NC Legislative Update: November 2019 #2

Nexsen Pruet, PLLC

The House and Senate both returned to Raleigh this week for a three-day session, pursuant to the adjournment resolution passed last month. The session was restricted to only addressing redistricting matters, appointments, nominations, conference reports, and another adjournment resolution. Congressional redistricting was the main focus of the session, while legislators also passed bills to help alleviate cash flow shortages at the Department of Transportation, and they passed another round of disaster relief to deal with hurricane damage related to storms over the last several years.

Lawmakers concluded business for the year on Friday, November 15, and will not return to session until January 14, 2020. The January session’s rules specify that lawmakers can address veto overrides, bills addressing access to health care, budget modifications, among other items.

Congressional Redistricting

Last month, a three judge panel entered a ruling indicating that the state needs to redraw its congressional maps based on a similar ruling over a partisan gerrymandering of the state legislative districts. The judges’ order granted an injunction to halt the 2020 primaries as a result of the case. The same three judge panel also approved the legislature’s recent redraw of the state legislative maps.

When redrawing the map, lawmakers used the same open committee process used when they redrew legislative districts early this year, and also had a public hearing to accept public comments. Per court order, legislators excluded using political data when drawing the map. The new map leans to elect five Democrats and eight Republicans, compared to the current map that has a three Democrats to ten Republicans breakdown.

While legislators did take incumbency into account and no congressional members were double bunked, the maps may mean that two sitting congressmen will face unfavorable odds in the 2020 election.

Congressman Mark Walker currently represents the 6th District, which includes part of Guilford County and several largely rural surrounding counties. Under the new map, the 6th District will now consist of all of Guilford County and part of Forsyth County, which includes Winston-Salem, and the district leans Democratic.

Congressman George Holding represents the 2nd District, which leans Republican and consists of parts of Wake and Johnston Counties, as well as a few surrounding counties. Holding does not actually live in his current district. The new 2nd District will only consist of a portion of Wake County, and will lean Democratic.

The map will have to be approved by the three judge panel that struck down the current map before they can go into effect for the 2020 election. The judges have reserved the right to move the candidate filing period if they find it necessary.

WRAL: https://www.wral.com/congressional-redistricting-proposal-threatens-2-nc-incumbents/18765607/

New Congressional Map: https://webservices.ncleg.net/ViewBillDocument/2019/6956/0/HB%201029,%203rd%20Edition%20-%2019x36%20Map

Governor Vetoes Teacher Pay Raise Bill

Governor Cooper vetoed Senate Bill 354 last week, which would have given teachers the 3.9% over two years raise that they would have received under the vetoed budget, plus an additional raise to make the increase 4.4% over two years if the budget veto override is successful. Democrats called this a political ploy, and no Senate Democrats voted for the bill and only three Democrats voted for the bill in the House. In his veto message, Governor Cooper claimed that the bill shortchanged teachers and school employees, despite the State having the revenue to do more.

WCNC: https://www.wcnc.com/article/money/governor-cooper-vetoes-teacher-pay-bills-seeks-higher-raises/275-7cb31091-f947-4762-bbff-167722a8c5b1

WRAL: https://www.wral.com/republicans-pitch-new-teacher-raises-but-with-a-catch-in-budget-fight/18733666/

NC DOT Cash Flow Bill

The legislature passed the DOT Cash and Accountability Act this week, which addresses the current cash flow shortage at the Department of Transportation (DOT) that has threatened to derail hundreds of road projects and jeopardize thousands of jobs. DOT cited increased costs due to hurricane-related road repairs and slow federal reimbursements for road damage costs. In an average year, DOT spends around $65 million on storm damage road repair, however, this year they have spent nearly $300 million. DOT has also spent $311 million defending the controversial Map Act, which prevents landowners from developing property in areas where future highway projects are planned. The legislature has repealed the Map Act.

The bill forgives a $90 million loan from the General Fund and allows the Department to increase their $300 million Build NC bond to $400 million. The bill also includes a $100 million transfer from the General Fund to the Department, with $36 million of that going towards disaster relief. The bill establishes the Transportation Emergency Reserve to be used for future declared disasters and includes an initial $64 million appropriation, with the goal of the Department building the fund up to a $125 million balance.

In addition to giving DOT access to additional money, the bill directs the State Auditor to conduct a performance audit of the Department, and adds additional reporting requirements, including a weekly cash watch report.

The bill drew some criticism from Democrats, who support additional funding for the Department, but disagreed with a provision specifying that DOT pay only simple interest and not compounding interest as just compensation.

