New Legislation: Disclosing Communicable Disease Information to Law Enforcement to Prevent or Lessen a Serious or Imminent Threat

On May 4, changes to North Carolina’s communicable disease confidentiality law went into effect, including important modifications to the parts of the law that permit information to be released to law enforcement officials. Amendments to G.S. 130A-143 were included in one of the two bills enacted in early May 2020 to address the COVID-19 pandemic. S.L. 2020-3 (S 704), sec. 4.17. Unlike some provisions in the COVID-19 legislation, the changes to the communicable disease confidentiality law do not sunset—they are permanent.

This post briefly reviews how G.S. 130A-143 protects the confidentiality of communicable disease information, describes the changes the legislation made to the law enforcement provisions, and gives some examples of how the amended law provides for disclosures of information to law enforcement.

Read more »

Using Federal Coronavirus Relief Funds for Small Business Support

On May 6, 2020, the North Carolina Office of State Budget and Management delivered a letter to counties with the amount of federal funds that will be distributed to each county from the “Coronavirus Relief Fund” (CRF) pursuant to the federal CARES Act. Guidance from the U.S. Department of Treasury Department says that CRF can be used for local government expenditures related to COVID-19, and the list of examples includes grants and loans for businesses. The federal guidance merely offers examples and provides no separate authority for activities, and importantly it does not override state law (see NC Constitution, Article V, Section 7).

The CRF is welcome news for local governments that have enacted loan programs in compliance with state law (as described in prior posts here and here). This means that local governments may receive reimbursements for capital outlays for loans. In addition, programs to aid individuals in need, which are also permitted under state law, can utilize CRF. Grants for businesses, however, remain legally and practically problematic for multiple reasons. This post explores state law surrounding these possible uses of CRF allocations. Read more »

S.L. 2020-3 (SB 704) Makes (Limited) Changes to Budget Process

In response to COVID-19, the legislature adopted two comprehensive bills that touch on a variety of areas, including a few local government finance-related issues. One of those issues is the annual budget ordinance adoption process. This post explains the normal process and details the recent (limited) legislative changes. Read more »

Remote Zoning Hearings during Declared Emergencies

COVID-19 and related shutdowns have forced local governments to dramatically alter meetings. With some questions swirling around the authority and procedures for remote public meetings, the General Assembly stepped in to provide clarity. As outlined in this blog, new legislation clearly outlines procedures for remote public meetings during declared emergencies, authorizes remote public hearings with one important caveat, and authorizes remote quasi-judicial evidentiary hearings with several limiting conditions.

The new legislative clarity is especially important for planning and zoning decisions that commonly require public hearings and/or quasi-judicial evidentiary hearings, and this blog focuses on those decisions.   Read more »

160D Extension, Maps by Reference, and Permit Extensions due to COVID-19

Due to COVID-19 and related shutdowns, land development and local government operations have slowed dramatically. Recognizing that these slowdowns will impact the ability for projects to meet deadlines, the General Assembly passed legislation to extend the effective date of the new Chapter 160D to August 1, 2021, authorize local governments to adopt maps to be incorporated into local development regulations by reference, and extend certain development approvals by five months. This blog outlines the details of those provisions. Read more »

Local Government Utility Reporting Requirement Modifications Under EO 124

UPDATE May 30, 2020: As detailed in this post, Governor Cooper issued EO 142 on May 30, 2020, which extends the effective period of EO 124 through July 29, 2020. 

Among other things, Governor Cooper’s Executive Order (EO) 124 mandates that local government utilities submit reports to the State’s Utility Commission. The EO required a weekly report, but the Attorney General’s Office has changed it to a monthly report. The first report, which will reflect data from April 2020, is due by May 12, 2020. The reporting web form is available here and a Q&A from the Attorney General’s Office is available here.

For more information on all of EO 124’s provisions, including the reporting requirement, see the following blog posts:

Governor’s EO 124 Prohibits Local Government Utility Disconnections and Late Fees and Mandates New Reporting Requirements

Residential Utility Customer Payment Plans Under Executive Order 124 During COVID-19 Pandemic

EO 124: Further Implementation Guidance for Local Government Utilities

New Rules for Meetings of Public Bodies During State-Level Declared Emergencies

As a part of the Act to Provide Aid To North Carolinians In Response to the Coronavirus Disease 2019 (COVID-19) Crisis, (S.L. 2020-3, SB 704) the General Assembly has enacted modifications to the laws governing meetings of public bodies, and voting and quorum rules for city and county governing boards. The new law modifies those rules and provides specific guidance regarding remote meetings, including quorum, notice, voting, public comment, and public hearings. These provisions are in Section 4.31 of the Act, (starting on page 61 in the PDF linked above).  The new provisions for remote public meetings became effective on May 4, 2020, and only apply when there is a declaration of a state of emergency by the Governor or General Assembly under GS 166A-90.20. They aren’t triggered by city or county emergency declarations. The new law also provides that any electronic meeting undertaken via remote participation between March 10, 2020 and the effective date of the new law is not deemed invalid due to the use of the use of electronic communication to conduct that meeting. This blog summarizes the new provisions. Read more »