House committee substitute to the 1st edition makes the following changes.
Amends proposed GS 115C-326.20 by also requiring a superintendent, assistant superintendent, associate superintendent, personnel administrator, or principal to report misconduct when the individual has actual notice of a complaint that a licensed employee has engaged in misconduct resulting in dismissal, disciplinary action, or resignation. Adds that if an employee resigns within 30 days of a complaint for misconduct or during an ongoing investigation of a complaint, then the misconduct is presumed to have resulted in the resignation.
Adds a new Part to the act that amends GS 128-38.4A (applicable to the retirement system for counties, cities, and towns) and GS 135-18.10A (applicable to the retirement system for teachers and state employees) to prohibit the Board of Trustees from paying retirement benefits or allowances to any member convicted of any felony if the offense is committed while the member is in service and the conduct resulting in the conviction mandates revocation of a certification or professional license required to maintain employment in the position held by the member when the offense was committed. Makes conforming changes to the act's long title.
The Daily Bulletin: 2023-02-21
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The Daily Bulletin: 2023-02-21
Identical to S 102, filed 2/14/23.
Amends GS 18B-302 (prohibiting the sale of malt beverages, unfortified wine, wine, spirituous liquor, or mixed beverages to anyone less than 21 years old) and GS 14-313 (regulating youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping papers) to add tribal enrollment cards issued by a federal recognized tribe to the list of acceptable identification of purchasers or prospective purchasers. Make a clarifying change to GS 14-313. Applies to purchases made on or after July 1, 2023.
Appropriates $250,000 for 2023-24 to the Office of State Budget and Management for a directed grant to The United Way of Forsyth County, Inc., to fund summer learning programs through various community agencies. Requires issuance of a Request for Proposals to contract with those community agencies. Effective July 1, 2023.
Enacts GS 20-53.6, allowing an owner of an all-terrain vehicle or a utility vehicle to apply to the Division of Motor Vehicles (DMV) for a certificate of title. Details application form requirements. Requires payment of the $52 fee statutorily set for certificate of title applications.
Makes conforming changes to GS 20-54, which requires the DMV to refuse to register or issue a certificate of title for a utility vehicle, to provide for the DMV to issue a certificate of title pursuant to new GS 20-53.6. Further directs that the DMV cannot transfer registration of a utility vehicle.
Effective October 1, 2023.
| Intro. by Sossamon, N. Jackson, Biggs. | GS 20 |
Includes whereas clauses.
Appropriates $125,000 for 2023-24 from the General Fund to the Office of State Budget and Management for a directed grant to Prestige Empowerment Group to fund the Establishing Safe Cultures program to lessen youth gun violence in Greensboro. Effective July 1, 2023.
Requires the appointment of a committee of Representatives and Senators to invite Governor Cooper to address a joint session of the House of Representative and Senate on March 6, 2023, at 7:00 pm. Invites cabinet members, members of the Council of State, justices of the Supreme Court and judges of the Court of Appeals to attend the joint session.
| Intro. by D. Hall. | JOINT RES |
As title indicates, amends Sections 1 and 2 of SL 2014-82, as amended, by extending the contracting date to June 30, 2029, for building agreements between Stanly Community College and Stanly County (currently, June 30, 2024). Requires the State Board of Community Colleges (Board) to designate the Western Stanly Campus of Stanly Community College as a multicampus center. Bars the Board from revising that designation if the community college does not comply with the Board’s policy on establishing multicampus centers.
| Intro. by Sasser. | UNCODIFIED, Stanly |
Includes whereas clauses.
Enacts GS 145-52 as title indicates.
| Intro. by Charles Smith, F. Jackson, Lucas, Wheatley. | GS 145 |
Regarding testimony by an injured party in a civil proceeding regarding evidence as to medical charges paid or required to be paid in full satisfaction of the charges under GS 8-58.1, eliminates the rebuttable presumption established by such a testimony as to the reasonableness of the amount paid or required to be paid in full satisfaction of the charges. Instead, enacts the following. Requires that, if the injured party has health insurance that will, if filed by a particular provider, result in a reduction in the charge due to a contractual adjustment being taken by the provider, and such insurance is filed and no lien as set forth in GS 44-49 or GS 44-50 has been asserted (governing liens on recovery for personal injuries to secure sums due for medical attention), then the evidence as to the amount of the bill must be the amount paid by all sources and all amounts remaining to be paid. Requires that, if a lien under GS 44-49 or GS 44-50 has been asserted, and the injured party has no health insurance or no insurance has been filed, the evidence amount of the charge to be introduced in an action tried in NC courts must be the amount of the claimed lien. Requires that, if the injured party is covered by Medicare or Medicaid, and such benefit service provider chooses to pay the claim, the evidence of the amount of the charges must be the amount actually paid by the benefit provider and, if any, the amount paid by or on behalf of the injured party from any source and any amount left unpaid. Provides that these provisions do not change, modify, or alter the provisions of GS 44-50.