The bill is now on the Governor’s desk.

WRAL: https://www.wral.com/bill-gives-dot-a-cash-infusion-lots-of-new-reporting-requirements/18766674/

Disaster Relief Bill

The legislature approved a nearly $230 million disaster relief package to help assist with the recovery efforts from Hurricanes Mathew, Florence, and Dorian. Around $121.5 million of the bill is used for various matching requirements for drawing down federal funds. The bill also contains funds to prepare for future storms with flood mapping and water level monitors. $15 million is appropriated to assist local governments with cash flow needs in the form of grants and loans. The Golden L.E.A.F. Foundation also receives $15 million under the bill to be used to assist local governments and non-profit organizations in their recovery efforts. The bill contains various appropriations to government entities that sustained damage during the storms.

Outside of monetary relief, the bill allows the state more flexibility in moving money around from previous disaster relief bills that specified for what storm the money could be used for. The Community College System is allowed to use money from last year to cover budget shortfalls due to enrollment declines related to the storms. The bill also removes a provision that barred individuals who had previously received federal flood insurance money from participating in a pilot program that helps to assist individuals in paying their flood insurance premiums.

Outside of disaster relief, lawmakers also tacked on a few unrelated items, including budget technical adjustments, funding for the recently enacted Rural Hospital Stabilization Fund, and a provision that drew criticism from the Governor that requires all cash gifts or donations to the state or to be used by the state to be deposited in the State Treasury. Some have viewed the unrelated provisions as intended to bait the Governor into vetoing the popular bill.

WRAL: https://www.wral.com/disaster-funding-coming-as-ocracoke-residents-call-for-help/18764219/

USDA Releases New Rules on Hemp Production

The United States Department of Agriculture (USDA) recently took another step towards expanding the industrial hemp market in the United States by releasing their interim final rules labeled Establishment of a Domestic Hemp Production Program. USDA’s rules were posted to the Federal Register on October 31, 2019, and the rules will have a 60 day comment period for groups and individuals to give the Department feedback. The rules largely contain the nuts and bolts of how the Department will implement the 2018 Federal Farm Bill, which reformed the nation’s hemp laws by relaxing the requirements to obtain a license to grow hemp, and removed legally grown hemp and hemp products below .3% THC from the Controlled Substance Act (CSA). Hemp above .3% THC is still considered a scheduled I substance.

Previously, under the 2014 Federal Farm Bill, states were allowed to establish pilot hemp programs that focus on hemp research rather than being suitable for large scale industrial use. North Carolina passed legislation in 2015 and follow-up legislation in 2016 to establish the state’s pilot program, and that program is currently in place, run by the North Carolina Industrial Hemp Commission.

Nexsen Pruet: https://www.nexsenpruet.com/insights/usda-releases-new-rules-on-hemp-production

2019 Session Laws

The following bills have become law this session:

