Insights: Perspectives North Carolina General Assembly Update | September 10, 2021

Kilpatrick Townsend’s Government Relations Team represents a variety of clients across many industries and in all levels of government, with a focus on the North Carolina General Assembly. Below is an update on the activity at the NC General Assembly this week. Please feel free to contact a member of the team with any questions or visit our website to learn more about our Government Relations practice.

Budget Update
House Speaker Moore and Senate President Pro Tem Berger have each indicated that agreements have been made on larger budget items, including a tax package, but no details have been released. Now that leadership has reached an agreement on some of the larger numbers, subcommittees will begin meeting next week to work on their respective portions of the budget. The main focus of the legislature next week will be budget subcommittee work and redistricting hearings that are being held across the state. The Senate does not anticipate holding any floor votes next week. The House is only expected to hold floor votes on Wednesday.

Remote Business Access
As mentioned in last week’s newsletter, H320, Modernize Remote Business Access, would authorize remote meetings of corporation shareholders, nonprofit corporation members, and mutual insurance company policy holders. The bill would also authorize nonprofit corporations to conduct all business electronically. Most of these authorizations were granted temporarily by Executive Orders during the pandemic, but this legislation would make it a permanent option in the state. The bill passed unanimously on the Senate floor Wednesday and has been sent to the House for concurrence.

There is also a bill moving through the Senate dealing with remote notarization. H776  would allow authorized North Carolina notaries to remotely perform notarial acts using real time online communication technology. The notary and the principal to the transaction would be required to be physically located in North Carolina at the time of the notarial act. The bill received a favorable report from the Senate Judiciary Committee on Wednesday. It has been referred to the Senate Commerce Committee for consideration.

Governor’s Emergency Powers
This week, the Senate passed H264, Emergency Powers Accountability Act. The bill would require a concurrence vote from the Council of State to approve a governor’s emergency declaration lasting more than seven days. If approved, the emergency declaration could continue for forty-five days.  After forty-five days, the legislature would have to authorize extension of the declaration with a majority vote from each chamber. The bill passed second reading in the Senate along party lines (27-15) and third reading on a voice vote. It will now head to the House for a concurrence vote.


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