30, 2020. The report required4
from each State agency or department that receives federal grant funds under this Part shall5
include the amount of funds granted, the source of the funds, how the funds were used, and the6
amount of funds that remained unspent at the end of the grant period.7
8
AUDIT REQUIREMENT9
SECTION IVA.7. The State Auditor shall conduct a preliminary financial audit and10
a final performance audit of the Coronavirus Relief Fund created by this Part no later than March11
1, 2021.12
13
DEPARTMENTAL RECEIPTS14
SECTION IVA.8. Departmental receipts, as defined in G.S. 143C-1-1, are15
appropriated for the 2019-2020 fiscal year and the 2020-2021 fiscal year up to the amounts16
needed to implement the provisions in this Part for the corresponding fiscal year.17
18
SUBPART IV-B. COVID-19 RELIEF RESERVES AND FUNDS ESTABLISHED19
20
CORONAVIRUS RELIEF RESERVE21
SECTION IVB.1. The State Controller shall establish a Coronavirus Relief Reserve22
(Reserve) in the General Fund to maintain federal funds received from the Coronavirus Relief23
Fund created under the CARES Act, P.L. 116-136, to mitigate the impact of the COVID-1924
outbreak in North Carolina. The State Controller shall transfer funds to the Coronavirus Relief25
Fund established in Section IVB.2 of this Part only as needed to meet the appropriations set out26
in this Part and only upon request of the Director of the Budget. Funds reserved in the Reserve27
do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article28
V of the North Carolina Constitution.29
30
CORONAVIRUS RELIEF FUND31
SECTION IVB.2. The Coronavirus Relief Fund (Fund) is established. The purpose32
of the Fund is to provide necessary and appropriate relief and assistance from the effects of33
COVID-19, consistent with the provisions of this Part and subsequent legislation addressing the34
effects of COVID-19. The Fund shall be maintained as a special fund and administered by OSBM35
to carry out the provisions of this and subsequent acts necessitated as a result of the COVID-1936
outbreak. All funds allocated from the Fund must be used for necessary expenditures incurred37
due to the public health emergency with respect to the COVID-19 outbreak. Only expenditures38
incurred during the period that begins on March 1, 2020, and ends on December 30, 2020, are39
eligible for funding from this Fund.40
41
SUBPART IV-C. TRANSFER, APPROPRIATIONS, AND ALLOCATIONS42
43
TRANSFER OF FUNDS FROM RELIEF RESERVE TO RELIEF FUND44
SECTION IVC.1. Transfer of Funds from Relief Reserve to Relief Fund. – The45
State Controller shall transfer the sum of one billion six hundred thirty-five million five hundred46
sixty-seven thousand twenty-nine dollars ($1,635,567,029) for the 2019-2020 fiscal year from47
the Reserve established in Section IVB.1 of this Part to the Fund established in Section IVB.2 of48
this act.49
50
APPROPRIATION OF FUNDS FROM RELIEF FUND TO OSBM51

SECTION IVC.2. Appropriation of Funds from Relief Fund to OSBM. – There is1
appropriated from the Fund to OSBM the sum of one billion six hundred thirty-five million five2
hundred sixty-seven thousand twenty-nine dollars ($1,635,567,029) in nonrecurring funds for the3
2019-2020 fiscal year to be allocated and used as provided in Section IVC.3 of this act. The funds4
appropriated in this section shall not revert at the end of the 2019-2020 fiscal year, but shall5
remain available to expend until December 30, 2020.6
7
ALLOCATION OF FUNDS APPROPRIATED TO OSBM8
SECTION IVC.3. Allocations of Funds. – OSBM shall allocate the funds9
appropriated in Section IVC.2 of this Part as follows:10
(1) $80,000,000 to the Department of Public Instruction for school nutrition11
services provided in response to COVID-19 by public school units12
participating in the National School Lunch Program or School Breakfast13
Program from March 16, 2020, through the end of the 2019-2020 school year.14
Funds for these services shall be allocated in the same manner as if the15
participating public school units were reimbursed by school meal receipts or16
federal funds.17
(2) $299,000 to the Department of Public Instruction to work with the Friday18
Institute for Educational Innovation at North Carolina State University, in19
response to COVID-19, to develop and test different approaches of (i)20
reducing long-term disparities in Internet connectivity among students and (ii)21
improving students' digital development.22
(3) $1,348,500 to the Department of Public Instruction to improve Internet23
connectivity for students, in response to COVID-19, by installing Internet24
access points in school buses.25
(4) $21,200,000 to the Department of Public Instruction to improve Internet26
connectivity for students, in response to COVID-19, by providing community27
and home mobile Internet access points.28
(5) $35,000,000 to the Department of Public Instruction to be allocated to local29
school administrative units, charter schools, regional schools, and other30
elementary or secondary schools operated by the State Board of Education to31
purchase computers or other electronic devices for use by students in response32
to COVID-19.33
school administrative units, charter schools, regional schools, and other35
elementary or secondary schools operated by the State Board of Education to36
purchase computers or other electronic devices for use by school personnel in37
response to COVID-19.38
(7) $4,900,000 to the Department of Public Instruction to purchase pre-packaged39
digital curricula for grades kindergarten through twelve in response to40
COVID-19.41
(8) $5,550,000 to the Department of Public Instruction, in response to COVID-19,42
to (i) establish a statewide shared cybersecurity infrastructure to protect school43
business systems and minimize instructional disruption and (ii) for district44
cybersecurity monitoring and support through the School Connectivity45
Initiative.46
(9) $35,000,000 to the Department of Public Instruction to be allocated in a47
manner consistent with the formula for the Instructional Support Allotment.48
These funds shall be used for school health support personnel to provide49
additional physical and mental health support services for students in response50
to COVID-19, including remote and in-person physical and mental health51

support services. For purposes of this subdivision, the term "school health1
support personnel" shall refer to school counselors, school nurses, school2
psychologists, and school social workers.3
school administrative units, charter schools, and the Innovative School5
District to provide a supplemental summer learning program for students6
whose learning has been negatively affected by the impacts of COVID-19, in7
accordance with the following:8
a. The summer learning program shall include the following:9
1. Reading interventions for students who were in kindergarten10
through grade three during the 2019-2020 school year who11
were not on track to meet 2019-2020 year-end expectations12
based on diagnostic assessments completed prior to March 16,13
2020.14
2. Reading interventions for students who were in grade four15
during the 2019-2020 school year who were not on track to16
meet 2019-2020 year-end expectations as identified by their17
2019-2020 school year reading teachers.18
3. Math interventions for students who were in kindergarten19
through grade four during the 2019-2020 school year who were20
not on track to meet 2019-2020 year-end expectations as21
identified by their 2019-2020 school year math teachers.22
b. Of the funds appropriated by this subdivision for summer reading23
programs, at least thirty-five million dollars ($35,000,000) shall be24
used to provide reading interventions for students who were in grades25
two and three during the 2019-2020 school year. Of these funds, any26
unexpended funds at the conclusion of the summer learning program27
shall be used prior to August 17, 2020, to provide supplemental28
literacy support for students in grades three and four during the29
2020-2021 school year who are not on track to meet 2020-202130
year-end expectations, as identified by their 2020-2021 school year31
reading teachers.32
c. Any unexpended funds for (i) reading interventions for students in33
kindergarten, grade one, or grade four during the 2019-2020 school34
year and (ii) math interventions for students in kindergarten through35
grade four during the 2019-2020 school year shall be used prior to36
August 17, 2020, to provide supplemental literacy or math support, as37
appropriate, to students in grades one through five during the38
2020-2021 school year who are not on track to meet 2020-202139
year-end expectations as identified by their respective 2020-202140
school year reading or math teachers.41
d. Funds provided for summer learning programs may be used to deliver42
interventions and instruction to participating students using methods43
such as digital resources, printed materials, literacy coaches, and44
face-to-face instruction.45
The governing body of a public school unit receiving funds under this46
subdivision shall consult with 2019-2020 school year teachers of kindergarten47
through fourth grade students to develop summer learning program plans that48
deliver targeted instruction to students participating in the summer learning49
program. Each public school unit's plan shall comply with the requirements of50
any executive order in effect at the time of the summer learning program,51

including requirements on the use of public school buildings, and shall comply1
with social distancing and other public health guidelines provided by the2
Department of Health and Human Services. No later than June 22, 2020, local3
school administrative units and the Innovative School District shall submit4
their summer learning program plans to the Department of Public Instruction.5
Summer learning programs shall not be included in scheduled instructional6
time for the 2020-2021 school year calendar, but shall provide a supplement7
to that instruction in order to better prepare students for academic success8
during the 2020-2021 school year, despite the impacts of COVID-19. Each9
public school unit receiving funds under this subdivision is encouraged to10
identify or prepare resources and strategies that parents or guardians can11
provide at home for students who qualify for a summer learning program and12
who (i) do not attend or (ii) attend and would like additional material. No later13
than February 15, 2021, the State Board of Education shall report to the Joint14
Legislative Education Oversight Committee on the implementation of this15
subdivision and the use of funds for summer learning programs. The State16
Board shall submit with its report a copy of each summer learning program17
plan submitted, and shall include any other data deemed by the State Board to18
be useful to the Joint Legislative Education Oversight Committee in19
evaluating the delivery of summer learning programs.20
(11) $1,488,000 to the Department of Public Instruction to assist and support public21
school units in providing remote instruction in response to the impacts of22
COVID-19 by expanding the learning management platform provided by the23
Department of Public Instruction to local school administrative units, charter24
schools, regional schools, the Innovative School District, and any other public25
school units, in the discretion of the Department.26
(12) $5,000,000 to the Department of Public Instruction to provide nondigital27
remote instruction resources to students with limited connectivity, in order to28
continue learning growth during the school closure period related to29
COVID-19.30
(13) $17,900,000 to the Department of Public Instruction to provide Extended31
School Year Services or future services, as appropriate, to exceptional32
children who qualify for these services due to the impacts of COVID-19.33
(14) $621,000 to the Department of Public Instruction for the Governor Morehead34
School for the Blind, Eastern North Carolina School for the Deaf, and North35
Carolina School for the Deaf for school nutrition, cleaning and sanitizing,36
digital and nondigital remote learning resources, compensatory services, and37
Extended School Year Services related to the impacts of COVID-19.38
(15) $6,000,000 to the Department of Public Instruction for the Extended Learning39
and Integrated Student Supports Competitive Grant Program (Program) for40
the 2019-2020 and 2020-2021 fiscal years. Of these funds, the Department of41
Public Instruction may use up to two hundred thousand dollars ($200,000) to42
administer the Program. The purpose of the Program is to fund high-quality,43
independently validated extended learning and integrated student support44
service programs for at-risk students whose learning has been negatively45
affected by COVID-19 impacts. The programs funded shall raise standards46
for student academic outcomes by focusing on the following:47
a. Use of an evidence-based model with a proven track record of success.48
b. Inclusion of rigorous, quantitative performance measures to confirm49
effectiveness of the program.50

c. Deployment of multiple tiered supports in schools to address student1
barriers to achievement, such as strategies to improve chronic2
absenteeism, antisocial behaviors, academic growth, and enhancement3
of parent and family engagement.4
d. Alignment with State performance measures, student academic goals,5
and the North Carolina Standard Course of Study.6
e. Prioritization in programs to integrate clear academic content, in7
particular, science, technology, engineering, and mathematics (STEM)8
learning opportunities or reading development and proficiency9
instruction.10
f. Minimization of student class size when providing instruction or11
instructional supports and interventions.12
g. Expansion of student access to high-quality learning activities and13
academic support that strengthen student engagement and leverage14
community-based resources, which may include organizations that15
provide mentoring services and private-sector employer involvement.16
h. Utilization of digital content to expand learning time, when17
appropriate.18
Grants shall be used to award funds for new or existing eligible programs for19
at-risk students operated by (i) nonprofit corporations and (ii) nonprofit20
corporations working in collaboration with local school administrative units.21
Grant participants are eligible to receive grants in an amount of up to five22
hundred thousand dollars ($500,000) each year. Programs should focus on23
serving (i) at-risk students not performing at grade level as demonstrated by24
statewide assessments or not on-track to meet year-end expectations as of25
March 16, 2020 as demonstrated by existing indicators including teacher26
identification, (ii) students at risk of dropout, and (iii) students at risk of school27
displacement due to suspension or expulsion as a result of antisocial28
behaviors. Priority consideration shall be given to applications demonstrating29
models that focus services and programs in schools that are identified as30
low-performing, pursuant to G.S. 115C-105.37. A grant participant shall31
provide certification to the Department of Public Instruction that the grants32
received under the program shall be matched on the basis of three dollars33
($3.00) in grant funds for every one dollar ($1.00) in nongrant funds.34
Matching funds shall not include State funds. The Department shall also give35
priority consideration to an applicant that is a nonprofit corporation working36
in partnership with a local school administrative unit resulting in a match37
utilizing federal funds under Part A of Title I of the Elementary and Secondary38
Education Act of 1965, as amended, or Title IV of the Higher Education Act39
of 1965, as amended, and other federal or local funds. Matching funds may40
include in-kind contributions for up to fifty percent (50%) of the required41
match. A nonprofit corporation may act as its own fiscal agent for the purposes42
of this Program. Grant recipients shall report to the Department of Public43
Instruction for the year in which grant funds were expended on the progress44
of the Program, including alignment with State academic standards, data45
collection for reporting student progress, the source and amount of matching46
funds, and other measures. Grant recipients shall also submit a final report on47
key performance data, including statewide test results, attendance rates,48
graduation rates, and promotion rates, and financial sustainability of the49
program. The Department of Public Instruction shall provide a report on the50
Program to the Joint Legislative Education Oversight Committee by February51

15, 2021. The report shall include the results of the Program and1
recommendations regarding effective program models, standards, and2
performance measures based on student performance, leveraging of3
community-based resources to expand student access to learning activities,4
academic and behavioral support services, and potential opportunities for the5
State to invest in proven models for future grants programs.6
(16) $25,000,000 to the Community Colleges System Office to be used by the7
System Office and to be allocated to community college campuses for the8
following purposes to effectively respond to COVID-19 impacts: (i) to9
enhance online learning capacity and cover increased costs associated with10
moving to online education for students, (ii) to cover necessary eligible11
expenses for resources and supports for faculty and staff, (iii) to provide Small12
Business Center counselors for small business needs, (iv) to cover expenses13
for expanded demands on information technology, including devices for14
campuses in rural areas, and (v) to provide facility sanitation and other15
necessary eligible expenses for services for ongoing campus operations.16
(17) $48,690,529 to the Board of Governors of The University of North Carolina17
to be allocated to constituent institutions for the following purposes to18
effectively respond to COVID-19 impacts: (i) to cover increased costs related19
to moving coursework and exams online, (ii) to implement a digital learning20
accelerator, (iii) to provide for facility sanitation prior to reopening campuses21
and during the operation of campuses and for other necessary eligible22
expenses for services for ongoing campus operations, and (iv) to cover23
necessary eligible expenses for assistance to students and employees,24
including counseling services and information technology support.25
(18) $30,000,000 to the Board of Governors of The University of North Carolina26
to be allocated to the State Education Assistance Authority (Authority) for the27
Authority to provide funds to each eligible private postsecondary institution,28
as defined in G.S. 116-280(3), by apportioning an amount equal to the29
following:30
a. Seventy-five percent (75%) of the institution's relative share of31
full-time equivalent students who were enrolled as of March 13, 2020,32
who received scholarships pursuant to Article 34 of Chapter 116 of the33
General Statutes for the spring semester of the 2019-2020 academic34
year.35
b. Twenty-five percent (25%) of the institution's relative share of36
full-time equivalent students who were enrolled as of March 13, 2020,37
who had not received scholarships pursuant to Article 34 of Chapter38
116 of the General Statutes for the spring semester of the 2019-202039
academic year.40
These funds shall be used to transition to online education for students, for41
necessary eligible institutional expenditures related to COVID-19, and to42
provide funds for students and families impacted by COVID-19. An eligible43
postsecondary institution receiving funds pursuant to this subdivision shall not44
use these funds for purposes other than for actions taken to respond to45
COVID-19 in accordance with the provisions of this Part and in compliance46
with federal law requirements.47
(19) $110,000,000 to OSBM to establish the COVID-19 Response Research Fund.48
OSBM shall allocate the monies from the fund as follows:49
a. $100,000,000 shall be allocated to the North Carolina Policy50
Collaboratory (Collaboratory) at the University of North Carolina at51

Chapel Hill to coordinate efforts among entities being provided funds1
pursuant to this subdivision. The Collaboratory shall facilitate best2
practices and strategies for those entities to maximize resources and3
achieve a comprehensive response to COVID-19. The Collaboratory4
may assemble an advisory panel of representatives from entities5
receiving funds pursuant to this subdivision as necessary to discuss,6
review, and analyze progress towards meeting the goals for the use of7
the funds. Funds shall be provided to the following entities to be used8
for (i) the rapid development of a countermeasure of neutralizing9
antibodies and other strategies for COVID-19 that can be used as soon10
as possible to both prevent infection, and for those infected, treat11
infection, (ii) bringing a safe and effective COVID-19 vaccine to the12
public as soon as possible, (iii) community testing initiatives, and (iv)13
other research related to COVID-19:14
1. $25,000,000 shall be allocated to the Duke University Human15
Vaccine Institute (DHVI) of the Duke University School of16
Medicine.17
2. $25,000,000 shall be allocated to the Gillings School of Global18
Public Health at the University of North Carolina at Chapel19
Hill.20
3. $25,000,000 shall be allocated to the Brody School of21
Medicine at East Carolina University.22
4. $25,000,000 shall be allocated to the Wake Forest School of23
Medicine.24
b. $10,000,000 shall be allocated to the Campbell University School of25
Osteopathic Medicine for a community and rural-focused primary care26
workforce response to COVID-19, including, but not limited to, (i)27
supporting community testing initiatives, (ii) providing treatment in28
community-based health care settings, (iii) monitoring rural29
populations, (iv) educating health professionals on best practices for a30
pandemic response, and (v) supporting rural communities through31
primary care.32
By September 1, 2020, the Collaboratory, DHVI, Gillings School of Global33
Public Health, Brody School of Medicine, and Wake Forest School of34
Medicine shall submit a report to the House Appropriations Subcommittee on35
Health and Human Services, the Senate Appropriations Committee on Health36
and Human Services, and the Joint Legislative Oversight Committee on37
Health and Human Services on all of the following:38
a. Progress on the development of a countermeasure, other strategies,39
and a vaccine for COVID-19.40
b. Findings from the community testing initiatives.41
c. Other research related to COVID-19.42
d. A breakdown of all expenditures from the appropriated funds received43
under this subdivision.44
e. The source and amount of all other funds received for the purposes45
described in this subdivision.46
By September 1, 2020, Campbell University School of Osteopathic Medicine47
shall report to the House Appropriations Subcommittee on Health and Human48
Services, the Senate Appropriations Committee on Health and Human49
Services, and the Joint Legislative Oversight Committee on Health and50
Human Services on all of the following:51

a. Findings from the supported community testing initiatives.1
b. A description of the education provided to health professionals.2
c. Best practices for treating rural populations and supporting3
community-based hospitals during a pandemic.4
d. A breakdown of all expenditures from the appropriated funds received5
under this subdivision.6
e. The source and amount of all other funds received for the purposes7
described in this subdivision.8
(20) $25,000,000 to the Department of Health and Human Services to support9
public health efforts, the State Laboratory of Public Health, local health10
departments, and rural health providers in building capacity to respond to the11
COVID-19 pandemic.12
(21) $25,000,000 to the Department of Health and Human Services to provide13
funds to support behavioral health and crisis services to respond to the14
COVID-19 pandemic. These funds shall be used for at least all of the15
following purposes:16
a. To divert individuals experiencing behavioral health emergencies17
from emergency departments.18
b. To allocate $12,600,000 to be distributed as a one-time payment to19
each local management entity/managed care organization20
(LME/MCO) for the purposes of providing temporary additional21
funding assistance for Intermediate Care Facilities for Individuals with22
Intellectual Disabilities (ICF/IID) services on a per diem basis.23
c. To allocate $400,000 in nonrecurring funds to the Department of24
Health and Human Services, Division of Mental Health,25
Developmental Disabilities, and Substance Abuse Services, for the26
purchase of units of opioid antagonist, as defined in G.S. 90-12.7 of27
the General Statutes, to be distributed free of charge, as provided in28
Section IVF.1 of this act, to opioid treatment programs operating in29
this State for the purpose of preventing the overburdening of the State's30
health care system, hospital emergency departments, and intensive31
care units with patients addicted to opioids or experiencing opioid32
overdose during the COVID-19 emergency, and to mitigate the loss of33
life associated with opioid overdose in this State during the COVID-1934
emergency.35
(22) $40,000,000 to the Department of Health and Human Services, Division of36
Health Benefits, for coverage of additional costs related to the Medicaid37
program, including any of the following costs:38
a. Funding for the support of COVID-19 related priorities in the39
Medicaid program as they evolve, including additional provider40
support for long-term care, primary care, and other providers most at41
risk of insolvency as a result of severely disrupted revenue during the42
COVID-19 pandemic.43
b. Additional funding for COVID-19 testing and the treatment of patients44
who test positive for COVID-19.45
c. Costs associated with increased enrollment due to the COVID-1946
pandemic.47
(23) $50,000,000 to OSBM for allocation to the Department of Health and Human48
Services and the Division of Emergency Management within the Department49
of Public Safety for the following purposes:50