  1. SB 7: Bipartisan Ethics Appointments
  2. SB 75: Restore Ct. of Appeals Membership
  3. SB 77: Ag Disaster Fund/Certain Counties
  4. SB 214: Ensure Orderly 2019 Elections
  5. SB 12: Fill Certain Vacancies/Alexander & Burke Co.
  6. SB 56: Revenue Laws Technical Changes
  7. SB 4: Extend Terms of 2 Members/Coastal Carolina CC
  8. SB 272: Zoning for University Facilities-Durham
  9. SB 6: Dare County/CC Construction Funds
  10. SB 162: Loan Origination/Late Payment Charge Changes
  11. HB 263: Fill Vacancies/Modify 2018 Appointments
  12. SB 63: City of Kannapolis/Annexation
  13. HB 130: Allow Game Nights
  14. SB 505: Rural Job Retention Act
  15. SB 605: Highway Storm Recovery Act
  16. HB 1014: 2020 Census VTD Verification Program
  17. SB 310: Electric Co-Op Rural Broadband Services
  18. HB 363: Craft Beer Distribution & Modernization Act
  19. HB 233: State Auditor/Local Finance Officer Amends
  20. HB 532: DNCR Add New Trails & Various Changes
  21. HB 388: Immunizing Pharmacists
  22. HB 646: ID Approval/Flex Muni One-Stop
  23. HB 70: Delay NC HealthConnex for Certain Providers
  24. HB 9: Bessemer City Charter Amendment
  25. HB 201: Randolph Co. Register of Deeds Tax Cert
  26. SB 252: Dental Bill of Rights
  27. SB 138: Even-Yr Municipal Elections/Town of Black Mtn.
  28. SB 139: Even-Yr. Municipal Elections/Town of Montreat
  29. HB 336: Extend Suspension of Spencer Mountain
  30. SB 235: Franklin/Nash Municipalities/Unfit Dwellings
  31. SB 30 Stanly CC/Contracting Date Extension
  32. SB 381: Reconstitute/Clarify Boards and Commissions
  33. HB 301: CIP Revisions/Juvenile Code
  34. HB 179: Mini-Truck Classification
  35. HB 131: Repeal Map Act
  36. HB 82: Railroad Crossings/On-Track Equipment
  37. SB 648: Support Shellfish Aquaculture
  38. SB 448: Amend Appt For Compact on Education/Military
  39. SB 255: State Board Construction Contract Claim
  40. SB 151: Break or Enter Pharmacy/Increase Penalty
  41. HB 617: Allow Repeat Referral to Teen Court
  42. HB 578: Modify Legitimations Provisions
  43. HB 548: Modify Physical Therapy Definition
  44. HB 383: Topsail Beach Charter/Board Vacancies
  45. HB 1016: UNC Boards of Trustees Appointments
  46. HB 1017: Special Master Wake House Plan
  47. HB 415: Photos of Juveniles/Show-Ups
  48. SB 148: Public Records/Release of LEO Recordings
  49. SB 11: ABC Regulation and Reform
  50. SB 466: EDPNC Modifications
  51. HB 57: Create Term for Public Schs. & Codify NCVPS
  52. HB 389: ABC/Univ Athletic Facility
  53. HB 531: Tenants at Foreclosure Act Restored
  54. HB 658: Allow Donations of Unexpired Drugs
  55. HB 664: myFutureNC/Postsecondary Attainment Goal
  56. HB 432: Water/Sewer to Contiguous Dwelling Units
  57. HB 219: NAIC Accreditation Amendments.-AB
  58. SB 80: China Grove Satellite Annexation
  59. SB 242: Recreational Land Fee Changes
  60. SB 227: TP3/Principal Fellows Consolidation
  61. SB 84: Walkertown Zoning Authorizations
  62. SB 262: Union/Prohibit Certain Hunting Acts
  63. SB 674: Surry Co./Mt. Airy/Elkin City/Bd. Ed Partisan
  64. HB 15: Lexington/Dissolve Utilities Commission
  65. HB 240: Albemarle/City Labor for Business Ctr
  66. HB 299: Henderson City/Build Community College Bldgs
  67. HB 6: Burlington Airport/Lease/Contract Authority
  68. SB 225: Repeal Tuition Surcharge
  69. HB 537: Hwy Use Tax Vehicle Subscriptions
  70. HB 934: Right to Try Adult Stem Cell Treatments
  71. SB 219: Modify Teacher Licensing Requirements
  72. SB 55: Continuing Education for General Contractors
  73. SB 483: Vacation Rental Act Changes
  74. SB 610: Authorize Northern Peaks Trail
  75. SB 95: Veterans Memorial Funds/Do Not Revert
  76. SB 556: GSC People First Language 2019
  77. SB 529: Fees/Returned Checks
  78. SB 88: Electrician Requirements for Certain Orgs
  79. SB 313: Guar. to Streamline Afford. Housing
  80. SB 127: Protect Governmental Accountability
  81. HB 656: Medicaid Changes for Transformation
  82. HB 924: Teacher Contract Changes
  83. HB 474: Death by Distribution