Amends the provisions providing criteria for the invalidity of a lien under GS 44-49, which governs liens on recovery for personal injuries to secure sums due for medical attention. Provides for invalidity if (1) the person entitled to the lien does not furnish, without charge to the attorney as a condition precedent to the creation of the lien, upon request to the attorney representing the person in whose behalf the claim for personal injury is made, an itemized statement, hospital record, or medical report for the use of the attorney in negotiation, settlement, or trial of the claim arising by reason of the personal injury, and written notice to the attorney of the lien claimed (same as existing law) or (2) the health care provider does not timely submit a claim to an injured party's health insurer or health plan within the allotted time requirements of the health insurer, health plan, or health program. Makes technical changes.
Adds to the general business practices that constitute unfair claim settlement practices under GS 58-63-15, thus included as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) attempting to calculate the amount of a health care provider charge by any method other than that set forth in GS 8-58.1, as amended, and (2) attempting to calculate the amount of a medical provider charge for a purpose other than an action tried in NC courts, with the exception of arbitrations or other matters where the Rules of Evidence do not apply, by any method other than that set forth in GS 8-58.1, as amended.
Part I-Insurance Protections
Enacts GS 58-3-25(d) to prohibit an insurer from refusing to insure or to continue to insure, limiting coverage to, charging an individual a different amount for the same insurance coverage, or otherwise discriminating against an individual based solely, and without any additional actuarial risks, on the status of an individual as a living organ donor in the insurer’s issuance, cancellation, price, or conditions of a policy or the amount of coverage provided. Specifies that the protection applies to health benefit plans and life, accident and health, disability, disability income, and long-term care insurance policies. Defines living organ donor as a living individual who donates one or more of that individual's human organs, including bone marrow, to be transplanted into the body of another individual. Effective 30 days after it becomes law and applies to insurance contracts issued, renewed, or amended on or after that date.
Part II-Tax Credit
Enacts GS 105-153.11 to establish an income tax credit for live organ donations as the lesser of the live organ donation expenses or $5,000. Defines live organ donation, human organ, and live organ donation expenses. Defines live organ donation expenses as the total amount of expenses, including travel, lodging, meals, and lost wages, incurred that are not reimbursed and are directly related to a live organ donation by the taxpayer or by another individual the taxpayer is allowed to claim as a dependent. Sets forth limitations and allows for any unused portion of the credit to carry forward for the succeeding five years.
Amends GS 105-153.5(a)(2) (setting forth rules governing itemized tax deductions for individual income taxes) to specify that the live organ donation tax deduction is not allowed to also be deducted as a medical or dental expense.
Effective for taxable years beginning on or after January 1, 2023.
Part III-Paid Leave for State Employees
As title indicates, enacts GS 126-8.6 of the State Human Resources Act that provides for paid leave for State employees and State-sponsored personnel for organ donation as follows. Directs that permanent, full-time State employees continuously employed by the State for at least 12 months immediately preceding the first request for paid organ or bone marrow donation leave may take up to 30 days of paid leave to serve as a living organ donor and up to seven days paid leave to serve as a bone marrow donor, in addition to any other available leave. Allows part-time employees employed by the state for at least 12 months immediately preceding the first request for paid organ or bone marrow donation leave to a prorated amount of up to 30 days of paid leave for the purpose of serving as a living organ donor and seven days paid leave for serving as a bone marrow donor, in addition to any other available leave.
Stipulates that the leave is available without exhaustion of the employee’s sick or vacation leave; is in addition to shared leave or other leave authorized by law; may not be used for retirement purposes; and has no cash value upon termination from employment. Also applies to State-sponsored personnel. Requires the State Human Resources Commission or the appropriate governing board with authority over State-sponsored personnel to adopt rules and policies governing both types of leave. Requires annual reporting to the Office of State Human Resources on the paid organ donation leave program.
Amends GS 126-5 by enacting new subsection (c19) specifying that the leave provisions set forth above apply to all State employees, public school employees, and community college employees.