a. To purchase personal protective equipment that meets CDC guidelines1
for infection control. As used in this section, personal protective2
equipment includes gloves, gowns and aprons, surgical and respiratory3
masks, goggles, face shields, and other protective clothing that meet4
CDC guidelines for infection control.5
b. To purchase other supplies and equipment related to emergency6
protective measures to address immediate threats to life, public health,7
and safety related to COVID-19, such as ventilators, touch-free8
thermometers, disinfectant, and sanitizing wipes.9
Any supplies and equipment purchased with funds allocated in this10
subdivision may be made available to both public and private health care11
providers and other entities the Department of Health and Human Services or12
the Division of Emergency Management deem essential to the State's response13
to COVID-19. The Department of Health and Human Services and the14
Division of Emergency Management shall ensure that funds appropriated in15
this subdivision are expended in a manner that does not adversely affect any16
person's or entity's eligibility for federal funds that are made available, or that17
are anticipated to be made available, as a result of the COVID-19 pandemic.18
The Department of Health and Human Services and the Division of19
Emergency Management shall also, to the extent practicable, avoid using State20
funds to cover costs that will be, or likely will be, covered by federal funds.21
(24) $25,000,000 to the Department of Health and Human Services to expand22
public and private initiatives for COVID-19 testing, contact tracing, and23
trends tracking and analysis through, but not limited to, all of the following24
ways:25
a. Building capacity for widespread COVID-19 diagnostic testing to26
enable rapid case-based interventions.27
b. Building capacity for widespread COVID-19 antibody testing to28
enable rapid deployment when such testing becomes available.29
c. Expanding contact tracing workforce and infrastructure to routinely30
identify potentially exposed persons and take appropriate public health31
actions.32
d. Increasing research and data tools and analysis infrastructure to33
support better predictive models, surveillance and response strategies.34
funding for (i) adult and child protective services response, (ii) support for36
homeless and domestic violence shelters and housing security, including37
prevention, diversion, and rapid re-housing assistance, (iii) child care38
response, and (iv) technology modifications to support COVID-19 emergency39
relief beneficiaries.40
a. From funds received pursuant to this subdivision, the sum of41
$6,000,000 is allocated equally among each of the six food banks in42
this State in support of responses to the COVID-19 emergency.43
b. From funds received pursuant to this subdivision, the sum of44
$2,500,000 is allocated to Reinvestment Partners, a nonprofit45
organization, for its Produce Prescription Program, which provides a46
monthly forty-dollar ($40.00) per household benefit for each eligible47
Food and Nutrition Services recipient enrolled by the recipient's health48
care provider, to serve individuals impacted by the COVID-1949
emergency. Individuals receiving assistance pursuant to this50
sub-subdivision are limited to three months of food assistance.51

c. Subparagraph b. of this subdivision is effective when it becomes law1
and expires three months from the date this section becomes effective.2
The remainder of this subdivision is effective when it becomes law.3
Social Services, to assist in serving children in foster care during the5
COVID-19 emergency. These funds shall be used for monthly supplemental6
payments in the amount of one hundred dollars ($100.00) for each child7
receiving foster care assistance payments for the months of April 20208
through June 2020.9
Social Services, for facilities licensed to accept State-County Special11
Assistance. These funds shall be used to provide a one-time payment to these12
facilities to offset the increased costs of serving residents during the13
COVID-19 emergency. Each eligible facility shall receive an amount equal to14
one thousand three hundred twenty-five dollars ($1,325) for each resident of15
the facility who is a recipient of State-County Special Assistance between16
March 10, 2020, through July 30, 2020. In the case of a recipient who transfers17
from one facility to another during this time period, only the first eligible18
facility of residence will receive the payment authorized under this section.19
Nothing in this section shall be construed as an obligation by the General20
Assembly to appropriate funds for the purpose of this section, or as an21
entitlement by any facility, resident of a facility, or other person to receive22
financial assistance under this section. The following definitions apply in this23
section:24
a. Facility licensed to accept State-County Special Assistance payments.25
– Any residential care facility that is (i) licensed by the Department of26
Health and Human Services and (ii) authorized to accept State-County27
Special Assistance payments from its residents.28
b. State-County Special Assistance. – The program authorized by29
G.S. 108A-40.30
funds to support rural and underserved communities especially hard hit by the32
COVID–19 pandemic, which may include directed grants to health care33
providers other than rural hospitals; targeted Medicaid assistance for rural34
providers; enhanced telehealth services; transportation for critical services;35
health care security for the uninsured; and other related purposes. These funds36
may be used to fund items not addressed by federal relief funds or as needed37
to address critical health care needs until federal funds are received for such38
purposes.39
(29) $75,000,000 to the OSBM to provide a directed grant to the North Carolina40
Healthcare Foundation (NCHF), a nonprofit corporation. NCHF shall use41
these funds to award grants to rural hospitals to offset expenses incurred for42
providing patient care in North Carolina to respond to the COVID-1943
pandemic. NCHF shall award grants to eligible rural hospitals within 30 days44
after receipt of an application and on the basis of need according to tier45
designation, county health ranking, and hospital-specific financial data.46
NCHF shall provide technical assistance to grant recipients for a period of five47
years following distribution of funds to (i) ensure that funds are utilized48
according to the intended purpose, (ii) assist recipient facilities in interpreting49
and implementing waivers and other federal guidance related to COVID-1950
response and recovery, and (iii) support recipient facilities in preparing for51

post-COVID-19 sustainability. Grant recipients shall not use these funds for1
any purpose other than to offset the following costs related to patient care2
provided in North Carolina as a result of the COVID-19 pandemic:3
a. Up to sixty percent (60%) of lost revenues from foregone elective4
procedures during the emergency period, net of federal funds received5
from the CARES Act.6
b. Supplies and equipment purchased in accordance with Centers for7
Disease Control guidelines.8
c. Rapidly ramping up infection control and triage training for health care9
professionals.10
d. Retrofitting separate areas to screen and treat patients with suspected11
COVID-19 infections, including isolation areas in or around hospital12
emergency departments.13
e. Increasing the number of patient care beds to provide surge capacity.14
f. Transporting patients with confirmed or suspected COVID-19 safely15
to or from rural facilities.16
g. Planning, training, and implementing expanded telehealth capabilities.17
h. Procuring staff or consultants to help mitigate the burden of extensive18
review of new and incoming federal and State regulatory guidelines.19
i. Salary support for furloughed employees.20
By November 1, 2020, grant recipients shall submit to NCHF a detailed21
written report on the use of the funds appropriated in this subdivision. By22
December 1, 2020, NCHF shall submit to OSBM, the Joint Legislative23
Oversight Committee on Health and Human Services, and the Fiscal Research24
Division a detailed written report on the use of funds appropriated in this25
subdivision, along with recommendations on how recipient facilities can26
prepare for post-COVID-19 sustainability.27
Central Management and Support, Office of Rural Health, to provide directed29
grants of equal amounts to the 67 member clinics of the North Carolina30
Association of Free and Charitable Clinics, to offset costs for providing health31
care and prescription medications during the COVID-19 emergency.32
(31) $1,500,000 to the Department of Health and Human Services to provide a33
directed grant to NC MedAssist, a nonprofit corporation, to offset increased34
costs for providing prescription assistance services during the COVID-1935
pandemic to individuals who are indigent or uninsured.36
(32) $25,000,000 to the OSBM to establish the COVID-19 Teaching Hospitals37
Relief Fund. OSBM shall allocate the monies in the fund as directed grants to38
hospitals located within the State that are classified as teaching hospitals by39
the Centers for Medicare and Medicaid Services, for the purpose of offsetting40
expenses incurred for providing patient care in North Carolina as a result of41
the COVID-19 pandemic. OSBM shall award grants to eligible teaching42
hospitals based on the amount of charitable care provided in North Carolina43
and the amount of lost revenue sustained within North Carolina as a result of44
the COVID-19 pandemic. Grant recipients shall not use these funds for any45
purpose other than the following to offset costs related to patient care provided46
in North Carolina to respond to the COVID-19 pandemic:47
procedures during the COVID-19 emergency, net of federal funds49
received from the CARES Act.50

professionals.4
to or from health care facilities.10
As a condition of receiving the funds allocated in this subdivision, each grant15
recipient shall submit a detailed written report to the House Appropriations16
Subcommittee on Health and Human Services, the Senate Appropriations17
Committee on Health and Human Services, and the Joint Legislative18
Oversight Committee on Health and Human Services by December 1, 2020,19
that contains (i) a breakdown of all expenditures from the appropriated funds20
received under this section by the categories listed in this subdivision and (ii)21
the total amount of funds received from the Provider Relief Fund provided for22
in P.L. 116-136 and any other federal legislation passed during calendar year23
2020 to support the national response to COVID-19.24
(33) $25,000,000 to the OSBM to establish the COVID-19 General Hospitals25
Relief Fund. OSBM shall allocate the monies in the fund as directed grants to26
hospitals located within the State that are not classified as rural hospitals or27
teaching hospitals by the Centers for Medicare and Medicaid Services, for the28
purpose of offsetting expenses incurred for providing care to patients in North29
Carolina as a result of the COVID-19 pandemic. OSBM shall award grants to30
eligible large hospitals based on the amount of charitable care provided in31
North Carolina and the amount of lost revenue sustained within North32
Carolina as a result of the COVID-19 pandemic. Grant recipients shall not use33
these funds for any purpose other than to offset the following costs related to34
patient care provided in North Carolina to respond to the COVID-1935
pandemic:36
procedures during the emergency period, net of federal funds received38
from the CARES Act.39
professionals.43
to or from health care facilities.49

As a condition of receiving the funds allocated in this subdivision, each grant4
recipient shall submit a detailed written report to the House Appropriations5
Subcommittee on Health and Human Services, the Senate Appropriations6
Committee on Health and Human Services, and the Joint Legislative7
Oversight Committee on Health and Human Services by December 1, 2020,8
that contains (i) a breakdown of all expenditures from the appropriated funds9
received under this section by the categories listed in this subdivision and (ii)10
the total amount of funds received from the Provider Relief Fund provided for11
in P.L. 116-136 and any other federal legislation passed during calendar year12
2020 to support the national response to COVID-19.13
(34) $300,000,000 to OSBM for the Department of Transportation. OSBM shall14
not transfer these allocated funds to the Department for use until the guidelines15
in "Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal16
Governments" dated April 22, 2020 are revised by the United States17
Department of the Treasury or a subsequent act of Congress authorizes the use18
of funds from the Coronavirus Relief Fund for the purpose of replacing lost19
revenue due to the COVID-19 emergency. 30 days prior to the transfer of20
funds pursuant to this subsection, OSBM shall submit a report to the Joint21
Legislative Commission on Governmental Operations. On or before April 1,22
2021, the Department shall submit a report on the status of utilizing these23
funds and a revenue update to the Joint Legislative Transportation Oversight24
Committee (JLTOC) and the Fiscal Research Division.25
(35) $350,000,000 to OSBM for allocation to counties ineligible to receive direct26
funding from the federal Coronavirus Relief Fund established by the27
Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116-136.28
The OSBM shall allocate these funds on a per capita basis using the US29
Census Bureau's Vintage 2019 county population totals, provided that no30
county eligible to receive an allocation under this section shall be allocated31
less than $500,000. A county may allocate a portion of these funds for use by32
municipalities within the county, but only if the transfer qualifies as a33
necessary expenditure incurred due to the public health emergency and meets34
the other criteria of section 601(d) of the Social Security Act. Such funds are35
subject to recoupment by the U.S. Treasury Inspector General if they have not36
been used in a manner consistent with section 601(d) of the Social Security37
Act. Further, the funds may only be used to support expenditures by counties38
and municipalities that are consistent with the most recently published U.S.39
Treasury Department guidance for the federal Coronavirus Relief Fund.40
Counties and municipalities are liable to the State for any misuse or41
mishandling of these funds, and subject to clawback and other appropriate42
measures, including the reduction or elimination of other State funds. Any43
local government officer, official, or employee who violates this section shall44
be subject to a civil action by the State and held personally liable to reimburse45
the State. Beginning October 1, 2020, and then quarterly thereafter, each46
county and municipality receiving funds under this section shall report to the47
OSBM on the use of allocated funds until all funds are expended and48
accounted for.49
(36) $30,000,000 to OSBM, for allocation to State agencies negatively impacted50
by the loss of anticipated receipts. OSBM shall not transfer the allocated51

funds to the State agencies for use until the guidelines in "Coronavirus Relief1
Fund Guidance for State, Territorial, Local, and Tribal Governments" dated2
April 22, 2020 are revised by the United States Department of the Treasury or3
a subsequent act of Congress authorizes the use of funds from the Coronavirus4
Relief Fund for the purpose of replacing lost revenue due to the COVID-195
emergency. Prior to the transfer of funds pursuant to this subsection, OSBM6
shall submit a report to the Joint Legislative Commission on Governmental7
Operations.8
(37) $80,000,000 to OSBM to be used for the continuity of operation needs across9
State government. Costs eligible under this subdivision may include, but are10
not limited to, covering overtime costs at mental health institutions, prisons,11
juvenile facilities, and veterans homes; purchasing critical information12
technology equipment and software licenses; enhancing telepresence services13
in public safety facilities and the court system; providing COVID-19 testing14
for employees of the Division of Prisons at the Department of Public Safety;15
and purchasing emergency sanitation and hygienic supplies. Provided that the16
United States Department of Labor does not approve additional funding for17
the Customer Call Center operated by the Division of Employment Security,18
funds may also be used to hire additional time-limited staff in the Customer19
Call Center to meet the unprecedented demand for services. In addition, these20
funds may be used for the following purposes:21
a. Up to ten million dollars ($10,000,000) of the funds allocated in this22
subdivision may be further allocated to the Department of Agriculture23
and Consumer Services to be used for animal depopulation and24
disposal activities to address possible future supply chain impacts25
from the closure of animal processing plants due to COVID-19.26
b. Up to two million dollars ($2,000,000) of the funds allocated in this27
subdivision may be used to establish a temporary North Carolina28
Pandemic Recovery Office in accordance with Section IVE.1 of this29
act.30
c. Up to five hundred thousand dollars ($500,000) of the funds allocated31
in this subdivision may be further allocated to the Office of the State32
Auditor to perform the requirements set forth in Section IVA.7 of this33
act.34
OSBM shall provide a report to the Joint Legislative Commission on35
Governmental Operations no later than August 15, 2020, detailing the36
allocation of funds under this subdivision. The report shall include which State37
agencies received allocations, the amounts disbursed, the amount spent in the38
2019-2020 fiscal year, and for what purposes the funds were used by fund39
code and line-item detail.40
41
SUBPART IV-D. MEDICAID COVID-19 AUTHORIZATION AND RESPONSE42
43
MEDICAID PROVIDER RATE INCREASES44
SECTION IVD.1. In addition to the five percent (5%) rate increases already45
requested by the Department of Health and Human Services (DHHS) in the 1135 Medicaid46
disaster State Plan amendment (SPA) submitted to the Centers for Medicare and Medicaid47
Services on April 8, 2020, for certain provider types, DHHS shall increase the fee-for-service48
Medicaid rates paid directly by the Division of Health Benefits for all remaining provider types49
by five percent (5%). The rate increases authorized under this section shall be effective March 1,50

2020, through the duration of the declared nationwide public health emergency as a result of the1
2019 novel coronavirus.2
3
PROVIDE MEDICAID COVERAGE FOR COVID-19 TESTING TO UNINSURED4
INDIVIDUALS IN NORTH CAROLINA DURING THE NATIONWIDE PUBLIC5
HEALTH EMERGENCY6
SECTION IVD.2. The Department of Health and Human Services, Division of7
Health Benefits (DHB), is authorized to provide the Medicaid coverage described in 42 U.S.C.A.8
§ 1396a(a)(10)(A)(ii)(XXIII), which covers COVID-19 testing for certain uninsured individuals9
during the period in which there is a declared nationwide public health emergency as a result of10
the 2019 novel coronavirus. DHB is authorized to provide this medical assistance retroactively11
to the earliest date allowable.12
13
TEMPORARY MEDICAID COVERAGE FOR THE PREVENTION, TESTING, AND14
TREATMENT OF COVID-1915
SECTION IVD.3.(a) The Department of Health and Human Services, Division of16
Health Benefits (DHB), is authorized to provide temporary, targeted Medicaid coverage to17
individuals with incomes up to two hundred percent (200%) of the federal poverty level, as18
requested by the Secretary of the Department of Health and Human Services in the 1115 waiver19
application submitted to the Centers for Medicare and Medicaid Services (CMS) on March 27,20
2020. If CMS grants approval for different coverage or a different population than requested in21
that 1115 waiver application, DHB may implement the approved temporary coverage, provided22
that all the following criteria are met:23
(1) The coverage is only provided for a limited time period related to the declared24
nationwide public health emergency as a result of the 2019 novel coronavirus.25
(2) The coverage is not provided for services other than services for the26
prevention, testing, or treatment of COVID-19.27
(3) The income level to qualify for the coverage does not exceed two hundred28
percent (200%) of the federal poverty level.29
SECTION IVD.3.(b) The Department of Health and Human Services, Division of30
Health Benefits, is authorized to provide this Medicaid coverage retroactively to the earliest date31
allowable.32
33
IMPLEMENT TEMPORARY PROVIDER ENROLLMENT CHANGES AUTHORIZED34
UNDER THE MEDICAID 1135 WAIVER35
SECTION IVD.4. In order for the Department of Health and Human Services,36
Division of Health Benefits, to implement the temporary provider enrollment changes under the37
1135 waiver approved by the Centers for Medicare and Medicaid Services for the North Carolina38
Medicaid program and NC Health Choice program, the following statutes shall not apply to the39
North Carolina Medicaid program and the NC Health Choice program from March 1, 2020,40
through the duration of the declared nationwide public health emergency as a result of the 201941
novel coronavirus:42
(1) G.S. 108C-2.1.43
(2) G.S. 108C-4(a).44
(3) G.S. 108C-9(a) with respect to any required trainings prior to enrollment.45
(4) G.S. 108C-9(c).46
47
SUBPART IV-E. ESTABLISHMENT OF TEMPORARY PANDEMIC RECOVERY48
OFFICE49
SECTION IVE.1. OSBM shall establish a temporary North Carolina Pandemic50
Recovery Office (Office) to oversee and coordinate funds made available under COVID-1951

Recovery Legislation. This Office shall also provide technical assistance and ensure coordination1
of federal funds received by State agencies and local governments and ensure proper reporting2
and accounting of all funds. The authorization set forth in this section expires 12 months from3
the effective date of this act and the Office shall cease to operate upon expiration of the4
authorization.5
6
PART IV-F. FUNDS FOR OVERDOSE MEDICATIONS7
SECTION IVF.1.(a) It is the intent of the General Assembly to prevent the8
overburdening of the State's health care system, hospital emergency departments, and intensive9
care units with patients addicted to opioids or experiencing opioid overdose during the10
COVID-19 emergency, and to mitigate the loss of life associated with opioid overdose in this11
State during the COVID-19 emergency. To that end, the Division of Mental Health,12
Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS) shall use the funds13
allocated in Section IVC.3(21)(c) of this Part to purchase units of opioid antagonist, as defined14
in G.S. 90-12.7 of the General Statutes. DMH/DD/SAS shall distribute these opioid antagonist15
units at no charge to opioid treatment programs operating in this State for the purposes specified16
in subsection (b) of this section. As used in this section, an opioid treatment program means a17
program or practitioner with a current and valid registration under 21 U.S.C. § 823(g)(1) that is18
engaged in dispensing opioid agonist medication for the treatment of individuals with opioid use19
disorders.20
SECTION IVF.1.(b) Each opioid treatment program operating in this State shall do21
all of the following within two weeks after receipt of the opioid antagonist distributed by22
DMH/DD/SAS pursuant to subsection (a) of this section:23
(1) Provide a prescription for opioid antagonist for each program participant who24
meets at least one of the following criteria:25
a. Is a Medicaid recipient.26
b. Has prescription drug coverage for opioid antagonist.27
(2) To the extent that units are available from those distributed by DMH/DD/SAS28
pursuant to subsection (a) of this section, provide at least one unit of opioid29
antagonist to each program participant who meets at least one of the following30
criteria:31
a. Is uninsured.32
b. Lacks prescription drug coverage for opioid antagonist.33
c. Is receiving opioid use disorder services funded by a grant, a local34
management entity/managed care organization (LME/MCO), or35
another source of funding not associated with the federal Centers for36
Medicare and Medicaid Services or a commercial payor.37
(3) To the extent that units are available from those distributed by DMH/DD/SAS38
pursuant to subsection (a) of this section, or otherwise available to program39
participants through the State's Medicaid program or other prescription drug40
coverage for opioid antagonist, provide each program participant who has41
take-home medication privileges with the opportunity to obtain prescription42
refills for opioid antagonist.43
SECTION IVF.1.(c) Nothing in this section shall be construed as an obligation by44
the General Assembly to appropriate funds for the purpose of this section, or as an entitlement to45
any opioid treatment program or any opioid treatment program participant to receive opioid46
antagonist under this section.47
48
SUBPART IV-G. ADDITIONAL ALLOCATIONS AND APPROPRIATIONS49
50
APPROPRIATION OF COVID-19 FEDERAL GRANT FUNDS AND RECEIPTS51