  84. HB 67: Road Barrier Prohibition
  85. HB 310: Clarify Insurance Prod'r Crim. Bckgrd Check
  86. HB 812: Nutrient Offset Amendments
  87. HB 886: Study Participation of Operators in NC Pre-K
  88. HB 529: Utilities/Water and Wastewater Consumption
  89. HB 917: Emergency Declaration/Clarify Rd Closure
  90. HB 747: NC Missing Person Information Sharing
  91. HB 770: Freedom to Work/OLB Reform
  92. HB 871: Fair Contracts
  93. HB 4: Claremont Deannexation
  94. HB 52: Wrightsville Beach Local Act Amendment
  95. HB 204: Town of Beaufort/Annexation
  96. HB 349: Wilkes County Fire Tax-Procedure
  97. HB 489: Lincolnton-Lincoln County Airport Authority
  98. HB 80: Roanoke Rapids Lake/Unattended Equip
  99. HB 237: Brunswick County Zoning Procedure Changes
  100. HB 368: Bermuda Run/Speed Restrictions
  101. HB 98: Macon/Clay/No Right-of-Way Spotlighting
  102. HB 134: Filling Vacancy/Onslow County Board of Comm
  103. HB 170: Various Satellite Annexations
  104. HB 187: Amend Town of Elon Charter/Parking Ordinances
  105. HB 285: City of Sanford/Town of Beaufort/Vol Annex
  106. HB 239: Pitt County Animal Control Records
  107. HB 324: Local Hunting Omnibus
  108. HB 429: Navigable Waters/Manteo/Hyde
  109. SB 191: Out-of-State Law Enforcement/2020 Rep Convtn
  110. SB 399: Rehire High-Need Teachers
  111. SB 355: Land-Use Regulatory Changes
  112. SB 378: Local Economic Development Modifications
  113. SB 394: Changes to Estates & Trusts Statutes
  114. SB 311: Massage Board Membership
  115. HB 257: Motorcycles/Face Masks
  116. HB 224: Assault w/ Firearm on LEO/Increase Punishment
  117. SB 594: Register of Deeds Updates
  118. SB 525: Textile Hist. Site/Operate SE NC Museum
  119. SB 220: Removal of Political Signs by Citizens
  120. SB 500: Modify Advanced Math Course Enrollment
  121. SB 186: Beaufort-Morehead Cty Airport Authority/Amend
  122. SB 686: Appointments Bill 2019
  123. HB 492: Simplify Builder Inventory Exclusion
  124. HB 402: UNC Capital Projects
  125. SB 384: Clarify Motor Vehicle Dealer Laws
  126. HB 761: Clarify Wastewater Permitting Liability
  127. HB 758: MSD Expansion and Governance/DACS Study
  128. HB 755: Travel Insurance Amendments
  129. HB 735: Adopt Rules Incorporating 2017 Food Code
  130. HB 629: Law Enforcement Mutual Aid
  131. HB 495: No Municipal Reg/Off-Site Wastewater Systems
  132. HB 329: Renewable Energy Amends
  133. HB 156: Swain County Settlement Trust Fund
  134. HB 138: Damage Jail & Prison Fire Sprinkler/Penalty
  135. HB 106: Inmate Health Care & 340B Program
  136. HB 18: Allow Absentee Ballots/Fire District Election
  137. HB 757: Pender County/Butner Property Transfers
  138. SB 535: Authorize State Park/Clarify Corps Name
  139. HB 668: Various Higher Education Changes
  140. HB 590: Amend Administrative Procedure Laws
  141. SB 444: Allow Use of Oyster Shells As Serving Dishes
  142. HB 411: Modify School Qual./Student Success Indicator
  143. SB 210: Organ & Tissue Donation/Heart Heroes
  144. SB 316: Affordable Housing
  145. SB 297: Cancer Research Advisory Panel
  146. SB 462: Modifications to NC Appraisal Board
  147. SB 508: Civil Procedure/Deponent Declaration
  148. SB 606: Prioritize Native NC Plants on Highway ROW
  149. HB 107: PED Oversight/EPP Changes
  150. HB 323: Assess Costs of Local LEO Crime Lab Analysis
  151. HB 268: Amend On-Site Wastewater Laws/Misc. TC
  152. HB 243: State Human Resources Act Amendments.-AB
  153. HB 337: Change Salvage Vehicle Transfer Requirements
  154. HB 362: 15-Point Scale For School Performance Grades
  155. HB 546: Prohibit Counterfeit/Nonfunctional Airbags
  156. HB 620: Street Database/Manual/Public Record Except
  157. SB 29: Move Over Law/Increase Penalties/Amber Lights
  158. HB 198: Human Trafficking Commission Recommendations.-AB
  159. HB 325: Opioid Epidemic Response Act
  160. SB 194: West Jefferson/Saluda Satellite Annexations
  161. SB 420: NC Servicemembers Civil Relief Act
  162. SB 218: Clarify State Recognition - Lumbee Indians
  163. SB 145: Allow Sports/Horse Race Wagering Tribal Lands
  164. SB 332: Civil Procedure/Limitations/Land Surveyors
  165. SB 343: Various Education Law Changes
  166. SB 391: Expand Youth Internship Opportunities
  167. SB 478: Modify Appointment Reporting
  168. SB 493: DVPO Abuser Treatment/Time of Expiration
  169. SB 523: Laws Clarifying & Administrative Changes
  170. SB 604: Amend NC Veterinary Practice Act
  171. SB 108: PED/Safekeeper Health Care Cost Recov. Pract
  172. HB 469: Various Family Law Changes
  173. HB 628: 2019 Banking & Mortgage Corrections & Changes
  174. HB 675: 2019 Building Code Regulatory Reform
  175. HB 50: Allow Hyperbaric Oxygen Therapy for TBI/PTSD
  176. HB 922: Enhance Insurance Coverage/Educ. Buildings
  177. HB 264: GSC Technical Corrections 2019
  178. SB 532: Amends Probate/Trusts/Wills Choice of Law
  179. HB 220: Insurance Technical Changes.-AB
  180. SB 302: Update ACH Svc & Care Plan/Bd of Nursing
  181. SB 385: Clarify/Auto Dealers Regulatory Req
  182. SB 290: ABC Regulatory Reform Bill
  183. SB 9: Female Genital Mutilation/Clarify Prohibition
  184. SB 301: Regional School Modifications
  185. SB 366: 9th/10th Grade/College Transfer Pathways
  186. SB 413: Raise the Age Modifications
  187. SB 498: Facilitate Response to Disasters
  188. HB 724: Truth in Caller ID Act
  189. HB 872: Underground Utility Safety Act/Changes
  190. SB 190: Expand Special Assessments for Dam Repair
  191. HB 228: Modernize Laws Pertaining to NC Medical Board.-AB
  192. HB 961: Ensuring Authorization of Federal Funds
  193. HB 760: Expand Loss Prevention Investigations
  194. HB 391: Passenger Protection Act
  195. HB 590: Modify Continuing Ed for Real Estate Brokers
  196. SB 321: Federal Motor Carrier Safety/PRISM
  197. SB 68: Relocation of Water/Sewer Line Costs
  198. SB 584: Criminal Law Reform
  199. HB 206: Various Transportation Changes
  200. HB 217: DIT Changes.-AB
  201. SB 230: NC Military and Veteran Act of 2019
  202. SB 86: Small Business Health Care Act
  203. HB 99: Transfer ALE/Move Boxing Advisory Commission
  204. HB 597: Wildlife Resources Commission Amends
  205. HB 604: Small Business Retirement Program
  206. HB 55: Cleveland County/Sheriff Vacancies
  207. HB 554: Funeral Practice Licensure Tech. Corrections
  208. HB 609: Salary Increases/Adult Correctional Employees
  209. HB 226: Pay Increases/State Employees
  210. HB 126: Pay Increases/State Highway Patrol
  211. HB 777: Pay Increases/SBI & ALE
  212. SB 621: Testing Reduction Act of 2019
  213. HB 449: Handicapped & Special Registration Plates
  214. SB 600: Vets Children/Short-Term Workforce Training
  215. SB 353: Amend Cartway Path/Septic Tank Laws
  216. SB 682: Implement Crime Victim Rights Amendment
  217. SB 574: Study Establish Gaming Comm/Sports Betting
  218. SB 270: Durham Deannexation
  219. SB 692: 2019 Senate Consensus Nonpartisan Map
  220. HB 1020: 2019 House Remedial Map
  221. HB 29: Standing Up for Rape Victims Act of 2019
  222. HB 75: School Safety Funds, Programs, and Reports
  223. SB 118: Prison Safety/TANF State Plan/Clarifications
  224. SB 429: Disaster Recovery - 2019 Budget Provisions
  225. SB 458: PTS Day/Cardiac Task Force/Titus's Law/Data
  226. SB 691: Emergency Operating Funds for Utilities
  227. HB 211: Various DMV Changes
  228. HB 283: Conner’s Law
  229. HB 1001: Raise the Age Funding
  230. HB 387: Growing G.R.E.A.T.
  231. HB 100: DOT Budget for 2019-2021 Biennium
  232. SB 572: University System Risk Management Provisions
  233. SB 690: Modifications to 2019 Appointments Bill
  234. HB 181: Yanceyville/Greensboro/McDowell Cty Bd Ed.
  235. SB 61: Community Colleges Budget/2019-2021 Biennium
  236. SB 579: Prison Reform Act of 2019
  237. HB 399: Extend Tax Credits/Other Finance Changes
  238. SB 312: Relief to Ocracoke School/Hurricane Dorian

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nexsen Pruet, PLLC | Attorney Advertising

Written by:

Nexsen Pruet, PLLC
Contact
more
less

Nexsen Pruet, PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.