SECTION IVG.1.(a) Except for funds subject to subsection (c) of this section or1
Section IVB.1 of this act, funds received from federal grants authorized under the COVID-192
Recovery Legislation are appropriated in the amounts provided in the notification of award from3
the federal government or any entity acting on behalf of the federal government to administer the4
federal funds. State agencies may, with approval of the Director of the Budget, spend funds5
received from federal receipts and federal grants resulting from enactment of the COVID-196
Recovery Legislation that are not otherwise subject to Section IVB.1 of this act. Section 2.2(c)7
of S.L. 2019-192 shall not apply to grant funds received under the COVID-19 Recovery8
Legislation.9
SECTION IVG.1.(b) The programs and grant amounts in the schedule set forth in10
this subsection are estimates of North Carolina's allocations from the COVID-19 Recovery11
Legislation to be deposited in the State's Treasury and administered by State agencies. This12
schedule is meant to be illustrative of federal grants that have, or will be, received by the State13
in addition to the approximately three billion five hundred million dollars ($3,500,000,000) from14
the Coronavirus Relief Fund created under the CARES Act, P.L. 116-136. These amounts are15
not inclusive of federal funds distributed or paid directly to individuals, businesses, health care16
providers, or private postsecondary institutions:17
Program Amount18
Governor's Emergency Education Relief Fund $95,600,00019
Elementary and Secondary School Emergency Relief Fund $396,300,00020
Higher Education Emergency Relief Fund $179,700,00021
Child Care and Development Block Grant $118,100,00022
Community Services Block Grant $25,900,00023
Low Income Home Energy Assistance Program $49,900,00024
Child Welfare Services $1,600,00025
Supportive Services $6,200,00026
Congregate and Home-Delivered Meals $7,400,00027
Congregate and Home-Delivered Meals $14,800,00028
Family Caregivers $3,100,00029
Protection of Vulnerable Older Americans $600,00030
Centers for Independent Living $2,200,00031
Ryan White HIV/AIDS $1,100,00032
CDC Grant $13,800,00033
Minimum CDC Grant $15,400,00034
Homeless Assistance/ ESG – State $18,400,00035
Housing Opportunities for Persons with AIDS $1,200,00036
Supplemental Nutrition Program for Women, Infants, and Children $13,900,00037
Community Health Center $78,00038
Small Rural Hospital Improvement Program $2,500,00039
Hospital Preparedness Program $770,00040
Emergency Grant to Address SA $2,000,00041
Unemployment Insurance Base – Administration $22,500,00042
Unemployment Insurance Supplemental – Administration $22,500,00043
Dislocated Worker Grants $6,000,00044
Emergency Food Assistance Program (TEFAP) Commodities $19,700,00045
TEFAP Administration $8,200,00046
Manufacturing Extension $1,500,00047
CDBG – State $28,500,00048
National Endowment for the Arts $507,00049
Institute for Museum and Library Sciences $948,00050
Justice Assistance Grants – State $15,400,00051

Emergency Performance Management Grant $2,600,0001
Family Violence Prevention $777,0002
Urbanized Area Formula Program $38,473,0003
Formula Grants for Rural Area Program $94,941,0004
Airports Grants $2,765,0005
Total Estimated Funding $1,235,859,0006
7
LIMITATION ON STATE BOARD OF ELECTIONS BUDGETING8
SECTION IVG.1.(c) It is the intent of the General Assembly to address the State's9
additional elections needs resulting from the COVID-19 pandemic in separate legislation.10
Therefore, and notwithstanding any law to the contrary, no funds appropriated in this Part and11
no funds appropriated in the budget of the State Board of Elections for the 2019-2020 fiscal year12
shall be expended to meet the matching requirements for additional federal funds awarded to the13
State after enactment of S.L. 2019-239.14
15
PART V. CONTINUITY OF STATE GOVERNMENT16
17
EMERGENCY VIDEO NOTARIZATION18
SECTION 5.2.(a) G.S. 10B-3 is amended by adding a new subdivision to read:19
"(7a) Emergency video notarization. – An acknowledgement, affirmation, or oath20
notarization completed by a notary in compliance with the requirements of21
G.S. 10B-25. Emergency video notarization shall not include a verification or22
proof."23
SECTION 5.2.(b) G.S. 10B-10 reads as rewritten:24
"§ 10B-10. Commission; oath of office.office; emergency extension.25
…26
(b) The Except as provided in subsection (b1) of this section, the appointee shall appear27
before the register of deeds no later than 45 days after commissioning and shall be duly qualified28
by taking the general oath of office prescribed in G.S. 11-11 and the oath prescribed for officers29
in G.S. 11-7.30
(b1) Notwithstanding subsection (b) of this section, if the Secretary grants a commission31
after March 9, 2020, and before August 1, 2020, the appointee shall have 90 days to appear before32
the register of deeds to take the general oath of office. A register of deeds may administer the33
required oath to such appointee using video conference technology, provided the appointee is34
personally known to the register of deeds or the appointee provides satisfactory evidence of the35
appointee's identity to the register of deeds. As used in this subsection, video conference36
technology and satisfactory evidence are as defined in G.S. 10B-25.37
…38
(e) If the appointee does not appear before the register of deeds within 45 days of39
commissioning, the time prescribed in this section, the register of deeds must return the40
commission to the Secretary, and the appointee must reapply for commissioning. If the appointee41
reapplies within one year of the granting of the commission, the Secretary may waive the42
educational requirements of this Chapter."43
SECTION 5.2.(c) Part 3 of Article 1 of Chapter 10B of the General Statutes is44
amended by adding a new section to read:45
"§ 10B-25. Emergency video notarization.46
(a) Notwithstanding any other provision of law, a notary may perform an emergency47
video notarization using video conference technology, provided all of the requirements of this48
section are satisfied. A notary who is not satisfied that the principal's identity has been proven by49
satisfactory evidence shall not be required to complete an emergency video notarization. An50
emergency video notarization shall not change any originality verification requirements for51

recording with a register of deeds, clerk of superior court, or other government or private office1
in this State. Nothing in this section shall apply to any notarization under Article 20 of Chapter2
163 of the General Statutes.3
(b) As used in this section, video conference technology is electronic communication4
that:5
(1) Occurs in real time.6
(1a) Allows direct interaction between the principal seeking the notary's services7
and the notary so that each can communicate simultaneously by sight and8
sound through an electronic device or process.9
(2) Includes audio with sound clear enough that each participant in the notarial10
act can hear and understand all other participants.11
(3) Has sufficient quality to allow a clear and unobstructed visual observation of12
the face of each participant, and any identification provided by the principal13
for a sufficient time to allow the notary to determine if it is satisfactory14
evidence. The notary shall determine if the time is sufficient.15
(4) Is not prerecorded video or audio or both.16
(5) May be capable of recording by means of one of the following:17
a. The video conference technology's recording and storage services.18
b. An independent video recording device.19
c. Electronically saved screenshots clearly showing each participant's20
face, identification presented by the principal, and the notarized21
document.22
(c) The requirement of personal appearance, appear in person before a notary, physical23
presence, and presence, as those terms are used in this Chapter, are satisfied for the purpose of24
an emergency video notarization if the notary is physically present in North Carolina, the25
principal verifies to the notary that he or she is physically present in North Carolina at the time26
of the notarization, identifies the county where he or she is located at the time of the notarial act,27
and the principal and notary use video conference technology that complies with the requirements28
of this section.29
(d) A notary who has personal knowledge of a principal may rely on the video conference30
technology to verify the principal's identity unless the notary, in the notary's sole discretion,31
requires satisfactory evidence. A notary who does not have personal knowledge of a principal32
shall require satisfactory evidence of the principal's identity. The requirement of satisfactory33
evidence, as that term is used in this Chapter, is satisfied for the purpose of an emergency video34
notarization if identification of the principal is based on at least one document that meets all of35
the following:36
(1) Is current, or if expired, did not expire prior to March 10, 2020.37
(2) Is issued by a federal, State, or federal or State-recognized tribal government38
agency.39
(3) Bears a photographic image of the principal's face.40
(4) Has both the principal's signature and a physical description of the principal.41
(e) The notary shall use video conference technology to observe each principal sign each42
document that is to be notarized. The principal shall verbally state what documents are being43
signed for the notarial record. After the document is signed by the principal, the principal or the44
principal's designee shall do the following:45
(1) If an original wet-signed notarization on an original wet-signed document is46
not required, transmit a legible copy of the signed document to the notary by47
fax or other electronic means on the same day it was signed. The notary shall48
notarize the document on the same day the notary receives the document and49
the notary shall transmit the notarized document back to the principal or the50

principal's designee by physical delivery, fax, or other electronic means on the1
same day the notary signed the document.2
(2) If an original wet-signed notarization on an original wet-signed document is3
required, transmit a legible copy of the signed document by fax or other4
electronic means to the notary on the same day on which the document was5
signed and also deliver the original signed document to the notary by mail or6
other physical method. The notary shall compare the original document with7
the document transmitted by fax or other electronic means. If the faxed or8
electronic document is the same as the document received by mail or physical9
delivery, the notary shall notarize the wet signature on the original document10
and date the notarial act as of the date of the act observed using video11
conference technology and promptly transmit the original wet-notarized12
original document to the principal or the principal's designee by mail or other13
physical delivery as directed by the principal.14
(f) If the notarial act is an oath or affirmation, the notary shall administer the oath or15
affirmation to the affiant using video conference technology.16
(g) An acknowledgement or jurat certificate for an emergency video notarization shall17
include all of the following:18
(1) The North Carolina county in which the notary public was located during the19
emergency video notarization.20
(2) The North Carolina county in which the principal stated he or she was21
physically located during the emergency video notarization.22
(3) The following statement:23
I signed this notarial certificate on _________ (Date) according to the emergency video24
notarization requirements contained in G.S. 10B-25.25
(h) If an acknowledgement or jurat certificate provided to a notary does not include the26
statement required by subsection (g) of this section, the notary shall insert the statement. By27
making or giving a notarial certificate using emergency video notarization, whether or not stated28
in the certificate, a notary certifies compliance with all the requirements of this section.29
(i) A notary who performs an emergency video notarization shall record information30
about the notarization in a notary journal that is the exclusive property of the notary. The journal31
shall be retained by the notary for at least 10 years and may be maintained in electronic form.32
The notary shall keep the journal in a secure location and shall not allow another person to make33
entries in the journal. A notary may surrender the journal to the notary's employer upon34
termination of employment, but the notary shall also keep and maintain an accurate copy of the35
journal.36
(j) At a minimum, for each emergency video notarization, the notary shall include the37
following information in the journal:38
(1) The time of day when the notary observed the signing of the document by39
each principal and was presented with the principal's acceptable form of40
identification.41
(2) The date of the completion of the emergency video notarization notarial42
certificate.43
(3) The last and first name of each principal.44
(4) The type of notarial act performed.45
(5) The type of document notarized or proceeding performed.46
(6) The type of acceptable form of identification presented, including, if47
applicable, the issuing agency and identification number on the identification48
presented.49
(7) The type of video conference technology used during the emergency video50
notarization.51

(8) A statement that the notary and each principal could see and hear each other.1
(9) Whether any other person was present with the principal at the time of2
signature and if so, the name of that person.3
(k) A third party involved in a transaction that utilizes an emergency video notarization4
may require additional information to be included in the journal kept by the notary under5
subsection (j) of this section such as inclusion of a recording in the notary's journal or the method6
used by the notary to determine that a wet-signed original document is the same as the faxed or7
electronically submitted document.8
(l) As a public official, a notary shall maintain the confidentiality of a principal's9
documents at all times.10
(m) The Secretary may issue interpretive guidance or issue emergency or temporary rules11
as necessary to ensure the integrity of the emergency video notarization measures provided for12
in this section.13
(n) This section shall expire at 12:01 A.M. on August 1, 2020; provided, however, all14
notarial acts made in accordance with this section and while this section is in effect shall remain15
effective and shall not need to be reaffirmed."16
SECTION 5.2.(d) This section is effective when it becomes law.17
18
EMERGENCY VIDEO WITNESSING19
SECTION 5.3.(a) Chapter 10B of the General Statutes is amended by adding a new20
Article to read:21
"Article 3.22
"Video Witnessing During State of Emergency.23
"§ 10B-200. Applicability.24
(a) This Article applies to the witnessing and signature of all records, as defined in25
G.S. 10B-3(19), signed on or after the effective date of this act.26
(b) This Article expires August 1, 2020.27
(c) No action described in this Article constitutes a notarial act, as defined in28
G.S. 10B-3(11), and no action described in this Article is governed by Articles 1 or 2 of this29
Chapter.30
"§ 10B-201. Emergency video witnessing.31
(a) Notwithstanding any general or special law to the contrary, any person who witnesses32
the signature of a record through video conference technology shall be considered an "in-person"33
witness and the record shall be considered to have been signed by the principal signer "in the34
presence of" such witness, if the video conference technology allows for direct, real-time audio35
and video interaction between each principal signer and the witness.36
(b) Notwithstanding any general or special law to the contrary, an attesting witness to a37
record shall be considered to have signed such record in the presence of the principal signer, if38
all of the following are satisfied:39
(1) The signature of the principal signer is witnessed by the attesting witness in40
accordance with the requirements of subsection (a) of this section.41
(2) The attesting witness immediately thereafter signs such record while the video42
conference technology still allows for direct, real-time audio and video43
interaction between the principal signer and the attesting witness.44
(c) Any record witnessed pursuant to this section shall contain all of the following:45
(1) A conspicuous statement indicating that the record was witnessed by one or46
more witnesses physically located in the State of North Carolina pursuant to47
this Article.48
(2) The county in which each remote witness was physically located when49
witnessing execution of the record.50

(3) The county in which each principal signer was physically located during the1
witnessed execution of the record.2
(d) Notwithstanding any general or special law to the contrary, absent an express3
prohibition in a legal document against signing in counterparts, any record witnessed pursuant to4
this Article may be signed in counterpart, which counterparts, when combined, shall create a5
single original record."6
SECTION 5.3.(b) This section is effective when it becomes law.7
8
MASKS AND HOODS FOR THE PROTECTION OF HEALTH9
SECTION 5.4.(a) G.S. 14-12.11 reads as rewritten:10
"§ 14-12.11. Exemptions from provisions of Article.11
(a) The Any of the following are exempted from the provisions of G.S. 14-12.7, 14-12.8,12
14-12.9, 14-12.10 and 14-12.14:13
(1) Any person or persons wearing traditional holiday costumes in season;season.14
(2) Any person or persons engaged in trades and employment where a mask is15
worn for the purpose of ensuring the physical safety of the wearer, or because16
of the nature of the occupation, trade or profession;profession.17
(3) Any person or persons using masks in theatrical productions including use in18
Mardi Gras celebrations and masquerade balls;balls.19
(4) Persons wearing gas masks prescribed in civil defense drills and exercises or20
emergencies; andemergencies.21
(5) Any person or persons, as members or members elect of a society, order or22
organization, engaged in any parade, ritual, initiation, ceremony, celebration23
or requirement of such society, order or organization, and wearing or using24
any manner of costume, paraphernalia, disguise, facial makeup, hood,25
implement or device, whether the identity of such person or persons is26
concealed or not, on any public or private street, road, way or property, or in27
any public or private building, provided permission shall have been first28
obtained therefor by a representative of such society, order or organization29
from the governing body of the municipality in which the same takes place,30
or, if not in a municipality, from the board of county commissioners of the31
county in which the same takes place.32
(6) Any person wearing a mask for the purpose of ensuring the physical health or33
safety of the wearer or others.34
Provided, that the provisions of this Article shall not apply to any preliminary meetings held35
in good faith for the purpose of organizing, promoting or forming a labor union or a local36
organization or subdivision of any labor union nor shall the provisions of this Article apply to37
any meetings held by a labor union or organization already organized, operating and functioning38
and holding meetings for the purpose of transacting and carrying out functions, pursuits and39
affairs expressly pertaining to such labor union.40
(b) Notwithstanding G.S. 14-12.7 and G.S. 14-12.8, a person may wear a mask for the41
purpose of protecting the person's head, face, or head and face, when operating a motorcycle, as42
defined in G.S. 20-4.01. A person wearing a mask when operating a motorcycle shall remove the43
mask during a traffic stop, including at a checkpoint or roadblock under G.S. 20-16.3A, or when44
approached by a law enforcement officer.45
(c) A person wearing a mask for the purpose of ensuring the physical health or safety of46
the wearer or others shall remove the mask upon the request of a law enforcement officer."47
49
CLARIFY ELECTRONIC SIGNATURES FOR SEARCH WARRANTS AND CERTAIN50
COURT ORDERS51

SECTION 5.4.5.(a) Notwithstanding any other provision of law, any signature1
required for the issuance of a search warrant pursuant to Article 11 of Chapter 15A of the General2
Statutes, or on any judicial order issued following a court hearing conducted by remote audio or3
visual transmission in a civil or criminal case, may be signed by use of an electronic signature.4
SECTION 5.4.5.(b) This section is effective when it becomes law and shall expire5
on August 1, 2020.6
7
AUTHORIZE THE CHAIRMAN OF THE ABC COMMISSION TO ALLOW CERTAIN8
SALES DURING THE CORONAVIRUS EMERGENCY9
SECTION 5.4.7.(a) Notwithstanding G.S. 18B-1001(10), G.S. 18B-1001.4, and any10
other provision of law to the contrary, the Chairman of the ABC Commission may allow11
permittees with a permit issued under G.S. 18B-1001(10) to engage in retail sales for12
consumption off the premises, including delivery by the permittee or the permittee's employee or13
independent contractor. The Chairman may also allow permittees with a permit issued under14
G.S. 18B-1001.4, or the permittee's employee or independent contractor, to deliver products15
prepared by a permittee with a permit issued under G.S. 18B-1001(10). The Chairman may16
prescribe the terms and conditions under which sales and deliveries shall be allowed under this17
section, but shall at least require that products sold or delivered under this section shall be:18
(1) Packaged in a container with a secure lid or cap and in a manner designed to19
prevent consumption without removal of the lid or cap.20
(2) Sold only with food.21
(3) Limited to two servings per meal or food item ordered.22
SECTION 5.4.7.(b) This section is effective when it becomes law and expires on23
the date that Executive Order No. 116, Declaration of a State of Emergency to Coordinate24
Response and Protective Actions to Prevent the Spread of COVID-19, expires or is rescinded.25
26
EXTEND TIME PERIOD TO CLAIM LOTTERY PRIZES27
SECTION 5.4.8.(a) Notwithstanding G.S. 18C-132, a lottery prize winner may28
submit a delayed claim for a lottery prize that is expiring or awarded between March 10, 2020,29
and August 1, 2020. The claim shall be submitted to the Lottery Commission in writing no later30
than 90 days after the date the online game prize was announced or the instant game has closed.31
SECTION 5.4.8.(b) This section is effective when it becomes law.32
33
EXTEND VALIDITY OF CREDENTIALS ISSUED BY THE DIVISION OF MOTOR34
VEHICLES35
SECTION 5.5.(a) Definition. – For purposes of this section, "coronavirus36
emergency" means the period from March 10, 2020, through August 1, 2020.37
SECTION 5.5.(b) Extend Validity of Credentials. – Notwithstanding any provision38
of law to the contrary, the Commissioner of Motor Vehicles is authorized to extend for a period39
of up to six months the validity of any license, permit, registration, or other credential issued by40
the Division of Motor Vehicles under Chapter 20 of the General Statutes that expires during the41
coronavirus emergency. Any credential extended under this subsection shall expire on the date42
designated by the Division of Motor Vehicles up to six months from the date it otherwise expired43
as prescribed by law prior to this section. However, the subsequent expiration of a credential44
extended under this section shall occur on the date prescribed by law prior to this section without45
regard to the extension.46
SECTION 5.5.(c) Waive Penalties. – The Division of Motor Vehicles shall waive47
any fines, fees, or penalties associated with failing to renew a license, permit, registration, or48
other credential during the period of time the credential is valid by extension under subsection49
(b) of this section.50

SECTION 5.5.(d) Motor Vehicle Taxes. – Notwithstanding any provision of law to1
the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article2
22A of Chapter 105 of the General Statutes shall be extended to correspond with extended3
expiration dates designated by the Division of Motor Vehicles under subsection (b) of this4
section.5
SECTION 5.5.(e) Financial Responsibility. – Nothing in this section waives a6
vehicle owner's duty to maintain continuous financial responsibility as required by Article 9A7
and Article 13 of Chapter 20 of the General Statutes.8
SECTION 5.5.(f) Validity by Extension a Defense. – A person may not be convicted9
or found responsible for any offense resulting from failure to renew a license, permit, registration,10
or other credential issued by the Division of Motor Vehicles if, when tried for that offense, the11
person shows that the offense occurred during the period of time the credential is valid by12
extension under subsection (b) of this section.13
SECTION 5.5.(g) Report. – Within 30 days of any extension made under subsection14
(b) of this section, the Division of Motor Vehicles shall submit a report to the Joint Legislative15
Transportation Oversight Committee and the Fiscal Research Division detailing the credentials16
affected and the duration of the extension.17
SECTION 5.5.(h) Effective Date. – This section is effective retroactively to March18
10, 2020, and applies to expirations occurring on or after that date.19
20
REMOTE RENEWAL OF SPECIAL IDENTIFICATION CARDS21
SECTION 5.6.(a) G.S. 20-7(f)(6) reads as rewritten:22
"(6) Remote renewal or conversion. – Subject to the following requirements and23
limitations, the Division may offer remote renewal of a drivers license or24
identification card or remote conversion of a full provisional license issued by25
the Division:26
a. Requirements. – To be eligible for remote renewal or conversion under27
this subdivision, a person must meet all of the following requirements:28
1. The license holder possesses either (i) a valid Class C drivers29
license or (ii) a valid full provisional license and is at least 1830
years old at the time of the remote conversion.31
2. The license holder's current license includes no restrictions32
other than a restriction for corrective lenses.33
3. The license or identification card holder attests, in a manner34
designated by the Division, that (i) the license or identification35
card holder is a resident of the State and currently resides at the36
address on the license or identification card to be renewed or37
converted, (ii) the license or identification card holder's name38
as it appears on the license or identification card to be renewed39
or converted has not changed, and (iii) all other information40
required by the Division for an in-person renewal under this41
Article has been provided completely and truthfully. If the42
license or identification card holder does not currently reside43
at the address on the license or identification card to be44
renewed or converted, the license or identification card holder45
may comply with the address requirement of this46
sub-sub-subdivision by providing the address at which the47
license or identification card holder resides at the time of the48
remote renewal or conversion request.49

4. For a remote renewal, the most recent renewal was an1
in-person renewal and not a remote renewal under this2
subdivision.3
5. The license or identification card holder is otherwise eligible4
for renewal or conversion under this subsection.5
b. Waiver of requirements. – When renewing a drivers license or6
identification card or converting a drivers license pursuant to this7
subdivision, the Division may waive the any examination and8
photograph that would otherwise be required for the renewal or9
conversion.10
c. Duration of remote renewal or conversion. – A drivers license or11
identification card issued to a person by remote renewal or conversion12
under this subdivision expires according to the following schedule:13
1. For a person at least 18 years old but less than 66 years old, on14
the birthday of the licensee or identification card holder in the15
eighth year after issuance.16
2. For a person at least 66 years old, on the birthday of the17
licensee or identification card holder in the fifth year after18
issuance.19
d. Rules. – The Division shall adopt rules to implement this subdivision.20
e. Federal law. – Nothing in this subdivision shall be construed to21
supersede any more restrictive provisions for renewal or conversion of22
drivers licenses prescribed by federal law or regulation.23
f. Definition. – For purposes of this subdivision, "remote renewal or24
conversion" means renewal of a drivers license or identification card25
or conversion of a full provisional license by mail, telephone,26
electronic device, or other secure means approved by the27
Commissioner."28
30
DELAY DMV HEADQUARTERS MOVE31
SECTION 5.7.(a) Section 34.24(a) of S.L. 2018-5 reads as rewritten:32
"SECTION 34.24.(a) All Division of Motor Vehicles employees and contractors working33
at the Division of Motor Vehicles building located on New Bern Avenue in the City of Raleigh34
shall vacate begin vacating the property by October 1, 2020."35
37
WITNESS REQUIREMENT DURING STATE OF EMERGENCY/HEALTH CARE38
POWER OF ATTORNEY AND ADVANCED DIRECTIVE FOR NATURAL DEATH39
SECTION 5.8.(a) G.S. 32A-16 reads as rewritten:40
"§ 32A-16. Definitions.41
The following definitions apply in this Article:42
…43
(3) Health care power of attorney. – A Except as provided in G.S. 32A-16A, a44
written instrument that substantially meets the requirements of this Article,45
that is signed in the presence of two qualified witnesses, and acknowledged46
before a notary public, pursuant to which an attorney-in-fact or agent is47
appointed to act for the principal in matters relating to the health care of the48
principal. The notary who takes the acknowledgement may but is not required49
to be a paid employee of the attending physician or mental health treatment50
provider, a paid employee of a health facility in which the principal is a51

patient, or a paid employee of a nursing home or any adult care home in which1
the principal resides.2
…3
(6) Qualified witness. – A Except as provided in G.S. 32A-16A, a witness in4
whose presence the principal has executed the health care power of attorney,5
who believes the principal to be of sound mind, and who states that he or she6
(i) is not related within the third degree to the principal nor to the principal's7
spouse, (ii) does not know nor have a reasonable expectation that he or she8
would be entitled to any portion of the estate of the principal upon the9
principal's death under any existing will or codicil of the principal or under10
the Intestate Succession Act as it then provides, (iii) is not the attending11
physician or mental health treatment provider of the principal, nor a licensed12
health care provider who is a paid employee of the attending physician or13
mental health treatment provider, nor a paid employee of a health facility in14
which the principal is a patient, nor a paid employee of a nursing home or any15
adult care home in which the principal resides, and (iv) does not have a claim16
against any portion of the estate of the principal at the time of the principal's17
execution of the health care power of attorney.18
…."19
SECTION 5.8.(b) Article 3 of Chapter 32A of the General Statutes is amended by20
"§ 32A-16A. Health care powers of attorney executed during State of Emergency.22
(a) The requirement of G.S. 32A-16(3) that a health care power of attorney be executed23
in the presence of two qualified witnesses shall be waived for all instruments executed on or after24
the effective date of this section and prior to termination of the State of Emergency declared by25
Governor Roy Cooper in Executive Order No. 116, on March 10, 2020, as the same may be26
extended by any subsequent executive order, such that an instrument that is signed by the27
principal, properly acknowledged before a notary public, and otherwise executed in compliance28
with the provisions of this Article shall not be invalidated by the principal's failure to execute the29
health care power of attorney in the presence of two qualified witnesses.30
(b) Health care powers of attorney executed without two qualified witnesses during the31
time period defined in subsection (a) of this section shall contain a short and plain statement32
indicating that the instrument was executed in accordance with the procedures of this section.33
(c) This section shall expire at 12:01 A.M. on March 1, 2021; provided, however, all34
instruments made in accordance with this section and while this section is in effect shall remain35
SECTION 5.8.(c) G.S. 90-321 reads as rewritten:37
"§ 90-321. Right to a natural death.38
(a) The following definitions apply in this Article:39
…40
(1a) Declaration. – Any Except as provided in G.S. 90-321A, any signed,41
witnessed, dated, and proved document meeting the requirements of42
subsection (c) of this section.43
…44
(c) The attending physician shall follow, subject to subsections (b), (e), and (k) of this45
section, a declaration:46
…47
(3) That Except as provided in G.S. 90-321A, that has been signed by the48
declarant in the presence of two witnesses who believe the declarant to be of49
sound mind and who state that they (i) are not related within the third degree50
to the declarant or to the declarant's spouse, (ii) do not know or have a51

reasonable expectation that they would be entitled to any portion of the estate1
of the declarant upon the declarant's death under any will of the declarant or2
codicil thereto then existing or under the Intestate Succession Act as it then3
provides, (iii) are not the attending physician, licensed health care providers4
who are paid employees of the attending physician, paid employees of a health5
facility in which the declarant is a patient, or paid employees of a nursing6
home or any adult care home in which the declarant resides, and (iv) do not7
have a claim against any portion of the estate of the declarant at the time of8
the declaration; and9
…."10
SECTION 5.8.(d) Article 23 of Chapter 90 of the General Statutes is amended by11
"§ 90-321A. Advanced directive for a natural death executed during State of Emergency.13
(a) The requirement of G.S. 90-321 that an advanced directive for a natural death14
declaration be executed in the presence of two qualified witnesses shall be waived for all15
instruments executed on or after the effective date of this section and prior to termination of the16
State of Emergency declared by Governor Roy Cooper in Executive Order No. 116, on March17
10, 2020, as the same may be extended by any subsequent executive order, such that an18
instrument that is signed by the declarant, properly acknowledged before a notary public, and19
otherwise executed in compliance with the provisions of this Article shall not be invalidated by20
the declarant's failure to execute the advanced directive for a natural death declaration in the21
presence of two qualified witnesses.22
(b) Advanced directives for a natural death declaration executed without two qualified23
witnesses during the time period defined in subsection (a) of this section shall contain a short and24
plain statement indicating that the instrument was executed in accordance with the procedures of25
this section, which may but need not be cited by title or section number.26
(c) This section shall expire at 12:01 A.M. on August 1, 2020; provided, however, all27
instruments made in accordance with this section and while this section is in effect shall remain28
SECTION 5.8.(e) This section is effective when it becomes law.30
31
ADULT GUARDIANSHIP SERVICE32
"§ 35A-1109. Service of notice and petition.34
(a) Copies of the petition and initial notice of hearing shall be personally served on the35
respondent. Respondent's counsel or guardian ad litem shall be served pursuant to G.S. 1A-1,36
Rule 4, Rules of Civil Procedure. A sheriff who serves the notice and petition shall do so without37
demanding his fees in advance. The petitioner, within five days after filing the petition, shall mail38
or cause to be mailed, by first-class mail, copies of the notice and petition to the respondent's39
next of kin alleged in the petition and any other persons the clerk may designate, unless such40
person has accepted notice. Proof of such mailing or acceptance shall be by affidavit or certificate41
of acceptance of notice filed with the clerk. The clerk shall mail, by first-class mail, copies of42
subsequent notices to the next of kin alleged in the petition and to such other persons as the clerk43
deems appropriate.44
(b) In the event that personal service is not possible because the respondent resides in a45
facility that restricts visitors due to a public health emergency, the respondent may be served by46
the sheriff leaving copies of the petition and initial notice of hearing at the facility with a person47
employed by the facility who is apparently in charge of the office or who has apparent authority48
to receive documents intended for residents. The facility employee shall, as soon as practicable,49
present the copies to the respondent. Proof of service on the respondent shall be by return of50

service filed with the clerk showing the respondent was personally served or copies were left1
with the facility as described in this subsection."2
SECTION 5.9.(b) This section is effective when it becomes law and expires August3
1, 2020.4
5
DISBURSEMENT OF FUNDS PRIOR TO RECORDATION OF DEED IN CERTAIN6
CIRCUMSTANCES7
SECTION 5.10.(a) Chapter 45A of the General Statutes is amended by adding a new8
section to read:9
"§ 45A-4.1. Disbursement during certain declarations of emergency.10
(a) Notwithstanding any other provision of this Chapter, upon issuance of a declaration11
of emergency under G.S. 166A-19.20, in real estate transactions involving a one- to four-family12
residential dwelling or a lot restricted to residential use, a settlement agent may, in accordance13
with this section, make disbursement of closing funds prior to recordation of the deeds, deeds of14
trust, and any other required loan documents in the office of the register of deeds.15
(b) No disbursement of closing funds prior to recordation shall be made under this16
section, unless all the following apply:17
(1) On the date of closing, the office of the register of deeds where the deeds,18
deeds of trust, and any other required loan documents are to be recorded meets19
the following criteria:20
a. Is located within the emergency area under G.S. 166A-19.20.21
b. Is closed to the public as a result of the declaration of emergency.22
c. Is not accepting documents for recording in person or by electronic23
means.24
(2) The lender's closing instructions authorize disbursement of closing funds prior25
to recording.26
(3) All parties agree in writing to all the following:27
a. To waive the requirement of G.S. 45A-4 that the settlement agent shall28
not disburse closing funds until the deeds, deeds of trust, and any other29
required loan documents are recorded in the office of the register of30
deeds.31
b. That they acknowledge that the recordation date may not be known on32
the date of closing and the date of recordation by the settlement agent33
is governed by subsection (d) of this section.34
c. That they are aware of the risks and implications of proceeding with35
disbursement of closing funds and, if applicable, transfer of possession36
of property prior to recordation.37
d. That after disbursement of closing funds and prior to recordation no38
party to the transaction will take any action to impair the quality of the39
title in law or equity.40
e. Any other terms the parties or the closing instructions require as a41
condition of disbursement of closing funds prior to recording.42
(4) The settlement agent does all the following:43
a. Complies with all conditions of the closing instructions.44
b. Procures a commitment of title insurance providing for title insurance45
that includes indemnity coverage for the gap period between the date46
of disbursement of closing funds and the date of recordation of the47
necessary documents.48
c. Updates the applicable title from the date of the preliminary title49
opinion to the time of disbursement using those public records50

reasonably available to the settlement agent on the date of1
disbursement.2
(c) In all transactions under this section in which the settlement agent makes a3
disbursement of closing funds prior to recordation, the settlement agent shall hold in a fiduciary4
capacity until the time provided in subsection (d) of this section, all deeds, deeds of trust, and5
any other required loan documents that are to be recorded.6
(d) The authority under this section for the settlement agent to disburse closing proceeds7
prior to recordation of the deeds, deeds of trust, and any other required loan documents shall8
terminate on the earlier of the date the office of the register of deeds reopens for the transaction9
of public business or begins to accept documents for electronic recording. Within three business10
days of the time set forth in this subsection, the settlement agent shall record all deeds, deeds of11
trust, and any other required loan documents being held under subsection (c) of this section and12
shall immediately notify all parties that the documents have been recorded."13
15
MARRIAGE LICENSES16
SECTION 5.11.(a) G.S. 51-8 reads as rewritten:17
"§ 51-8. License issued by register of deeds.18
(a) Every register of deeds shall, upon proper application, issue a license for the marriage19
of any two persons who are able to answer the questions regarding age, marital status, and20
intention to marry, and, based on the answers, the register of deeds determines the persons are21
authorized to be married in accordance with the laws of this State. In making a determination as22
to whether or not the parties are authorized to be married under the laws of this State, the register23
of deeds may require the applicants for the license to marry to present certified copies of birth24
certificates or such other evidence as the register of deeds deems necessary to the determination.25
The register of deeds may administer an oath to any person presenting evidence relating to26
whether or not parties applying for a marriage license are eligible to be married pursuant to the27
laws of this State. Each applicant for a marriage license shall provide on the application the28
applicant's social security number. If an applicant does not have a social security number and is29
ineligible to obtain one, the applicant shall present a statement to that effect, sworn to or affirmed30
before an officer authorized to administer oaths. Upon presentation of a sworn or affirmed31
statement, the register of deeds shall issue the license, provided all other requirements are met,32
and retain the statement with the register's copy of the license. The register of deeds shall not33
issue a marriage license unless all of the requirements of this section have been met.34
(b) Notwithstanding subsection (a) of this section, throughout the duration of any35
declaration of emergency issued under G.S. 166A-19.20, any register of deeds may issue a36
license for marriage via remote audio-video communication provided the register of deeds can37
positively identify each applicant before the register of deeds."38
SECTION 5.11.(b) G.S. 51-16 reads as rewritten:39
"§ 51-16. Form of license.40
License shall be in the following or some equivalent form:41
To any ordained minister of any religious denomination, minister authorized by a church, any42
magistrate, or any other person authorized to solemnize a marriage under the laws of this State:43
A.B. having applied to me for a license for the marriage of C.D. (the name of the man to be44
written in full) of (here state his residence), aged ____ years (race, as the case may be), the son45
of (here state the father and mother, if known; state whether they are living or dead, and their46
residence, if known; if any of these facts are not known, so state), and E.F. (write the name of47
the woman in full) of (here state her residence), aged ____ years (race, as the case may be), the48
daughter of (here state names and residences of the parents, if known, as is required above with49
respect to the man). (If either of the parties is under 18 years of age, the license shall here contain50
the following:) And the written consent of G.H., father (or mother, etc., as the case may be) to51

the proposed marriage having been filed with me, and there being no legal impediment to such1
marriage known to me, you are hereby authorized, at any time within 60 120 days from the date2
hereof, to celebrate the proposed marriage at any place within the State. You are required within3
10 days after you shall have celebrated such marriage, to return this license to me at my office4
with your signature subscribed to the certificate under this license, and with the blanks therein5
filled according to the facts, under penalty of forfeiting two hundred dollars ($200.00) to the use6
of any person who shall sue for the same.7
Issued this ____ day of ____, ____8
____________________ L.M.9
Register of Deeds of ____ County10
Every register of deeds shall, at the request of an applicant, designate in a marriage license11
issued the race of the persons proposing to marry by inserting in the blank after the word "race"12
the words "white," "black," "African-American," "American Indian," "Alaska Native," "Asian13
Indian," "Chinese," "Filipino," "Japanese," "Korean," "Vietnamese," "Other Asian," "Native14
Hawaiian," "Guamarian," "Chamorro," "Samoan," "Other Pacific Islander," "Mexican,"15
"Mexican-American," "Chicano," "Puerto Rican," "Cuban," "Other Spanish/Hispanic/Latino," or16
"other," as the case may be. The certificate shall be filled out and signed by the minister, officer,17
or other authorized individual celebrating the marriage, and also be signed by two witnesses18
present at the marriage, who shall add to their names their place of residence, as follows:19
I, N.O., an ordained or authorized minister or other authorized individual of (here state to20
what religious denomination, or magistrate, as the case may be), united in matrimony (here name21
the parties), the parties licensed above, on the ___ day of ______, ___, at the house of P.R., in22
(here name the town, if any, the township and county), according to law.23
________________ N.O.24
Witness present at the marriage:25
S.T., of (here give residence)."26
SECTION 5.11.(c) This section is effective when it becomes law, applies to any27
marriage license issued on or after February 1, 2020, and expires August 1, 2020, and any28
marriage license issued on or before that date shall be valid for 120 days.29
30
EXPAND THE DEFINITION OF SECURITY GUARD AND PATROL PROFESSION31
TO INCLUDE SECURITY SERVICES PROVIDERS AT STATE PRISONS32
SECTION 5.12.(a) G.S. 74C-3(a) reads as rewritten:33
"(a) As used in this Chapter, the term "private protective services profession" means and34
includes the following:35
…36
(6) Security guard and patrol profession. – Any person, firm, association, or37
corporation that provides a security guard on a contractual basis for another38
person, firm, association, or corporation for a fee or other valuable39
consideration and performs one or more of the following functions:40
…41
e. Security services related to entry and exit, direction and movement of42
individuals at entry and exit, security working towers, and perimeter43
security patrols at State prison facilities.44
…."45
SECTION 5.12.(b) Article 1 of Chapter 148 of the General Statutes is amended by46
"§ 148-5.5. Training and authority of security guards.48
Any security guard and patrol professional that is licensed pursuant to Chapter 74C of the49
General Statutes and is employed to provide security services related to entry and exit, direction50
and movement of individuals at entry and exit, security working towers, or perimeter security51

patrols at a State prison facility, shall receive training on State prison policies, including policies1
on the use of force, prior to providing any security services at a State prison. Security guard and2
patrol professionals trained pursuant to this section shall have the authority to detain and use3
necessary force pursuant to State prison policies to prevent contraband entry or inmate escape."4
SECTION 5.12.(c) This section is effective when it becomes law and expires August5
1, 2020.6
7
NEW ATTORNEYS' OATH8
SECTION 5.12.5.(a) Notwithstanding G.S. 84-1, in response to the coronavirus9
emergency, a justice or judge of the General Court of Justice may administer the required oath10
prescribed for attorneys by G.S. 11-11 to an attorney remotely using a form of live video11
conferencing technology, provided the individual taking the oath is personally known to the12
justice or judge or provides satisfactory evidence of identity to the justice or judge.13
SECTION 5.12.5.(b) This section is effective when it becomes law and expires14
December 1, 2020.15
16
DELAY SCHOOL CAPITAL OUTLAY REPORT DUE from THE LOCAL17
GOVERNMENT COMMISSION18
SECTION 5.13.(a) Notwithstanding G.S. 115C-440.1(b), the 2020 report by the19
Local Government Commission to the General Assembly of the level of each county's20
appropriations for public school capital outlay, including appropriations to the public school21
capital outlay fund, funds expended by counties on behalf of and for the benefit of public schools22
for capital outlay, monies reserved for future years' retirement of debt incurred or capital outlay,23
and any other information the Local Government Commission considers relevant shall be due24
July 1, 2020.25
27
CARRYFORWARD OF DRIVERS EDUCATION FUNDS28
SECTION 5.13.5.(a) Funds appropriated in the 2019-2020 fiscal year from the Civil29
Penalty and Forfeiture Fund to the State Public School Fund for drivers education that are30
unexpended and unencumbered at the end of the 2019-2020 fiscal year shall not revert, but shall31
remain available until the end of the 2020-2021 fiscal year.32
SECTION 5.13.5.(b) This section becomes effective June 30, 2020.33
34
INVOLUNTARY COMMITMENT, TRANSPORTATION35
SECTION 5.14.(a) Notwithstanding the requirements of G.S. 122C-202.2(a),36
122C-251(g), and 122C-261(b) and (d)(4), the governing body of a city or county is authorized37
to establish an expedited process for designating and training personnel, other than law38
enforcement officers, for custody and transportation of persons as required by involuntary39
commitment proceedings.40
SECTION 5.14.(b) This section is effective when it becomes law and expires August41
1, 2020.42
43
INVOLUNTARY COMMITMENT, TELEMEDICINE44
SECTION 5.15.(a) G.S. 122C-263(c) reads as rewritten:45
"(c) The commitment examiner described in subsection (a) of this section shall examine46
the respondent as soon as possible, and in any event within 24 hours after the respondent is47
presented for examination. When the examination set forth in subsection (a) of this section is48
performed by a commitment examiner, the respondent may either be in the physical face-to-face49
presence of the commitment examiner or may be examined utilizing telemedicine equipment and50
procedures. A commitment examiner who examines a respondent by means of telemedicine must51

subsection (d) of this section would not be different if the examination had been done in the2
physical presence of the commitment examiner. A commitment examiner who is not so satisfied3
must note that the examination was not satisfactorily accomplished, and the respondent must be4
taken for a face-to-face examination in the physical presence of a person authorized to perform5
examinations under this section. As used in this section, "telemedicine" is the use of two-way6
real-time interactive audio and video between places of lesser and greater medical capability or7
expertise to provide and support health care when distance separates participants who are in8
different geographical locations. A recipient is referred by one provider to receive the services9
of another provider via telemedicine.where the respondent and commitment examiner can hear10
and see each other."11
SECTION 5.15.(b) G.S. 122C-266 reads as rewritten:12
"§ 122C-266. Inpatient commitment; second examination and treatment pending hearing.13
(a) Except as provided in subsections (b) and (e), within 24 hours of arrival at a 24-hour14
facility described in G.S. 122C-252, the respondent shall be examined by a physician. This15
physician shall not be the same physician who completed the certificate or examination under16
the provisions of G.S. 122C-262 or G.S. 122C-263. The respondent may either be in the physical,17
face-to-face presence of the physician or may be examined by the physician utilizing18
telemedicine equipment and procedures. A physician who examines a respondent by means of19
telemedicine must be satisfied to a reasonable medical certainty that the findings made in20
accordance with subdivisions (1) through (3) of this subsection would not be different if the21
examination had been done in the physical presence of the physician. A physician who is not so22
satisfied must note that the examination was not satisfactorily accomplished, and the respondent23
must be taken for a face-to-face examination in the physical presence of a physician. The24
examination shall include but is not limited to the assessment specified in G.S. 122C-263(c).25
(1) If the physician finds that the respondent is mentally ill and is dangerous to26
self, as defined by G.S. 122C-3(11)a., or others, as defined by27
G.S. 122C-3(11)b., the physician shall hold the respondent at the facility28
pending the district court hearing.29
(2) If the physician finds that the respondent meets the criteria for outpatient30
commitment under G.S. 122C-263(d)(1), the physician shall show these31
findings on the physician's examination report, release the respondent pending32
the district court hearing, and notify the clerk of superior court of the county33
where the petition was initiated of these findings. In addition, the examining34
physician shall show on the examination report the name, address, and35
telephone number of the proposed outpatient treatment physician or center.36
The physician shall give the respondent a written notice listing the name,37
address, and telephone number of the proposed outpatient treatment physician38
or center and directing the respondent to appear at that address at a specified39
date and time. The examining physician before the appointment shall notify40
by telephone and shall send a copy of the notice and the examination report to41
the proposed outpatient treatment physician or center.42
(3) If the physician finds that the respondent does not meet the criteria for43
commitment under either G.S. 122C-263(d)(1) or G.S. 122C-263(d)(2), the44
physician shall release the respondent and the proceedings shall be terminated.45
(4) If the respondent is released under subdivisions (2) or (3) of this subsection,46
the law enforcement officer or other person designated to provide47
transportation shall return the respondent to the respondent's residence in the48
originating county or, if requested by the respondent, to another location in49
the originating county.50

(b) If the custody order states that the respondent was charged with a violent crime,1
including a crime involving assault with a deadly weapon, and that he was found incapable of2
proceeding, the physician shall examine him as set forth in subsection (a) of this section.3
However, the physician may not release him from the facility until ordered to do so following4
the district court hearing.5
(c) The findings of the physician and the facts on which they are based shall be in writing,6
in all cases. A copy of the findings shall be sent to the clerk of superior court by reliable and7
expeditious means.8
(d) Pending the district court hearing, the physician attending the respondent may9
administer to the respondent reasonable and appropriate medication and treatment that is10
consistent with accepted medical standards. Except as provided in subsection (b) of this section,11
if at any time pending the district court hearing, the attending physician determines that the12
respondent no longer meets the criteria of either G.S. 122C-263(d)(1) or (d)(2), he shall release13
the respondent and notify the clerk of court and the proceedings shall be terminated.14
(e) If the 24-hour facility described in G.S. 122C-252 or G.S. 122C-262 is the facility in15
which the first examination by a physician or eligible psychologist occurred and is the same16
facility in which the respondent is held, the second examination shall occur not later than the17
following regular working day.18
(f) As used in this section, "telemedicine" is the use of two-way real-time interactive19
audio and video transmission where the respondent and examining physician can hear and see20
each other."21
SECTION 5.15.(c) G.S. 122C-283(c) reads as rewritten:22
"(c) The commitment examiner described in subsection (a) of this section shall examine23
the respondent as soon as possible, and in any event within 24 hours, after the respondent is24
presented for examination. When the examination set forth in subsection (a) of this section is25
performed by a commitment examiner, the respondent may either be in the physical, face-to-face26
presence of the commitment examiner or may be examined utilizing telemedicine equipment and27
procedures. A commitment examiner who examines a respondent by means of telemedicine must28
subsection (d) of this section would not be different if the examination had been done in the30
physical presence of the commitment examiner. A commitment examiner who is not so satisfied31
must note that the examination was not satisfactorily accomplished, and the respondent must be32
taken for a face-to-face examination in the physical presence of a person authorized to perform33
examinations under this section. As used in this subsection, "telemedicine" is the use of two-way34
real-time interactive audio and video where the respondent and commitment examiner can hear35
and see each other. The examination shall include but is not limited to an assessment of all of the36
following:37
(1) The respondent's current and previous substance abuse including, if available,38
previous treatment history.39
(2) The respondent's dangerousness to self or others as defined in40
G.S. 122C-3(11)."41
SECTION 5.15.(d) G.S. 122C-285 reads as rewritten:42
"§ 122C-285. Commitment; second examination and treatment pending hearing.43
(a) Within 24 hours of arrival at a 24-hour facility described in G.S. 122C-252, the44
respondent shall be examined by a qualified professional. This professional shall be a physician45
if the initial commitment evaluation was conducted by a commitment examiner who is not a46
physician. The examination shall include the assessment specified in G.S. 122C-283(c). The47
respondent may either be in the physical, face-to-face presence of the physician or may be48
examined by the physician utilizing telemedicine equipment and procedures. A physician who49
examines a respondent by means of telemedicine must be satisfied to a reasonable medical50
certainty that the findings made in accordance with this subsection would not be different if the51

examination had been done in the physical presence of the physician. A physician who is not so1
satisfied must note that the examination was not satisfactorily accomplished, and the respondent2
must be taken for a face-to-face examination in the physical presence of a qualified professional3
provided that, if the initial commitment examination was performed by a qualified professional,4
this professional shall be a physician. If the physician or qualified professional finds that the5
respondent is a substance abuser and is dangerous to self or others, the physician or qualified6
professional shall hold and treat the respondent at the facility or designate other treatment7
pending the district court hearing. If the physician or qualified professional finds that the8
respondent does not meet the criteria for commitment under G.S. 122C-283(d)(1), the physician9
or qualified professional shall release the respondent and the proceeding shall be terminated. In10
this case the reasons for the release shall be reported in writing to the clerk of superior court of11
the county in which the custody order originated. If the respondent is released, the law12
enforcement officer or other person designated or required under G.S. 122C-251(g) to provide13
transportation shall return the respondent to the originating county.14
(b) If the 24-hour facility described in G.S. 122C-252 is the facility in which the first15
examination by a commitment examiner occurred and is the same facility in which the respondent16
is held, the second examination must occur not later than the following regular working day.17
(c) The findings of the physician or qualified professional along with a summary of the18
facts on which they are based shall be made in writing in all cases. A copy of the written findings19
shall be sent to the clerk of superior court by reliable and expeditious means.20
(d) As used in this section, "telemedicine" is the use of two-way real-time interactive21
audio and video transmission where the respondent and examining physician can hear and see22
each other."23
SECTION 5.15.(e) This section is effective when it becomes law and expires August24
1, 2020.25
26
COMMUNICABLE DISEASE INFORMATION TO LAW ENFORCEMENT27
"§ 130A-143. Confidentiality of records.29
All information and records, whether publicly or privately maintained, that identify a person30
who has AIDS virus infection or who has or may have a disease or condition required to be31
reported pursuant to the provisions of this Article shall be strictly confidential. This information32
shall not be released or made public except under the following circumstances:33
(1) Release is made of specific medical or epidemiological information for34
statistical purposes in a way that no person can be identified;identified.35
(2) Release is made of all or part of the medical record with the written consent36
of the person or persons identified or their guardian;the person's personal37
representative, as defined in 45 Code of Federal Regulations § 164.502.38
(3) Release is made for purposes of treatment, payment, research, or health care39
operations to the extent that disclosure is permitted under 45 Code of Federal40
Regulations §§ 164.506 and 164.512(i). For purposes of this section, the terms41
"treatment," "payment," "research," and "health care operations" have the42
meaning given those terms in 45 Code of Federal Regulations §43
164.501;Regulations § 164.501.44
(4) Release is necessary to protect the public health and is made as provided by45
the Commission in its rules regarding control measures for communicable46
diseases and conditions;conditions.47
(5) Release is made pursuant to other provisions of this Article;Article.48
(6) Release is made pursuant to subpoena or court order. order or a subpoena49
issued by a judicial official. Upon request of the person identified in the50
record, the record shall be reviewed in camera. In the trial, the trial judge may,51

during the taking of testimony concerning such information, exclude from the1
courtroom all persons except the officers of the court, the parties and those2
engaged in the trial of the case;case.3
(7) Release is made by the Department or a local health department to a court or4
a law enforcement judicial official for the purpose of enforcing this Article or5
Article 22 of this Chapter,Chapter.6
(7a) Release is made by the Department or a local health department to a law7
enforcement official for any of the following purposes: (i) to prevent or lessen8
a serious or imminent threat to the health or safety of a person or the public,9
to the extent that disclosure is permitted under 45 Code of Federal Regulations10
§ 164.512(j) and not otherwise permitted by subdivision (4) of this section,11
(ii) to enforce this Article or Article 22 of this Chapter, or investigating (iii)12
to investigate a terrorist incident using nuclear, biological, or chemical agents.13
A law enforcement official who receives the information shall not disclose it14
further, except (i) when necessary to enforce this Article or Article 22 of this15
Chapter, Chapter; or when necessary to conduct an investigation of a terrorist16
incident using nuclear, biological, or chemical agents, agents; or (ii) when the17
Department or a local health department seeks the assistance of the law18
enforcement official in preventing or controlling the spread of the disease or19
condition and expressly authorizes the disclosure as necessary for that20
purpose;purpose.21
(8) Release is made by the Department or a local health department to another22
federal, state state, tribal, or local public health agency for the purpose of23
preventing or controlling the spread of a communicable disease or24
communicable condition;condition.25
(9) Release is made by the Department for bona fide research purposes. The26
Commission shall adopt rules providing for the use of the information for27
research purposes;purposes.28
(10) Release is made pursuant to G.S. 130A-144(b); orG.S. 130A-144(b).29
(11) Release is made pursuant to any other provisions of law that specifically30
authorize or require the release of information or records related to AIDS."31
33
ALLOW LICENSED SOIL SCIENTISTS TO EVALUATE, INSPECT, AND APPROVE34
ON-SITE WASTEWATER SYSTEM PROJECTS DURING THE CORONAVIRUS35
EMERGENCY36
SECTION 5.16.2.(a) Notwithstanding G.S. 130A-336.2(a), an individual licensed37
as a soil scientist pursuant to Chapter 89F of the General Statutes may, at the direction of the38
owner of a proposed on-site wastewater system, prepare signed and sealed soil and site39
evaluations, specifications, plans, and reports for the site layout, construction, operation, and40
maintenance of a wastewater system without also obtaining further certification from the North41
Carolina On-Site Wastewater Contractors and Inspectors Board.42
SECTION 5.16.2.(b) In addition to the authority granted pursuant to subsection (a)43
of this Section, an individual licensed as a soil scientist pursuant to Chapter 89F of the General44
Statutes and engaged by the owner of a proposed on-site wastewater system may conduct all45
necessary inspections, certifications, and approvals, including the issuance of the final inspection46
and report certifying that the system has been installed according to the approved plans and47
specifications for the construction, installation, and operation of a proposed wastewater system.48
SECTION 5.16.2.(c) Wastewater systems constructed, installed, and operated under49
authority of this section shall otherwise comply with the requirements of G.S. 130A-336.2 and50
rules adopted thereunder. The owner of a proposed wastewater system shall notify the local51

health department that the owner is engaging a licensed soil scientist pursuant to the authority1
granted in this section.2
SECTION 5.16.2.(d) The Department of Health and Human Services, the3
Department's authorized agents, and local health departments shall have no liability for4
wastewater systems developed, constructed, installed, or approved by a licensed soil scientist5
acting pursuant to the authority granted in this section; however, nothing in this section shall6
relieve the Department, the Department's authorized agents, and local health departments from7
any of their other obligations under State law or administrative rule. The licensed soil scientist8
conducting the evaluation, installation, and construction of a proposed wastewater system9
pursuant to this section shall maintain an errors and omissions liability insurance policy issued10
by an insurer licensed under Chapter 58 of the General Statutes in an amount commensurate with11
the risk.12
SECTION 5.16.2.(e) This section is effective when it becomes law and expires13
August 1, 2020. However, the expiration of this section shall not prevent a licensed soil scientist14
acting under this section's authority from completing a proposed wastewater system begun before15
the section expires.16
17
(1) ALLOW THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO ESTABLISH18
EMERGENCY MEASURES AND PROCEDURES APPLICABLE TO SOLID WASTE19
MANAGEMENT; (2) EXPAND LOCAL GOVERNMENT AUTHORITY TO REQUEST20
WAIVERS FROM THE DEPARTMENT WITH RESPECT TO CERTAIN ITEMS21
BANNED FROM LANDFILLS, TO INCLUDE YARD WASTE IN CONSIDERATION22
OF IMPACTS TO PUBLIC HEALTH, DURING THE COVID-19 STATE OF23
EMERGENCY; AND (3) ALLOW PRIVATE COMPANIES PROVIDING24
COLLECTION SERVICES FOR YARD TRASH TO REQUEST A WAIVER FROM25
THE DEPARTMENT TO ALLOW DISPOSAL OF YARD TRASH COLLECTED IN A26
LANDFILL IN CONSIDERATION OF IMPACTS TO PUBLIC HEALTH, DURING27
THE COVID-19 STATE OF EMERGENCY28
SECTION 5.16.3.(a) For purposes of this section, "coronavirus emergency" means29
the period from March 10, 2020, through August 1, 2020.30
SECTION 5.16.3.(b) In order to protect public health or the environment, the31
Secretary of Environmental Quality, or an authorized representative of the Secretary, may, upon32
request of a public or private landfill operator, or on the Secretary's own initiative, develop and33
implement any emergency measures and procedures that the Secretary deems necessary for the34
proper management of solid waste generated during the coronavirus emergency. Written notice35
of emergency measures and procedures developed and implemented pursuant to this section shall36
be provided to news media, waste organizations, governmental agencies, solid waste facilities,37
and any other interested or affected parties as determined by the Secretary. Such emergency38
procedures and measures may include any of the following:39
(1) Restrictions on the collection, storage, and transportation of solid waste.40
(2) Decisions on facility operational conditions such as operational times and41
waste acceptance.42
(3) Any other measures or procedures necessary to allow for the proper disposal43
of solid waste within impacted communities.44
All State agencies and political subdivisions of the State shall cooperate with the45
implementation of the emergency measures and procedures developed pursuant to this section.46
SECTION 5.16.3.(c) Notwithstanding G.S. 130A-309.10(f)(3) and47
G.S. 130A-309.10(k), a county or city may petition the Department of Environmental Quality48
for a waiver from the prohibition on disposal of yard trash in a landfill based on a showing that49
prohibiting the disposal of the material would constitute an economic hardship or a real or50
potential public health risk.51

SECTION 5.16.3.(d) This section is effective when it becomes law and expires1
August 1, 2020.2
SECTION 5.16.4.(a) For purposes of this section, "coronavirus emergency" means3
the period from March 10, 2020, through August 1, 2020.4
SECTION 5.16.4.(b) Notwithstanding G.S. 130A-309.10(f)(3) and5
G.S. 130A-309.10(k), a county or city may petition the Department of Environmental Quality6
for a waiver from the prohibition on disposal of yard trash in a landfill during the coronavirus7
emergency based on a showing that prohibiting the disposal of the material would constitute an8
economic hardship or a real or potential public health risk.9
SECTION 5.16.4.(c) Notwithstanding G.S. 130A-309.10(f)(3), a private company10
that is providing collection services for yard trash may petition the Department of Environmental11
Quality for a waiver from the prohibition on disposal of yard trash in a landfill during the12
coronavirus emergency based on a showing that prohibiting the disposal of the material would13
constitute an economic hardship or a real or potential public health risk. The authority granted14
under this section shall apply to a private company providing collection services for yard trash15
within a county or city's jurisdiction: (i) whether or not the county or city has elected to request16
a waiver from the Department pursuant to Section 16.4(b) of this act; and, (ii) notwithstanding17
any requirement under a franchise agreement or other contractual arrangement between the18
private company and a city or county applicable to yard trash disposal.19
SECTION 5.16.4.(d) This section is effective when it becomes law and expires20
August 1, 2020.21
22
EXPAND WHO MAY BE APPOINTED MEDICAL EXAMINER23
SECTION 5.17.(a) G.S. 130A-382(a) reads as rewritten:24
"(a) The Chief Medical Examiner shall appoint two or more county medical examiners for25
each county for a three-year term. In appointing medical examiners for each county, the Chief26
Medical Examiner shall give preference to physicians licensed to practice medicine in this State27
but may also appoint licensed retired physicians previously licensed to practice in this State;28
physician assistants, nurse practitioners, nurses, or nurses licensed to practice in this State;29
emergency medical technician paramedics. paramedics credentialed under G.S. 131E-159;30
medicolegal death investigators certified by the American Board of Medicolegal Death31
Investigators; and pathologists' assistants. A medical examiner may serve more than one county.32
The Chief Medical Examiner may take jurisdiction in any case or appoint another medical33
examiner to do so."34
36
STATE HEALTH PLAN PREMIUM AND DEBT PAYMENT DEFERRAL OPTION37
DURING DECLARATION OF EMERGENCY38
SECTION 5.19.(a) G.S. 135-48.30(a) is amended by adding a new subdivision to39
read:40
"(18) In accordance with G.S. 135-48.39 and subject to approval by the Board of41
Trustees, issue an order declaring an option of deferring premium or debt42
payments when there is a state of disaster or emergency."43
SECTION 5.19.(b) Part 3 of Article 3B of Chapter 135 of the General Statutes is44
amended by adding a new section to read:45
"§ 135-48.39. Operations during state of disaster or emergency.46
(a) For the purposes of this section, the term "state of disaster" shall mean that one of the47
following has occurred:48
(1) The Governor or legislature has declared a state of emergency under49
G.S. 166A-19.20.50
(2) The Governor has issued a disaster declaration under G.S. 116A-19.21.51

(3) The President of the United States has issued a major disaster declaration1
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act,2
42 U.S.C. § 5121, et seq., as amended, for this State, for an area within this3
State, or for an area in which a member or an employing unit is located.4
(4) The Governor, legislature, or other governing body has declared a state of5
emergency or disaster, or the equivalent, for an area in which a member or6
employing unit is located.7
(b) Subject to approval by the Board of Trustees, when there is a state of disaster the State8
Treasurer may order that members, employing units, or both adversely affected by the state of9
disaster shall have the option of deferring premium or debt payments that are due during the time10
period in which there is a state of disaster. The State Treasurer may order the expiration of the11
option to defer premium or debt payments prior to the end of the time period in which there is a12
state of disaster but may not extend the option beyond that period.13
(c) Any option to defer premium or debt payments offered under this section shall be14
made for a period 30 days from the last day the premium or debt payment may have been made15
under the terms of the Plan, policy, contract, or agreement. This 30-day deferral period may also16
be applied to any statute, rule, or other policy or contract provision that imposes a time limit on17
the Plan or a member to perform any act related to the Plan during the time period in which there18
is a state of disaster. This 30-day deferral period may be extended by the State Treasurer in 30-day19
increments, subject to approval by the Board of Trustees. A deferral period shall not last beyond20
90 days from the last day of the time period in which there is a state of disaster.21
(d) An option to defer premium or debt payments offered under this section may be22
limited to a specific category of members or employing units, as the state of disaster necessitates23
and as determined by the State Treasurer.24
(e) Nothing in this section shall be construed as to authorize the nonpayment of premiums25
or debt. All premium payments in arrears shall be paid to the Plan. If premiums in arrears are not26
paid, coverage shall lapse as of the last day of the month for which premiums were paid in full.27
The member shall be responsible for all medical expenses incurred since the effective date of the28
lapse in coverage."29
SECTION 5.19.(c) This section is effective retroactively to January 1, 2020.30
31
INTERIM DETERMINATIONS AND INTERIM CERTIFICATIONS FOR CERTAIN32
DISABILITY BENEFITS33
SECTION 5.20.(a) This section shall apply to the following General Statutes:34
(1) Article 1A of Chapter 120.35
(2) Article 3 of Chapter 128.36
SECTION 5.20.(b) Whenever the medical board, as established under40
G.S. 128-28(l), G.S. 135-6(k), or G.S. 135-102(d), is required to make a determination or41
certification of eligibility for disability benefits, the Director of the Retirement Systems Division42
of the Department of State Treasurer, or the Director's designee, may make an interim43
determination or an interim certification that a member or beneficiary is eligible for disability44
benefits. The Director may not make a determination or certification that a member or beneficiary45
is not eligible for disability benefits.46
SECTION 5.20.(c) The medical board shall review any interim determinations or47
interim certifications made in accordance with this section as soon as practicable and shall then48
make a final determination or final certification for disability benefits. If, subsequent to an interim49
determination or interim certification, the medical board makes a final determination that a50
member or beneficiary is not eligible for disability benefits, then any payment to that member or51

beneficiary shall cease and the determination shall be applied prospectively only so that the final1
determination will not require any refund by the member or beneficiary to the applicable2
retirement system or benefit plan for payments or benefits received during the interim period3
before the final determination is made.4
SECTION 5.20.(d) This section is effective when it becomes law. Subsection (b) of5
this section expires August 1, 2020. Any interim determinations or interim certifications made,6
as allowed under subsection (b) of this section, will remain valid until a final determination is7
made, in accordance with subsection (c) of this section.8
9
TEMPORARILY REMOVE BARRIERS TO ALLOW RETIREES OF THE TEACHERS'10
AND STATE EMPLOYEES' RETIREMENT SYSTEM FOR RETIREES AND THE11
LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM TO RETURN TO12
WORK ON A PART-TIME, TEMPORARY, OR INTERIM BASIS DURING STATE OF13
EMERGENCY RELATED TO COVID-1914
SECTION 5.21.(a) For individuals who retired under the Teachers' and State15
Employees' Retirement System (TSERS) on or after October 1, 2019, but before April 1, 2020,16
the six months separation from service from an employer that is required under G.S. 135-1(20)17
in order for a retirement to become effective shall not apply and instead a one month separation18
shall be required, provided that the position to which the individual returns is needed due to the19
COVID-19 pandemic, as certified to the Retirement Systems Division of the Department of State20
Treasurer by the employing agency. Upon the expiration of this section, all of the following shall21
apply:22
(1) The six months separation from an employer required under G.S. 135-1(20)23
shall again be applicable to individuals who retired under TSERS on or after24
October 1, 2019, but before April 1, 2020.25
(2) In order for a member's retirement under TSERS on or after October 1, 2019,26
but before April 1, 2020, to become effective in any month, the member must27
perform no work for an employer, including part-time, temporary, substitute,28
or contractor work, at any time between the expiration of this section and the29
end of the six months immediately following the effective date of retirement,30
provided the expiration of the six-month period of separation did not occur31
while this section was in effect.32
(3) For individuals who retired under TSERS on or after October 1, 2019, but33
before April 1, 2020, any time worked between March 10, 2020, and the time34
this section expires shall not be considered work for the purposes of the35
six-month separation required under G.S. 135-1(20).36
SECTION 5.21.(b) For individuals who retired prior to April 1, 2020, any earnings37
received between March 10, 2020, and the time that this section expires shall not be treated as38
earned by a TSERS beneficiary under the provisions of G.S. 135-3(8)c., provided those earnings39
are related to a position needed due to the COVID-19 pandemic, as certified to the Retirement40
Systems Division of the Department of State Treasurer by the employing agency.41
SECTION 5.21.(c) For individuals who retired prior to April 1, 2020, any earnings42
received between March 10, 2020, and the time that this section expires shall not be treated as43
earned by a beneficiary of the Local Governmental Employees Retirement System (LGERS)44
under the provisions of G.S. 128-24(5)c., provided those earnings are related to a position needed45
due to the COVID-19 pandemic, as certified to the Retirement Systems Division of the46
Department of State Treasurer by the employing unit.47
SECTION 5.21.(d) Any benefits received by or paid to a law enforcement officer or48
retired law enforcement officer under Article 12D of Chapter 143 of the General Statutes shall49
not be impacted by any work performed between March 10, 2020, and the time that this section50

expires, provided that work performed is needed due to the COVID-19 pandemic, as documented1
by the employing unit or agency.2
SECTION 5.21.(e) This section is effective when it becomes law and expires August3
1, 2020.4
5
EXTEND VALIDITY OF PROBATIONARY CERTIFICATES ISSUED BY THE6
NORTH CAROLINA CODE OFFICIALS QUALIFICATION BOARD7
SECTION 5.21.2.(a) Extend Validity of Probationary Certificates. –8
Notwithstanding any provision of law to the contrary, any probationary certificates issued to9
Code-enforcement officials by the North Carolina Code Officials Qualification Board under10
G.S. 143-151.13 that are set to expire between March 10, 2020, and March 10, 2021, shall be11
deemed valid and unexpired until March 12, 2021.12
14
FLEXIBILITY TO WAIVE OF INTEREST ON PROCUREMENT15
SECTION 5.21.3.(a) Notwithstanding G.S. 147-86.23, a State agency, as defined in16
G.S. 147-86.20(5), may waive any interest due on a past-due account receivable. This section17
does not apply to money owed to the University of North Carolina Health Care System or to East18
Carolina University's Division of Health Sciences for health care services, to the North Carolina19
Turnpike Authority for money owed to the Authority for tolls, or to the North Carolina State20
Health Plan for past-due account receivables related to premiums and claims payments.21
August 1, 2020.23
24
PROVIDE FOR THE RESCHEDULING OF PUBLIC HEARINGS DURING25
TEMPORARY RULE MAKING26
SECTION 5.22.(a) G.S. 150B-21.1 reads as rewritten:27
"§ 150B-21.1. Procedure for adopting a temporary rule.28
…29
(a3) Unless otherwise provided by law, the agency shall:30
(1) At least 30 business days prior to adopting a temporary rule, submit the rule31
and a notice of public hearing to the Codifier of Rules, and the Codifier of32
Rules shall publish the proposed temporary rule and the notice of public33
hearing on the Internet to be posted within five business days.34
(2) At least 30 business days prior to adopting a temporary rule, notify persons on35
the mailing list maintained pursuant to G.S. 150B-21.2(d) and any other36
interested parties of its intent to adopt a temporary rule and of the public37
hearing.38
(3) Accept written comments on the proposed temporary rule for at least 1539
business days prior to adoption of the temporary rule.40
(4) Hold at least one public hearing on the proposed temporary rule no less than41
five days after the rule and notice have been published. If notice of a public42
hearing has been published and that public hearing has been cancelled, the43
agency shall publish notice at least five days prior to the date of any44
rescheduled hearing.45
…."46
SECTION 5.22.(b) This section becomes effective retroactively to March 10, 2020.47
48
AUTHORIZE THE CHIEF ADMINISTRATIVE LAW JUDGE TO EXTEND THE TIME49
PERIOD FOR THE FILING OF CONTESTED CASES DURING CATASTROPHIC50
CONDITIONS51

SECTION 5.23.(a) G.S. 150B-23 reads as rewritten:1
"§ 150B-23. Commencement; assignment of administrative law judge; hearing required;2
notice; intervention.3
…4
(f) Unless another statute or a federal statute or regulation sets a time limitation for the5
filing of a petition in contested cases against a specified agency, the general limitation for the6
filing of a petition in a contested case is 60 days. The time limitation, whether established by7
another statute, federal statute, or federal regulation, or this section, shall commence when notice8
is given of the agency decision to all persons aggrieved who are known to the agency by personal9
delivery, electronic delivery, or by the placing of the notice in an official depository of the United10
States Postal Service wrapped in a wrapper addressed to the person at the latest address given by11
the person to the agency. The notice shall be in writing, and shall set forth the agency action, and12
shall inform the persons of the right, the procedure, and the time limit to file a contested case13
petition. When no informal settlement request has been received by the agency prior to issuance14
of the notice, any subsequent informal settlement request shall not suspend the time limitation15
for the filing of a petition for a contested case hearing. When the Chief Justice of the North16
Carolina Supreme Court determines and declares that catastrophic conditions exist or have17
existed in one or more counties of the State and issues an order pursuant to G.S. 7A-39(b), the18
Chief Administrative Law Judge may by order entered pursuant to this subsection extend, to a19
date certain no fewer than 10 days after the effective date of the order, the time or period of20
limitation, whether established by another statute or this section, for the filing of a petition for a21
contested case. The order shall be in writing and shall become effective for each affected county22
upon the date set forth in the order, and if no date is set forth in the order, then upon the date the23
order is signed by the Chief Administrative Law Judge. The order shall provide that it shall expire24
upon the expiration of the Chief Justice's order.25
…."26
SECTION 5.23.(b) This section is effective retroactively to March 10, 2020.27
28
CLARIFY "AVAILABLE FOR PUBLIC INSPECTION"/LOCAL GOVERNMENT29
BUDGET PROCESS30
SECTION 5.23.5.(a) G.S. 159-12 reads as rewritten:31
"§ 159-12. Filing and publication of the budget; budget hearings.32
(a) On the same day that he submits the budget to the governing board, the budget officer33
shall file a copy of it in the office of with the clerk to the board where it shall remain available34
for public inspection until the budget ordinance is adopted. The clerk to the board may post a35
copy of such budget on the Web site of the unit of local government and shall provide copies in36
accordance with Chapter 132 of the General Statutes. The clerk shall make a copy of the budget37
available to all news media in the county. He shall also publish a statement that the budget has38
been submitted to the governing board, and is available for public inspection in the office of the39
clerk to the board. inspection. The statement shall also give notice of the time and place of the40
budget hearing required by subsection (b) of this section.41
(b) Before adopting the budget ordinance, the board shall hold a public hearing at which42
time any persons who wish to be heard on the budget may appear."43
August 1, 2020.45
46
DAILY DEPOSIT REQUIREMENT UNDER THE LOCAL GOVERNMENT BUDGET47
AND FISCAL CONTROL ACT48
SECTION 5.24.(a) G.S. 159-32 reads as rewritten:49
"§ 159-32. Daily deposits.50

(a) Except as otherwise provided by law, all taxes and other moneys collected or received1
by an officer or employee of a local government or public authority shall be deposited in2
accordance with this section. Each officer and employee of a local government or public authority3
whose duty it is to collect or receive any taxes or other moneys shall, on a daily basis, deposit or4
submit to a properly licensed and recognized cash collection service all collections and receipts.5
However, if the governing board gives its approval, deposits or submissions to a properly licensed6
and recognized cash collection service shall be required only when the moneys on hand amount7
to five hundred dollars ($500.00) or greater. Until deposited or officially submitted to a properly8
licensed and recognized cash collection service, all moneys must be maintained in a secure9
location. All deposits shall be made with the finance officer or in an official depository. Deposits10
in an official depository shall be immediately reported to the finance officer by means of a11
duplicate deposit ticket. The finance officer may at any time audit the accounts of any officer or12
employee collecting or receiving taxes or other moneys, and may prescribe the form and detail13
of these accounts. The accounts of such an officer or employee shall be audited at least annually.14
(b) The Secretary may, during an emergency declaration issued under G.S. 166A-19.20,15
set the amount of moneys on hand requiring daily deposits and may require deposits on less than16
a daily basis, provided the moneys are maintained in a secure location and deposited at least17
weekly."18
20
REINSTATE SPECIAL OBLIGATION BONDS21
SECTION 5.25.(a) G.S. 159I-30 is reenacted as it existed immediately before its22
expiration, is recodified as G.S. 159-146, and is rewritten to read:23
"Article 7A.24
"Special Obligation Bonds and Notes.25
"§ 159-146. Additional powers of units of local government; issuance of special obligation26
bonds and notes.27
(a) Authorization. – Any unit of local government may borrow money for the purpose of28
financing or refinancing its cost of the acquisition or construction of a project and may issue29
special obligation bonds and notes, including bond anticipation notes and renewal notes, pursuant30
to the provisions of this section.31
(a1) Definitions. – Unless a different meaning is required by the context, the definitions32
set out in G.S. 130A-290 and the following definitions apply to this Article:33
(1) Bonds. – The special obligation bonds authorized to be issued by a unit of34
local government under this Article.35
(2) Costs. – The capital cost of acquiring or constructing any project, including,36
without limitation, all of the following:37
a. The costs of doing one or more of the following deemed necessary or38
convenient by a unit of local government:39
1. Acquiring, constructing, erecting, providing, developing,40
installing, furnishing, and equipping.41
2. Reconstructing, remodeling, altering, renovating, replacing,42
refurnishing, and re-equipping.43
3. Enlarging, expanding, and extending.44
4. Demolishing, relocating, improving, grading, draining,45
landscaping, paving, widening, and resurfacing.46
b. The costs of all property, both real and personal and both improved47
and unimproved, and of plants, works, appurtenances, structures,48
facilities, furnishings, machinery, equipment, vehicles, easements,49
water rights, air rights, franchises, and licenses used or useful in50
connection with the purpose authorized.51

c. The costs of demolishing or moving structures from land acquired and1
acquiring any lands to which such structures thereafter are to be2
moved.3
d. Financing charges, including estimated interest during the acquisition4
or construction of such project and for six months thereafter.5
e. The costs of services to provide and the cost of plans, specifications,6
studies and reports, surveys, and estimates of costs and revenues.7
f. The costs of paying any interim financing, including principal,8
interest, and premium, related to the acquisition or construction of a9
project.10
g. Administrative and legal expenses and administrative charges.11
h. The costs of obtaining bond and reserve fund insurance and investment12
contracts, of credit-enhancement facilities, liquidity facilities and13
interest-rate agreements, and of establishing and maintaining debt14
service and other reserves.15
i. Any other services, costs, and expenses necessary or incidental to the16
purpose authorized.17
(3) Credit facility. – An agreement entered into by the unit with a bank, a savings18
and loan association, or another banking institution; an insurance company, a19
reinsurance company, a surety company, or another insurance institution; a20
corporation, an investment banking firm, or another investment institution; or21
any financial institution, providing for prompt payment of all or any part of22
the principal, or purchase price (whether at maturity, presentment, or tender23
for purchase, redemption, or acceleration), redemption premium, if any, and24
interest on any bonds or notes payable on demand or tender by the owner, in25
consideration of the unit agreeing to repay the provider of the credit facility in26
accordance with the terms and provisions of the agreement; the provider of27
any credit facility may be located either within or without the United States of28
America.29
(4) Local Government Commission. – The Local Government Commission of the30
Department of the State Treasurer, established by Article 2 of this Chapter and31
any successor of said Commission.32
(5) Notes. – The special obligation notes or special obgligation bond anticipation33
notes authorized to be issued by a unit of local government under this Article.34
(6) Par formula. – Any provision or formula adopted by the unit to provide for the35
adjustment, from time to time of the interest rate or rates borne by any bonds36
or notes including any of the following:37
a. A provision providing for such adjustment so that the purchase price38
of such bonds or notes in the open market would be as close to par as39
possible.40
b. A provision providing for such adjustment based upon a percentage or41
percentages of a prime rate or base rate, which percentage or42
percentages may vary or be applied for different periods of time.43
c. Any other provision as the unit may determine to be consistent with44
this section and does not materially and adversely affect the financial45
position of the unit and the marketing of the bonds or notes at a46
reasonable interest cost to the unit.47
(7) Project. – Any of the following:48
a. Solid waste management projects and capital expenditures to49
implement such projects, including, without limitation, the purchase50
of equipment or facilities, construction costs of an incinerator; land to51

be used for recycling facilities or landfills; leachate collection and1
treatment systems; liners for landfills; monitoring wells; recycling2
equipment and facilities; volume reduction equipment; and financing3
charges. This sub-subdivision does not include (i) the operational and4
maintenance costs of solid waste management facilities or programs;5
(ii) general planning or feasibility studies; or (iii) the purchase of land,6
unless the land is to be used for a recycling facility or a landfill.7
b. Any of the following as defined in S.L. 1998-132: water supply8
systems, water conservation projects, water reuse projects, wastewater9
collection systems, and wastewater treatment works.10
c. With respect to a city, any service or facility authorized by11
G.S. 160A-536 and provided in a municipal service district.12
(8) Unit of local government or unit. – Any of the following:13
a. A unit of local government as defined in G.S. 159-44(4).14
b. Any combination of units, as defined in G.S. 160A-460(2), entering15
into a contract or agreement with each other under G.S. 160A-461.16
c. Any joint agency established under G.S. 160A-462; as any such17
section may be amended from time to time.18
d. Any regional solid waste management authority created pursuant to19
G.S. 153A-421.20
e. A consolidated city-county as defined by G.S. 160B-2(1), including21
such a consolidated city-county acting with respect to an urban service22
district defined by a consolidated city-county.23
(b) Pledge. – Each unit of local government may pledge for the payment of a special24
obligation bond or note any available source or sources of revenues of the unit and, to the extent25
the generation of the revenues is within the power of the unit, may enter into covenants to take26
action in order to generate the revenues, as long as the pledge of these sources for payments or27
the covenant to generate revenues does not constitute a pledge of the unit's taxing power.28
No agreement or covenant shall contain a nonsubstitution clause which restricts the right of29
a unit of local government to replace or provide a substitute for any project financed pursuant to30
this section.31
The sources of payment pledged by a unit of local government shall be specifically identified32
in the proceedings of the governing body authorizing the unit to issue the special obligation bonds33
or notes.34
After the issuance of special obligation bonds or notes, the governing body of the issuing unit35
may identify one or more additional sources of payment for the bonds or notes and pledge these36
sources, as long as the pledge of the sources does not constitute a pledge of the taxing power of37
the unit. Each source of additional payment pledged shall be specifically identified in the38
proceedings of the governing body of the unit pledging the source. The governing body of the39
unit may not pledge an additional source of revenue pursuant to this paragraph unless the pledge40
is first approved by the Local Government Commission pursuant to the procedures provided in41
subsection (i) of this section.42
The sources of payment so pledged and then held or thereafter received by a unit or any43
fiduciary thereof shall immediately be subject to the lien of the pledge without any physical44
delivery of the sources or further act. The lien shall be valid and binding as against all parties45
having claims of any kind in tort, contract, or otherwise against a unit without regard to whether46
the parties have notice thereof. The proceedings or any other document or action by which the47
lien on a source of payment is created need not be filed or recorded in any manner other than as48
provided in this section.49
(b1) Security Interest. – In connection with issuing its special obligation bonds or special50
obligation bond anticipation notes under this Article, a unit of local government may grant a51

security interest in the project financed, or in all or some portion of the property on which the1
project is located, or in both. If a unit of local government determines to provide additional2
security as authorized by this subsection, the following conditions apply:3
(1) No bond order may contain a nonsubstitution clause that restricts the right of4
a unit of local government to do any of the following:5
a. Continue to provide a service or activity.6
b. Replace or provide a substitute for any municipal purpose financed7
pursuant to the bond order.8
(2) A bond order is subject to approval by the Commission under Article 8 of this9
Chapter if both of the following apply:10
a. The order meets the standards set out in G.S. 159-148(a)(1),11
159-148(a)(2), and 159-148(a)(3), or involves the construction or12
repair of fixtures or improvements on real property.13
b. The order is not exempted from the provisions of that Article by one14
of the exemptions contained in G.S. 159-148(b)(1) and (2).15
The Commission approval required by this subdivision is in addition to the16
Commission approval required by subsection (i) of this section.17
(3) No deficiency judgment may be rendered against any unit of local government18
in any action for breach of a bond order authorized by this section, and the19
taxing power of a unit of local government is not and may not be pledged20
directly or indirectly to secure any moneys due under a bond order authorized21
by this section. This prohibition does not impair the right of the holder of a22
bond or note to exercise a remedy with respect to the revenues pledged to23
secure the bond or note, as provided in the bond order, resolution, or trust24
agreement under which the bond or note is authorized and secured. A unit of25
local government may, in its sole discretion, use tax proceeds to pay the26
principal of or interest or premium on bonds or notes, but shall not pledge or27
agree to do so.28
(4) Before granting a security interest under this subsection, a unit of local29
government shall hold a public hearing on the proposed security interest. A30
notice of the public hearing shall be published once at least 10 days before the31
date fixed for the hearing.32
(c) Payment; Call. – Any bond anticipation notes may be made payable from the proceeds33
of bonds or renewal notes or, in the event bond or renewal note proceeds are not available, the34
notes may be paid from any sources available under subsection (b) of this section. Bonds or notes35
may also be paid from the proceeds of any credit facility. The bonds and notes of each issue shall36
be dated and may be made redeemable prior to maturity at the option of the unit of local37
government or otherwise, at such price or prices, on such date or dates, and upon such terms and38
conditions as may be determined by the unit. The bonds or notes may also be made payable from39
time to time on demand or tender for purchase by the owner, upon terms and conditions40
determined by the unit.41
(d) Interest. – The interest payable by a unit on any special obligation bonds or notes may42
be at such rate or rates, including variable rates as authorized in this section, as may be determined43
by the Local Government Commission with the approval of the governing body of the unit. This44
approval may be given as the governing body of the unit may direct, including, without limitation,45
a certificate signed by a representative of the unit designated by the governing body of the unit.46
(e) Nature of Obligation. – Special obligation bonds and notes shall be special obligations47
of the unit of local government issuing them. The principal of, and interest and any premium on,48
special obligation bonds and notes shall be secured solely by any one or more of the sources of49
payment authorized by this section as may be pledged in the proceedings, resolution, or trust50
agreement under which they are authorized or secured. Neither the faith and credit nor the taxing51

power of the unit of local government are pledged for the payment of the principal of, or interest1
or any premium on, any special obligation bonds or notes, and no owner of special obligation2
bonds or notes has the right to compel the exercise of the taxing power by the unit in connection3
with any default thereon. Every special obligation bond and note shall recite in substance that the4
principal and interest and any premium on the bond or note are secured solely by the sources of5
payment pledged in the bond order, resolution, or trust agreement under which it is authorized or6
secured. The following limitations apply to payment from the specified sources:7
(1) Any such use of these sources will not constitute a pledge of the unit's taxing8
power.9
(2) The unit is not obligated to pay the principal or interest or premium except10
from these sources.11
(f) Details. – In fixing the details of bonds or notes, the unit of local government may12
provide that any of the bonds or notes may do any of the following:13
(1) Be made payable from time to time on demand or tender for purchase by the14
owner thereof as long as a credit facility supports the bonds or notes, unless15
the Local Government Commission specifically determines that a credit16
facility is not required upon a finding and determination by the Local17
Government Commission that the absence of a credit facility will not18
materially and adversely affect the financial position of the unit and the19
marketing of the bonds or notes at a reasonable interest cost to the unit.20
(2) Be additionally supported by a credit facility.21
(3) Be made subject to redemption or a mandatory tender for purchase prior to22
maturity.23
(4) Bear interest at a rate or rates that may vary for such period or periods of time,24
all as may be provided in the proceedings providing for the issuance of the25
bonds or notes including, without limitation, such variations as may be26
permitted pursuant to a par formula.27
(5) Be made the subject of a remarketing agreement whereby an attempt is made28
to remarket the bonds or notes to new purchasers prior to their presentment29
for payment to the provider of the credit facility or to the unit.30
(g) Credit Facility. – The obligation of a unit of local government under a credit facility31
to repay any drawing thereunder may be made payable and otherwise secured, to the extent32
applicable, as provided in this section.33
(h) Term; Form. – Notes shall mature at such time or times and bonds shall mature, not34
exceeding 40 years from their date or dates, as may be determined by the unit of local35
government, except that no such maturity dates may exceed the maximum maturity periods36
prescribed by the Local Government Commission pursuant to G.S. 159-122, as it may be37
amended from time to time. The unit shall determine the form and manner of execution of the38
bonds or notes, including any interest coupons to be attached thereto, and shall fix the39
denomination or denominations and the place or places of payment of principal and interest,40
which may be any bank or trust company within or without the United States. In case any officer41
of the unit whose signature, or a facsimile of whose signature, appears on any bonds or notes or42
coupons, if any, ceases to be the officer before delivery thereof, the signature or facsimile shall43
nevertheless be valid and sufficient for all purposes the same as if the officer had remained in44
office until the delivery. Any bond or note or coupon may bear the facsimile signatures of such45
persons who at the actual time or the execution thereof were the proper officers to sign although46
at the date of the bond or note or coupon these persons may not have been the proper officers.47
The unit may also provide for the authentication of the bonds or notes by a trustee or other48
authenticating agent. The bonds or notes may be issued as certificated or uncertificated49
obligations or both, and in coupon or in registered form, or both, as the unit may determine, and50
provision may be made for the registration of any coupon bonds or notes as to principal alone51

and also as to both principal and interest, and for the reconversion into coupon bonds or notes of1
any bonds or notes registered as to both principal and interest, and for the interchange of2
registered and coupon bonds or notes. Any system for registration may be established as the unit3
may determine.4
(i) Local Government Commission Approval. – No bonds or notes may be issued by a5
unit of local government under this section unless the issuance is approved and the bonds or notes6
are sold by the Local Government Commission as provided in this section. The unit shall file7
with the Secretary of the Local Government Commission an application requesting approval of8
the issuance of the bonds or notes, which application shall contain such information and shall9
have attached to it such documents concerning the proposed financing as the Secretary of the10
Local Government Commission may require. The Commission may prescribe the form of the11
application. Before the Secretary accepts the application, the Secretary may require the governing12
body of the unit or its representatives to attend a preliminary conference, at which time the13
Secretary or the deputies of the Secretary may informally discuss the proposed issue and the14
timing of the steps taken in issuing the special obligation bonds or notes.15
In determining whether a proposed bond or note issue should be approved, the Local16
Government Commission may consider, to the extent applicable as shall be determined by the17
Local Government Commission, the criteria set forth in G.S. 159-52 and G.S. 159-86, as either18
may be amended from time to time, as well as the effect of the proposed financing upon any19
scheduled or proposed sale of obligations by the State or by any of its agencies or departments20
or by any unit of local government in the State. The Local Government Commission shall21
approve the issuance of the bonds or notes if, upon the information and evidence it receives, it22
finds and determines that the proposed financing will satisfy such criteria and will effect the23
purposes of this section. An approval of an issue shall not be regarded as an approval of the24
legality of the issue in any respect. A decision by the Local Government Commission denying25
an application is final.26
Upon the filing with the Local Government Commission of a written request of the unit27
requesting that its bonds or notes be sold, the bonds or notes may be sold by the Local28
Government Commission in such manner, either at public or private sale, and for such price or29
prices as the Local Government Commission shall determine to be in the best interests of the unit30
and to effect the purposes of this section, if the sale is approved by the unit.31
(j) Proceeds. – The proceeds of any bonds or notes shall be used solely for the purposes32
for which the bonds or notes were issued and shall be disbursed in such manner and under such33
restrictions, if any, as the unit may provide in the resolution authorizing the issuance of, or in any34
trust agreement securing, the bonds or notes.35
(k) Interim Documents; Replacement. – Prior to the preparation of definitive bonds, the36
unit may issue interim receipts or temporary bonds, with or without coupons, exchangeable for37
definitive bonds when definitive bonds have been executed and are available for delivery. The38
unit may also provide for the replacement of any bonds or notes which shall become mutilated39
or shall be destroyed or lost.40
(l) No Other Conditions. – Bonds or notes may be issued under the provisions of this41
section without obtaining, except as otherwise expressly provided in this section, the consent of42
any department, division, commission, board, body, bureau, or agency of the State and without43
any other proceedings or the happening of any conditions or things other than those proceedings,44
conditions, or things that are specifically required by this section, and the provisions of the45
resolution authorizing the issuance of, or any trust agreement securing, the bonds or notes.46
(m) Trust. – In the discretion of the unit of local government, any bonds and notes issued47
under the provisions of this section may be secured by a trust agreement by and between the unit48
and a corporate trustee or by a resolution providing for the appointment of a corporate trustee.49
Bonds and notes may also be issued under an order or resolution without a corporate trustee. The50
corporate trustee may be, in either case any trust company or bank having the powers of a trust51

company within or without the State. The trust agreement or resolution may pledge or assign1
such sources of revenue as may be permitted under this section. The trust agreement or resolution2
may contain such provisions for protecting and enforcing the rights and remedies of the owners3
of any bonds or notes issued thereunder as may be reasonable and proper and not in violation of4
law, including covenants setting forth the duties of the unit in respect of the purposes to which5
bond or note proceeds may be applied, the disposition and application of the revenues of the unit,6
the duties of the unit with respect to the project, the disposition of any charges and collection of7
any revenues and administrative charges, the terms and conditions of the issuance of additional8
bonds and notes, and the custody, safeguarding, investment, and application of all moneys. All9
bonds and notes issued under this section shall be equally and ratably secured by a lien upon the10
revenues pledged in the trust agreement or resolution, without priority by reasons of number, or11
dates of bonds or notes, execution, or delivery, in accordance with the provision of this section12
and of the trust agreement or resolution, except that the unit may provide in the trust agreement13
or resolution that bonds or notes issued pursuant thereto shall, to the extent and in the manner14
prescribed in the trust agreement or resolution, be subordinated and junior in standing, with15
respect to the payment of principal and interest and to the security thereof, to any other bonds or16
notes. It shall be lawful for any bank or trust company that may act as depository of the proceeds17
of bonds or notes, revenues, or any other money hereunder to furnish such indemnifying bonds18
or to pledge such securities as may be required by the unit. Any trust agreement or resolution19
may set out the rights and remedies of the owners of any bonds or notes and of any trustee, and20
may restrict the individual rights of action by the owners. In addition to the foregoing, any trust21
agreement or resolution may contain such other provisions as the unit may deem reasonable and22
proper for the security of the owners of any bonds or notes. Expenses incurred in carrying out23
the provisions of any trust agreement or resolution may be treated as a part of the cost of any24
project or as an administrative charge and may be paid from the revenues or from any other funds25
available.26
The State does pledge to, and agree with, the holders of any bonds or notes issued by any unit27
that so long as any of the bonds or notes are outstanding and unpaid the State will not limit or28
alter the rights vested in the unit at the time of issuance of the bonds or notes to set the terms and29
conditions of the bonds or notes and to fulfill the terms of any agreements made with the30
bondholders or noteholders. The State shall in no way impair the rights and remedies of the31
bondholders or noteholders until the bonds or notes and all costs and expenses in connection with32
any action or proceedings by or on behalf of the bondholders or noteholders, are fully paid, met,33
and discharged.34
(n) Remedies. – Any owner of bonds or notes issued under the provisions of this Article35
or any coupons appertaining thereto, and the trustee under any trust agreement securing or36
resolution authorizing the issuance of such bonds or notes, except to the extent the rights herein37
given may be restricted by such trust agreement or resolution, may either at law or in equity, by38
suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws39
of the State or granted hereunder or under such trust agreement or resolution, or under any other40
contract executed by a unit of local government pursuant to this Article; and may enforce and41
compel the performance of all duties required by this Article or by such trust agreement or42
resolution by the unit of local government or by any officer thereof.43
(o) UCC Status. – All bonds and notes and interest coupons, if any, issued under this44
Article are hereby made investment securities within the meaning of and for all the purposes of45
Article 8 of the Uniform Commercial Code, as enacted in Chapter 25 of the General Statutes.46
(p) Investment Eligibility. – Bonds and notes issued under the provisions of this Article47
are hereby made securities in which all public offices, agencies, and public bodies of the State48
and its political subdivisions, all insurance companies, trust companies, investment companies,49
banks, savings banks, building and loan associations, credit unions, pension or retirement funds,50
other financial institutions engaged in business in the State, executors, administrators, trustees,51

and other fiduciaries may properly and legally invest funds, including capital in their control or1
belonging to them. Such bonds or notes are hereby made securities, which may properly and2
legally be deposited with and received by any officer or agency of the State or political3
subdivision of the State for any purpose for which the deposit of bonds, notes, or obligations of4
the State or any political subdivision is now or may hereafter be authorized by law.5
(q) Tax Exemption. – All of the bonds and notes authorized by this Article shall be6
exempt from all State, county, and municipal taxation or assessment, direct or indirect, general7
or special, whether imposed for the purpose of general revenue or otherwise, excluding income8
taxes on the gain from the transfer of the bonds and notes, and franchise taxes. The interest on9
the bonds and notes shall not be subject to taxation as income.10
(r) Refunding Bonds. – Subject to agreements with the holders of its bonds or notes, a11
unit may issue bonds to refund outstanding bonds or notes previously issued under this Article12
or any predecessor provision to this Article, including bonds previously issued under Chapter13
159I of the General Statutes, as amended, whether or not they have matured. Bonds may be issued14
partly for the purpose of refunding outstanding bonds and partly for any other purpose under this15
Article. Refunding bonds may be issued at any time prior to the final maturity of the debt or16
obligation to be refunded. The proceeds from the sale of any refunding bonds shall be applied17
only as follows: either, (i) to the immediate payment and retirement of the obligations being18
refunded or (ii) if not required for the immediate payment of the obligations being refunded such19
proceeds shall be deposited in trust to provide for the payment and retirement of the obligations20
being refunded, and to pay any expenses incurred in connection with such refunding. Money in21
any such trust fund may be invested in (i) direct obligations of the United States government, or22
(ii) obligations the principal of and interest on which are guaranteed by the United States23
government, or (iii) to the extent then permitted by law in obligations of any agency or24
instrumentality of the United States government, (iv) certificates of deposit issued by a bank or25
trust company located in the State of North Carolina if such certificates shall be secured by a26
pledge of any of said obligations described in (i), (ii), or (iii) above having any aggregate market27
value, exclusive of accrued interest, equal at least to the principal amount of the certificates so28
secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust29
for the retirement of obligations being refunded but which shall not have matured and which shall30
not be presently redeemable or, if presently redeemable, shall not have been called for31
redemption."32
SECTION 5.25.(b) G.S. 113A-115.1(h) reads as rewritten:33
"(h) A local government may not use funds generated from any of the following financing34
mechanisms for any activity related to the terminal groin or its accompanying beach fill project:35
(1) Special obligation bonds issued pursuant to Chapter 159I Article 7A of36
Chapter 159 of the General Statutes.37
…."38
SECTION 5.25.(c) G.S. 153A-427(a)(13) reads as rewritten:39
"(13) To issue revenue bonds and special obligation bonds of the authority and enter40
into other financial arrangements including those permitted by this Chapter41
and Chapters 159, 159I, 159 and 160A of the General Statutes to finance solid42
waste management activities, including but not limited to systems and43
facilities for waste reduction, materials recovery, recycling, resource44
recovery, landfilling, ash management, and disposal and for related support45
facilities, to refund any revenue bonds bonds, special obligation bonds or46
notes issued by the authority, whether or not in advance of their maturity or47
earliest redemption date, or to provide funds for other corporate purposes of48
the authority;"49
SECTION 5.25.(d) G.S. 159-7(4) reads as rewritten:50

"(4) "Debt service" is the sum of money required to pay installments of principal1
and interest on bonds, notes, and other evidences of debt accruing within a2
fiscal year, to maintain sinking funds, and to pay installments on debt3
instruments issued pursuant to Article 7A of this Chapter or Chapter 159G of4
the General Statutes or Chapter 159I of the General Statutes accruing within5
a fiscal year."6
SECTION 5.25.(e) G.S. 159-35(c) reads as rewritten:7
"(c) The secretary shall mail to each unit of local government not later than 30 days prior8
to the due date of each payment due to the State under debt instruments issued pursuant to Article9
7A of this Chapter or Chapter 159G of the General Statutes or Chapter 159I of the General10
Statutes a statement of the amount so payable, the due date, the amount of any moneys due to the11
unit of local government that will be withheld by the State and applied to the payment, the amount12
due to be paid by the unit of local government from local sources, the place to which payment13
should be sent, and a summary of the legal penalties for failing to honor the debt instrument14
according to its terms. Failure of the secretary timely to mail such statement or otherwise comply15
with the provisions of this subsection (c) shall not affect in any manner the obligation of a unit16
of local government to make payments to the State in accordance with any such debt instrument."17
SECTION 5.25.(f) G.S. 159-123(b) reads as rewritten:18
"(b) The following classes of bonds may be sold at private sale:19
…20
(3) Revenue bonds, including any refunding bonds issued pursuant to21
G.S. 159-84, and special obligation bonds issued pursuant to Chapter 159I of22
the General Statutes.Article 7A of this Chapter.23
…."24
SECTION 5.25.(g) G.S. 159-148 reads as rewritten:25
"§ 159-148. Contracts subject to Article; exceptions.26
(a) Except as provided in subsection (b) of this section, this Article applies to any27
contract, agreement, memorandum of understanding, and any other transaction having the force28
and effect of a contract (other than agreements made in connection with the issuance of revenue29
bonds, special obligation bonds issued pursuant to Chapter 159I of the General Statutes, Article30
7A of this Chapter, or of general obligation bonds additionally secured by a pledge of revenues)31
made or entered into by a unit of local government (as defined by G.S. 159-7(b) or, in the case32
of a special obligation bond, as defined in Chapter 159I of the General Statutes), authorized in33
G.S. 159-146), relating to the lease, acquisition, or construction of capital assets, which contract34
does all of the following:35
…36
(b) This Article shall not apply to:37
…38
(3) Loan agreements entered into by a unit of local government pursuant to the39
North Carolina Solid Waste Management Loan Program, Chapter 159I of the40
General Statutes."41
SECTION 5.25.(h) G.S. 159-165(a) reads as rewritten:42
"(a) Bond anticipation notes of a municipality, including special obligation bond43
anticipation notes issued pursuant to Chapter 159I of the General Statutes, Article 7A of this44
Chapter, shall be sold by the Commission at public or private sale according to such procedures45
as the Commission may prescribe. Bond anticipation notes of the State shall be sold by the State46
Treasurer at public or private sale, upon such terms and conditions, and according to such47
procedures as the State Treasurer may prescribe."48
SECTION 5.25.(i) This section is effective retroactively to July 1, 2019.49
50
EXTEND EFFECTIVE DATE OF CHAPTER 160D51

SECTION 5.26.(a) Section 3.2 of S.L. 2019-111 reads as rewritten:1
"SECTION 3.2. Part II of this act becomes effective January 1, 2021, August 1, 2021, and2
applies to local government development regulation decisions made on or after that date. Part II3
of this act clarifies and restates the intent of existing law and applies to ordinances adopted4
before, on, and after the effective date."5
7
FLOODPLAIN MAPS BY INCORPORATION INTO LOCAL ORDINANCES8
SECTION 5.26.1.(a) Land use development ordinances adopted by a county or city9
may reference or incorporate by reference flood insurance rate maps, watershed boundary maps,10
or other maps officially adopted or promulgated by State and federal agencies. For these maps, a11
land use development ordinance or zoning map may reference a specific officially adopted map12
or may incorporate by reference the most recent officially adopted version of such maps. When13
zoning district boundaries are based on these maps, the land use development ordinance may14
provide that the zoning district boundaries are automatically amended to remain consistent with15
changes in the officially promulgated State or federal maps, provided a copy of the currently16
effective version of any incorporated map shall be maintained for public inspection by the county17
or city.18
August 1, 2021.20
21
REMOTE PARTICIPATION IN OPEN MEETINGS22
SECTION 5.27.(a) Article 1A of Chapter 166A of the General Statutes is amended23
by adding a new section to read:24
"§ 166A-19.24. Remote meetings during certain declarations of emergency.25
(a) Remote Meetings. – Notwithstanding any other provision of law, upon issuance of a26
declaration of emergency under G.S. 166A-19.20 that restricts the number of individuals that27
may gather in one place in order to protect the public and the public health, any public body28
within the emergency area may conduct remote meetings in accordance with this section and29
Article 33C of Chapter 143 of the General Statutes throughout the duration of that declaration of30
emergency.31
(b) Requirements. – The public body shall comply with all of the following with respect32
to remote meetings conducted under this section:33
(1) The public body shall give proper notice under G.S. 143-318.12 and under34
any other requirement for notice applicable to the public body. The notice35
shall also specify the means by which the public can access the remote36
meeting as that remote meeting occurs.37
(2) Any member of the public body participating by a method of simultaneous38
communication in which that member cannot be physically seen by the public39
body must identify himself or herself in each of the following situations:40
a. When the roll is taken or the remote meeting is commenced.41
b. Prior to participating in the deliberations, including making motions,42
proposing amendments, and raising points of order.43
c. Prior to voting.44
(3) All documents to be considered during the remote meeting shall be provided45
to each member of the public body.46
(4) The method of simultaneous communication shall allow for any member of47
the public body to do all of the following:48
a. Hear what is said by the other members of the public body.49
b. Hear what is said by any individual addressing the public body.50

c. To be heard by the other members of the public body when speaking1
to the public body.2
(5) All votes shall be roll call; no vote by secret or written ballots, whether by3
paper or electronic means or in accordance with G.S. 143-318.13(b), may be4
taken during the remote meeting.5
(6) The public body shall comply with G.S. 143-318.13(c).6
(7) The minutes of the remote meeting shall reflect that the meeting was7
conducted by use of simultaneous communication, which members were8
participating by simultaneous communication, and when such members9
joined or left the remote meeting.10
(8) All chats, instant messages, texts, or other written communications between11
members of the public body regarding the transaction of the public business12
during the remote meeting are deemed a public record.13
(9) The remote meeting shall be simultaneously streamed live online with a14
telephonic option so that simultaneous live audio, and video if any, of such15
meeting is available to the public. If the public body conducting the remote16
meeting maintains its own Web site, that live stream shall be available on the17
Web site of the public body, accessible in a conspicuous location on such Web18
site. If the remote meeting is conducted by conference call, the public body19
may comply with this subdivision by providing the public with an opportunity20
to dial-in or stream the audio live and listen to the remote meeting.21
(c) Quorum. – A member of the public body participating by simultaneous22
communication under this section shall be counted as present for quorum purposes only during23
the period while simultaneous communication is maintained for that member. The provisions of24
G.S. 160A-75 and G.S. 153A-44 shall apply to all votes of each member of a county or municipal25
governing board taken during a remote meeting.26
(d) Voting by Members of the Public Body. – Votes of each member of a public body27
made during a remote meeting under this section shall be counted as if the member were28
physically present only during the period while simultaneous communication is maintained for29
that member.30
(e) Public Hearings. – A public body may conduct any public hearing required or31
authorized by law during a remote meeting, and take action thereon, provided the public body32
allows for written comments on the subject of the public hearing to be submitted between33
publication of any required notice and 24 hours after the public hearing.34
(f) Quasi-Judicial Hearings. – A public body may conduct a quasi-judicial proceeding as35
a remote meeting only when all of the following apply:36
(1) The right of an individual to a hearing and decision occurs during the37
emergency.38
(2) All persons subject to the quasi-judicial proceeding who have standing to39
participate in the quasi-judicial hearing have been given notice of the40
quasi-judicial hearing and consent to the remote meeting.41
(3) All due process rights of the parties affected are protected.42
(g) Not Exclusive. – This section applies only during emergency declarations and does43
not supersede any authority for electronic meetings under Article 33C of the General Statutes.44
(h) For purposes of this section, the following definitions apply:45
(1) Official meeting. – As defined in G.S. 143-318.10(d).46
(2) Public body. – As defined in G.S. 143-318.10(b) and (c).47
(3) Remote meeting. – An official meeting, or any part thereof, with between one48
and all of the members of the public body participating by simultaneous49
communication.50

(4) Simultaneous communication. – Any communication by conference1
telephone, conference video, or other electronic means."2
SECTION 5.27.(b) G.S. 143-318.10(a) reads as rewritten:3
"(a) Except as provided in G.S. 143-318.11, 143-318.14A, and 143-318.18, each official4
meeting of a public body shall be open to the public, and any person is entitled to attend such a5
meeting. Remote meetings conducted in accordance with G.S. 166A-19.24 shall comply with6
this subsection even if all members of the public body are participating remotely."7
SECTION 5.27.(c) G.S. 143-318.13 is amended by adding a new subsection to read:8
"(d) Except as provided in G.S. 166A-19.24(b)(6), this section shall not apply to remote9
meetings conducted in accordance with that section even if all members of the public body are10
participating remotely."11
SECTION 5.27.(d) G.S. 143-318.14A(e) reads as rewritten:12
"(e) The following sections shall apply to meetings of commissions, committees, and13
standing subcommittees of the General Assembly: G.S. 166A-19.24, G.S. 143-318.10(e) and14
G.S. 143-318.11, G.S. 143-318.13 and G.S. 143-318.14, G.S. 143-318.16 through15
G.S. 143-318.17."16
SECTION 5.27.(e) G.S. 153A-43 reads as rewritten:17
"§ 153A-43. Quorum.18
(a) A majority of the membership of the board of commissioners constitutes a quorum.19
The number required for a quorum is not affected by vacancies. If a member has withdrawn from20
a meeting without being excused by majority vote of the remaining members present, he shall be21
counted as present for the purposes of determining whether a quorum is present. The board may22
compel the attendance of an absent member by ordering the sheriff to take the member into23
custody.24
(b) Any member present by means of simultaneous communication in accordance with25
G.S. 166A-19.24 shall be counted as present for the purposes of whether a quorum is present26
only during the period while simultaneous communication is maintained for that member."27
SECTION 5.27.(f) G.S. 160A-74 reads as rewritten:28
"§ 160A-74. Quorum.29
(a) A majority of the actual membership of the council plus the mayor, excluding vacant30
seats, shall constitute a quorum. A member who has withdrawn from a meeting without being31
excused by majority vote of the remaining members present shall be counted as present for32
purposes of determining whether or not a quorum is present.33
(b) Any member present by means of simultaneous communication in accordance with34
G.S. 166A-19.24 shall be counted as present for the purposes of whether a quorum is present35
only during the period while simultaneous communication is maintained for that member."36
SECTION 5.27.(g) G.S. 160A-75, effective until January 1, 2021, reads as rewritten:37
"§ 160A-75. (Effective until January 1, 2021) Voting.38
(a) No member shall be excused from voting except upon matters involving the39
consideration of the member's own financial interest or official conduct or on matters on which40
the member is prohibited from voting under G.S. 14-234, 160A-381(d), or 160A-388(e)(2). In41
all other cases except votes taken under G.S. 160A-385, a failure to vote by a member who is42
physically present in the council chamber, or who has withdrawn without being excused by a43
majority vote of the remaining members present, shall be recorded as an affirmative vote. The44
question of the compensation and allowances of members of the council is not a matter involving45
a member's own financial interest or official conduct.46
(b) Notwithstanding subsection (a) of this section, a vote or failure to vote by any member47
present by means of simultaneous communication in accordance with G.S. 166A-19.24 shall be48
treated as if the member were physically present only during the period while simultaneous49
communication is maintained for that member.50

(c) An affirmative vote equal to a majority of all the members of the council not excused1
from voting on the question in issue, including the mayor's vote in case of an equal division, shall2
be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or3
commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of4
the city. In addition, no ordinance nor any action having the effect of any ordinance may be5
finally adopted on the date on which it is introduced except by an affirmative vote equal to or6
greater than two thirds of all the actual membership of the council, excluding vacant seats and7
not including the mayor unless the mayor has the right to vote on all questions before the council.8
For purposes of this section, an ordinance shall be deemed to have been introduced on the date9
the subject matter is first voted on by the council."10
SECTION 5.27.(h) G.S. 160A-75, effective January 1, 2021, reads as rewritten:11
"§ 160A-75. (Effective January 1, 2021) Voting.12
(a) No member shall be excused from voting except upon matters involving the13
consideration of the member's own financial interest or official conduct or on matters on which14
the member is prohibited from voting under G.S. 14-234 or G.S. 160D-109. In all other cases15
except votes taken under G.S. 160D-601, a failure to vote by a member who is physically present16
in the council chamber, or who has withdrawn without being excused by a majority vote of the17
remaining members present, shall be recorded as an affirmative vote. The question of the18
compensation and allowances of members of the council is not a matter involving a member's19
own financial interest or official conduct.20
(b) Notwithstanding subsection (a) of this section, a vote or failure to vote by any member21
present by means of simultaneous communication in accordance with G.S. 166A-19.24 shall be22
treated as if the member were physically present only during the period while simultaneous23
communication is maintained for that member.24
(c) An affirmative vote equal to a majority of all the members of the council not excused25
from voting on the question in issue, including the mayor's vote in case of an equal division, shall26
be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or27
commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of28
the city. In addition, no ordinance nor any action having the effect of any ordinance, except an29
ordinance on which a public hearing must be held pursuant to G.S. 160D-601 before the30
ordinance may be adopted, may be finally adopted on the date on which it is introduced except31
by an affirmative vote equal to or greater than two thirds of all the actual membership of the32
council, excluding vacant seats and not including the mayor unless the mayor has the right to33
vote on all questions before the council. For purposes of this section, an ordinance shall be34
deemed to have been introduced on the date the subject matter is first voted on by the council."35
SECTION 5.27.(i) This section does not affect the validity of S.L. 2008-111.36
SECTION 5.27.(j) This section is effective when it becomes law and applies37
throughout the duration of any declaration of emergency issued under G.S. 166A-19.20 in effect38
on or after that date. The actions of any public body in an open meeting conducted via39
simultaneous communication between March 10, 2020, and the effective date of this section are40
not deemed invalid due to the use of simultaneous communication to conduct that open meeting.41
42
EXTEND ORDINANCE/RULE REPORTING43
SECTION 5.28.(a) Section 1 of S.L. 2018-69, as amended by Section 3 of S.L.44
2019-198, reads as rewritten:45
"SECTION 1. All State agencies, boards, and commissions that have the power to define46
conduct as a crime in the North Carolina Administrative Code shall create a list of all crimes47
defined by the agency, board, or commission that are in effect or pending implementation. Each48
agency, board, or commission shall submit the list to the Joint Legislative Administrative49
Procedure Oversight Committee no later than November 1, 2019.March 1, 2021."50

SECTION 5.28.(b) Section 3 of S.L. 2018-69, as amended by Section 4 of S.L.1
2019-198, reads as rewritten:2
"SECTION 3. Every county with a population of 20,000 or more according to the last federal3
decennial census, city or town with a population of 1,000 or more according to the last federal4
decennial census, or metropolitan sewerage district that has enacted an ordinance punishable5
pursuant to G.S. 14-4(a) shall create a list of applicable ordinances with a description of the6
conduct subject to criminal punishment in each ordinance. Each county, city, town, or7
metropolitan sewerage district shall submit the list to the Joint Legislative Administrative8
Procedure Oversight Committee no later than November 1, 2019.March 1, 2021."9
SECTION 5.29.(c) Section 5 of S.L. 2019-198 is repealed.10
SECTION 5.29.(d) No ordinance adopted on or after May 1, 2021, and before May11
1, 2023, by a county, city, or town that was required to report pursuant to Section 3 of S.L.12
2018-69, as amended by Section 4 of S.L. 2019-198 and further amended by Section 5.28 of this13
act, shall be subject to the criminal penalty provided by G.S. 14-4 unless that county, city, or14
town submitted the required report on or before March 1, 2021. Ordinances regulated by this15
section may still be subject to civil penalties as authorized by G.S. 153A-123 or G.S. 160A-175.16
SECTION 5.29.(e) Section 6 of S.L. 2019-198 is repealed.17
SECTION 5.29.(f) The General Statutes Commission shall study the reports18
received pursuant to S.L. 2018-69, as amended by S.L. 2019-198 and further amended by Section19
5.28 of this act, and make recommendations regarding whether any conduct currently20
criminalized either (i) by an ordinance of a county, city, town, or metropolitan sewerage district21
or (ii) in the North Carolina Administrative Code by an agency, board, or commission should22
have criminal penalties provided by a generally applicable State law. The Commission may23
submit an interim report to the 2020 Regular Session of the 2019 General Assembly and to the24
Joint Legislative Oversight Committee on General Government. The Commission shall report to25
the 2021 General Assembly and to the Joint Legislative Oversight Committee on General26
Government on or before March 1, 2021.27
SECTION 5.29.(g) This section is effective when it becomes law.28
29
EXTEND THE NORTH CAROLINA CHILD WELL-BEING TRANSFORMATION30
COUNCIL THROUGH JANUARY 15, 202131
SECTION 5.29.1.(a) Section 24.1(i) of S.L. 2018-5 reads as rewritten:32
"SECTION 24.1.(i) Reporting; Termination. – By June 30, 2019, the Children's Council33
shall submit an interim report to the chairs of the Senate Appropriations Committee on Health34
and Human Services, the chairs of the House of Representatives Appropriations Committee on35
Health and Human Services, the Joint Legislative Oversight Committee on Health and Human36
Services, and the Fiscal Research Division. The report shall include a summary of the Council's37
work for the previous year, any findings and recommendations for change, and a work plan for38
the upcoming year. By June 30, 2020, January 15, 2021, the Children's Council shall submit a39
final report and shall terminate on that date."40
42
TRANSPORTATION NETWORK COMPANY SIGNAGE REQUIREMENTS43
SECTION 5.29.2.(a) Section 2(b) of S.L. 2019-194 reads as rewritten:44
"SECTION 2.(b) G.S. 20-280.5(e) and (f), as enacted by this section, become effective July45
1, 2020. 2021. The remainder of this section becomes effective October 1, 2019."46
48
EXTEND THE JOINT LEGISLATIVE STUDY COMMITTEE ON SMALL BUSINESS49
RETIREMENT OPTIONS THROUGH DECEMBER 1, 202050
SECTION 5.29.3.(a) Section 5 of S.L. 2019-205 reads as rewritten:51

"SECTION 5. The Committee shall report its interim findings and recommendations,1
including any recommended legislation, to the Speaker of the House of Representatives, the2
President Pro Tempore of the Senate, and the Fiscal Research Division no later than March 31,3
2020. The Committee shall report its final findings and recommendations, including any4
recommended legislation, to the Speaker of the House of Representatives, the President Pro5
Tempore of the Senate, and the Fiscal Research Division no later than December 1, 2020. The6
Committee shall terminate upon submission of the final report or March 31, 2020, December 1,7
2020, whichever occurs first."8
SECTION 5.29.3.(b) This section is effective retroactively to March 31, 2020.9
10
AUTHORIZE STATE AGENCIES TO EXERCISE REGULATORY FLEXIBILITY11
DURING THE CORONAVIRUS EMERGENCY IN ORDER TO PROTECT THE12
ECONOMIC WELL-BEING OF THE CITIZENS AND BUSINESSES OF THE STATE13
SECTION 5.30.(a) For purposes of this section, the following definitions apply:14
(1) "Coronavirus" has the same meaning as defined in Section 506 of the15
Coronavirus Preparedness and Response Supplemental Appropriations Act,16
2020.17
(2) "Coronavirus emergency" means the period from March 10, 2020, through the18
date the Governor signs an executive order rescinding Executive Order No.19
116, Declaration of a State of Emergency to Coordinate Response and20
Protective Actions to Prevent the Spread of COVID-19.21
(3) "State agency" means an agency or an officer in the executive branch of the22
government of this State and includes the Council of State, the Governor's23
Office, a board, a commission, a department, a division, a council, and any24
other unit of government in the executive branch. "State agency" does not25
include the Division of Employment Security of the Department of26
Commerce, the Department of Health and Human Services, the State Board27
of Education, the Department of Public Instruction, The University of North28
Carolina, the State Board of Community Colleges, or the State Board of29
Elections.30
SECTION 5.30.(b) Notwithstanding any other provision of State law, if a State31
agency determines that, due to the impacts of the coronavirus, it is in the public interest, including32
the public health, safety, and welfare and the economic well-being of the citizens and businesses33
of the State, the agency shall:34
(1) Delay the collection, or modify the method of collection, of any fees, fines, or35
late payments assessed by the agency under its statutes, including the accrual36
of interest associated with any fees, fines, or late payments.37
(2) Delay the renewal dates of permits, licenses, and other similar certifications,38
registrations, and authorizations issued by the agency pursuant to its statutes.39
(3) Delay or modify any educational or examination requirements implemented40
by the agency pursuant to its statutes.41
SECTION 5.30.(c) No later than October 1, 2020, each State agency shall report to42
the Joint Legislative Administrative Procedure Oversight Committee, the Joint Legislative43
Commission on Governmental Operations, and the Office of State Budget and Management on44
its specific efforts to exercise regulatory flexibility under this section.45
SECTION 5.30.(d) State agencies shall exercise the authority granted pursuant to46
this section to the maximum extent practicable in order to protect the economic well-being of the47
citizens and businesses of the State, while also continuing to protect public health, safety, and48
welfare.49
SECTION 5.30.(e) State agencies may adopt emergency rules for the50
implementation of this section in accordance with G.S. 150B-21.1A. Notwithstanding51

G.S. 150B-21.1A(a), an agency shall not commence the adoption of temporary rules pursuant to1
this section. Notwithstanding G.S. 150B-21.1A(d)(4), an emergency rule adopted pursuant to this2
section shall expire August 1, 2020.3
SECTION 5.30.(f) This section is effective retroactively to March 10, 2020.4
Subsections (a), (b), (d), and (e) of this section expire August 1, 2020.5
6
AUTHORIZE EXTENSION OF TRAINING AND CERTIFICATION OF LAW7
ENFORCEMENT OFFICERS BY FORENSIC TESTS FOR ALCOHOL BRANCH8
SECTION 5.30.1.(a) The Forensic Tests for Alcohol Branch of the Department of9
Health and Human Services may delay or modify any educational or examination requirements10
for recertification of law enforcement officers, and may extend any certifications already issued11
if the educational or examination requirements are delayed.12
SECTION 5.30.1.(b) This section is effective retroactively to March 10, 2020, and13
expires January 1, 2021.14
15
EXTEND CERTAIN LOCAL GOVERNMENT APPROVALS AFFECTING THE16
DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE17
SECTION 5.30.2.(a) Definitions. – As used in this section, the following definitions18
apply:19
(1) Development approval. – Any of the following approvals issued by any unit20
of local government, regardless of the form of the approval, that are for the21
development of land:22
a. Any approval of an erosion and sedimentation control plan granted by23
a local government under Article 4 of Chapter 113A of the General24
Statutes.25
b. Any building permit issued under Article 9 of Chapter 143 of the26
General Statutes.27
c. Any approval by a county of sketch plans, preliminary plats, plats28
regarding a subdivision of land, a site-specific development plan or a29
phased development plan, a development permit, a development30
agreement, or a building permit under Article 18 of Chapter 153A of31
the General Statutes.32
d. Any approval by a city of sketch plans, preliminary plats, plats33
regarding a subdivision of land, a site-specific development plan or a34
phased development plan, a development permit, a development35
agreement, or a building permit under Article 19 of Chapter 160A of36
e. Any certificate of appropriateness issued by a preservation38
commission of a city under Part 3C of Article 19 of Chapter 160A of39
(2) Development. – The division of a parcel of land into two or more parcels, the41
construction, reconstruction, conversion, structural alteration, relocation, or42
enlargement of any building or other structure or facility, or any grading, soil43
removal or relocation, excavation or landfill, or any use or change in the use44
of any building or other structure or land or extension of the use of land.45
SECTION 5.30.2.(b) For any development approval that is current and valid at any46
point during the period beginning March 10, 2020, and ending April 28, 2020, the expiration date47
of the period of the development approval and any associated vested right under G.S. 153A-344.148
or G.S. 160A-385.1 is extended for five months.49
SECTION 5.30.2.(c) This section shall not be construed or implemented to:50

(1) Extend any permit or approval issued by the United States or any of its1
agencies or instrumentalities.2
(2) Extend any permit or approval for which the term or duration of the permit or3
approval is specified or determined pursuant to federal law.4
(3) Shorten the duration that any development approval would have had in the5
absence of this section.6
(4) Prohibit the granting of such additional extensions as are provided by law.7
(5) Affect any administrative consent order issued by the Department of8
Environmental Quality in effect or issued at any time from the effective date9
of this section to September 28, 2020.10
(6) Affect the ability of a government entity to revoke or modify a development11
approval or to accept voluntary relinquishment of a development approval by12
the holder of the development approval pursuant to law.13
(7) Modify any requirement of law that is necessary to retain federal delegation14
by the State of the authority to implement a federal law or program.15
(8) Modify any person's obligations or impair the rights of any party under16
contract, including bond or other similar undertaking.17
(9) Authorize the charging of a water or wastewater tap fee that has been18
previously paid in full for a project subject to a development approval.19
SECTION 5.30.2.(d) The provisions of this section shall be liberally construed to20
effectuate the purposes of this section.21
SECTION 5.30.2.(e) For any development approval extended by this section, the22
holder of the development approval shall:23
(1) Comply with all applicable laws, regulations, and policies in effect at the time24
the development approval was originally issued by the governmental entity.25
(2) Maintain all performance guarantees that are imposed as a condition of the26
initial development approval for the duration of the period the development27
approval is extended or until affirmatively released from that obligation by the28
issuing governmental entity.29
(3) Complete any infrastructure necessary in order to obtain a certificate of30
occupancy or other final permit approval from the issuing governmental31
entity.32
SECTION 5.30.2.(f) Failure to comply with any condition in this section may result33
in termination of the extension of the development approval by the issuing governmental entity.34
In the event of a termination of the extension of a development approval, the issuing35
governmental entity shall provide written notice to the last known address of the original holder36
of the development approval of the termination of the extension of the development approval,37
including the reason for the termination. Termination of an extension of a development approval38
shall be subject to appeal to the Board of Adjustment under the requirements set forth in law if39
the development approval was issued by a unit of local government with planning authority under40
Article 18 of Chapter 153A of the General Statutes or Article 19 of Chapter 160A of the General41
Statutes.42
SECTION 5.30.2.(g) This section is effective when it becomes law and expires43
September 28, 2020.44
45
AUTHORIZE MODIFICATION OF CRIMINAL JUDGMENTS REQUIRING46
INTERMITTENT ACTIVE TIME47
SECTION 5.30.5.(a) Any criminal judgment requiring a defendant to serve periods48
of confinement or imprisonment in a local confinement facility may be modified by the chief49
district court judge of the judicial district in which the order was issued if the chief district court50
judge finds that all of the following requirements are met:51

(1) The defendant is unable to serve one or more ordered periods of confinement1
or imprisonment due to the local confinement facility's restrictions on inmates2
during the COVID-19 State of Emergency.3
(2) Without modification, the defendant will be in violation of the criminal4
judgment.5
(3) The District Attorney consents to modification of the criminal judgment.6
Any modification made pursuant to this authorization shall be as minimal as possible7
to allow the defendant to comply with the requirements of the criminal judgment.8
August 1, 2020.10
11
NCDOT CASH FLOOR12
SECTION 5.30.6.(a) Notwithstanding G.S. 143C-6-11(f), the Department of13
Transportation shall maintain an available cash balance at the end of each month equal to at least14
one hundred twenty-five million dollars ($125,000,000). In the event this cash position is not15
maintained, no further transportation project contract commitments may be entered into until the16
cash balance has been regained. Any federal funds on hand shall not be considered as cash for17
the purposes of this subsection. Exempt from this section are contracts entered into in response18
to an emergency or disaster declaration, and future transportation project contract commitments19
that are funded by federal bonds or grants, or State bonds. For purposes of this section, the terms20
"emergency" and "disaster declaration" have the same meaning as in G.S. 166A-19.3.21
SECTION 5.30.6.(b) This section is effective when it becomes law and expires one22
year from the date it is effective.23
24
DOT EMERGENCY RESERVE/CLARIFICATIONS/MODIFICATIONS25
SECTION 5.30.7.(a) G.S. 136-44.2E, as enacted by S.L. 2019-251, reads as26
rewritten:27
"§ 136-44.2E. Transportation Emergency Reserve.28
(a) Creation. – The Transportation Emergency Reserve (Emergency Reserve) is29
established as a special fund in the Department of Transportation.30
(b) Funding; Use of Funds. – Subject to subsection (d) of this section, no later than July31
30 of each fiscal year, the Department of Transportation shall transfer from the Highway Fund32
appropriations to the Emergency Reserve the sum of one hundred twenty-five million dollars33
($125,000,000), and these funds are hereby appropriated for expenses related to an emergency.34
emergency and for unreimbursed expenditures arising from the emergency. For purposes of this35
section, the term "emergency" has the same meaning as in G.S. 166A-19.3.36
(c) Access to Funds. – The Department may only use funds in the Emergency Reserve37
Reserve: (i) after the President of the United States issues a declaration under the Stafford Act38
(42 U.S.C. §§ 5121 – 5207) that a major disaster exists in the State. State, (ii) the United States39
Secretary of Transportation authorizes the expenditure of emergency relief funds pursuant to 2340
U.S.C. § 125, or (iii) the Governor has declared a disaster pursuant to G.S. 166A-19.21. The41
Secretary of Transportation shall ensure all funds in the Emergency Reserve are accessed and42
used pursuant to this section.43
(d) Limitation on Funds. – The total funds in the Emergency Reserve shall not exceed the44
sum of one hundred twenty-five million dollars ($125,000,000). If a transfer under subsection45
(b) of this section would cause the Emergency Reserve to exceed this limitation, the amount46
transferred shall equal the difference between one hundred twenty-five million dollars47
($125,000,000) and the amount of funds in the Emergency Reserve on the transfer date set forth48
in subsection (b) of this section.49
(e) Evaluation of Emergency Reserve. – No later than February 1 of the first year of the50
2021-2023 fiscal biennium, and biennially thereafter, the Department of the Transportation shall51

submit a report on the Emergency Reserve to the House of Representatives Appropriations1
Committee on Transportation, the Senate Appropriations Committee on the Department of2
Transportation, and the Fiscal Research Division. The report shall contain the results of an3
evaluation of the Emergency Reserve, based on a methodology developed jointly by the Office4
of State Budget and Management and the Department of Transportation, to determine the5
minimum amount of funds needed in the Emergency Reserve."6
SECTION 5.30.7.(b) Subsection (d) of Section 1.3 of S.L. 2019-251 reads as7
rewritten:8
"SECTION 1.3.(d) No later than 30 days from the effective date of this section, the State9
Controller shall transfer from the unreserved balance in the General Fund to the Emergency10
Reserve the sum of sixty-four million dollars ($64,000,000). These funds may be used by the11
Department of Transportation for any emergency occurring after December 31, 2015, and that12
qualifies under G.S. 136-44.2E as enacted by subsection (a) of this section."13
SECTION 5.30.7.(c) Notwithstanding G.S. 136-44.2E, as enacted by S.L. 2019-25114
and amended by subsection (a) of this section, for the fiscal year 2020-2021 the Department of15
Transportation shall not transfer funds to the Transportation Emergency Reserve.16
SECTION 5.30.7.(d) Section 1.7 of S.L. 2019-251 reads as rewritten:17
"DISASTER RELIEF FUNDS18
"SECTION 1.7. In addition to any other funds appropriated during the 2019-2020 fiscal19
year, there is appropriated from the General Fund to the Department of Transportation the sum20
of thirty-six million dollars ($36,000,000) to be used as follows:21
(1) $30,000,000 for current and future activities unreimbursed expenditures22
related to recovery from Hurricane Dorian such as debris removal and repair23
of highway infrastructure damage.24
(2) $2,000,000 for the Living Shoreline projects.25
(3) $2,000,000 to expand the Flood Inundation Mapping Alert Network for26
Transportation.27
(4) $2,000,000 for a Flood Risk and Vulnerability Assessment on the Strategic28
Highway Corridor System."29
30
USE OF REGIONAL COUNCIL OF GOVERNMENTS IN ADMINISTRATION OF31
FEMA PUBLIC ASSISTANCE AND INDIVIDUAL ASSISTANCE FUNDS32
SECTION 5.30.8. In administering Federal Emergency Management Agency public33
assistance and individual assistance funds, the North Carolina Department of Emergency34
Management may utilize the North Carolina Regional Councils of Government established in35
accordance with Article 19 of Chapter 153A of the General Statutes and Part 2 of Article 20 of36
Chapter 160A of the General Statutes to provide assistance with training, grant applications, and37
any other requested service by qualifying units of local government. A regional council of38
government may be designated by a unit or units of local government to administer any Federal39
Emergency Management Agency public assistance funds on its behalf.40
41
PART VI. SEVERABILITY42
SECTION 6. If any provision of this act is declared unconstitutional or invalid by43
the courts, it does not affect the validity of this act as a whole or any part other than the part44
declared to be unconstitutional or invalid.45
46
PART VII. EFFECTIVE DATE47
SECTION 7. Except as otherwise provided, this act is effective when it becomes48
law.49

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