Appropriates $1 million in nonrecurring funds for 2023-24 from the General Fund to the Office of State Budget and Management for a directed grant to Burlington-Alamance Airport Authority for continued improvements and renovations. Effective July 1, 2023.
Repeals Section 42.2 of SL 2021-180, as the title indicates.
| Intro. by Morey, Autry, G. Brown, Harrison. | UNCODIFIED |
Renames the title of Article 29D of GS Chapter 115C to Religious Activity and Cultural Expression (currently, titled as Student Prayer and Religious Activity). Enacts new GS 115C-407.40, governing cultural expression at graduation ceremonies, as follows. Requires that any student who is, or is eligible to be, enrolled as a member of a State or federally recognized Native American tribe be permitted to wear objects of cultural significance as part of the student's regalia at any graduation ceremony for a school within a public school unit in which the student is a graduating participant. Specifies that an object of cultural significance includes bird feathers and plumes.
| Intro. by Lowery, Gillespie, B. Jones, Clampitt. | GS 115C |
Amends GS 15A-311 (discussing documents not acceptable for use as identification) to specify that a Community Action ID is not an acceptable form of identity or residency documentation except where expressly authorized to be used as such by the General Assembly.
| Intro. by Cleveland, Iler, Shepard, Clampitt. | GS 15A |
Section 1
Amends GS 140-5.13 by increasing by one the Governor’s appointees from each of the State’s congressional districts to the North Carolina Museum of Art’s Board of Trustees. Makes conforming changes to the total number of members.
Section 2
Amends GS 121-4 by amending the Department of Natural and Cultural Resources’ (DNCR) power, with approval from the Historical Commission, to dispose of accessioned records, artifacts, and furnishings determined to have no further use or value for official or administrative purposes or for research and reference purposes, by (1) expanding the power to also include disposal of agricultural products and (2) specifying that the power is regardless of Article 3A (Surplus Property) of GS Chapter 143, GS 143-49(4) (concerning the Secretary of Administration’s supervision of inventories of all tangible personal property belonging to the State government, or any of its departments, institutions, or agencies), or any other laws pertaining to surplus State property.
Amends GS 121-7 by amending DNCR’s power, with approval from the Historical Commission, to sell, trade, or place on loan artifacts owned by the State and in the custody of and curated by the Office of Archives and History, by (1) expanding this power to also include the lease or donation of the artifacts and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Make conforming changes.
Amends GS 121-7.1 by amending DNCR’s power, with approval from the Historical Commission, to sell, trade, or place on loan artifacts from the North Carolina Maritime Museum by expanding this power to also include the lease or donation of the artifacts. Makes conforming changes.
Amends GS 121-20 by amending the Tryon Palace Commission’s power to dispose of by trade, sale, or transfer any accessioned or unaccessioned artifacts and furnishings that are determined to have no further value for official or administrative purpose or for research, reference, or interpretation, by (1) expanding this power to also include the lease or donation of the artifacts and furnishings and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Makes conforming changes.
Amends GS 140-5.14 by amending the powers of the North Carolina Museum of Art’s Board of Trustees by amending the power, after consultation with the Secretary of Natural and Cultural Resources, to (1) exchange works of art owned by the museum for others, by adding that this is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property and (2) sell ay work of art owned by the museum if it is in the museum’s best interest, to also allow leasing or donating the work, and specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Makes conforming changes.
Amends GS 143B-79 by amending the Executive Mansion Fine Arts Committee’s power to dispose of property held in the mansion by (1) expanding this power to also include the lease of the property and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Make conforming changes.
Amends GS 143B-135.182, by amending the powers of the Division of North Carolina Aquariums to dispose of exhibits, exhibit components, or objects from the collections by trade, sale, or trade, by (1) expanding this power to also include the donation of those items and (2) specifying that the power is regardless of any other laws pertaining to surplus State property. Makes conforming changes.
Amends GS 143B-135.223 by amending DNCR’s power to sell or exchange objects from the collection of the Museum of Natural Sciences to now allow for the sale, lease, donation, or trade of those items. Makes conforming changes.
Section 3
Amends GS 132-11 (setting 100-year time limit on the confidentiality of certain public records) to delete probationer, parolee, post releasee, and prison inmate records (including mental health and medical records) from list of records that are exempt from the expiration of confidentiality so that only juvenile court records would fall under that exemption.
Section 4
Repeals subdivision 3 of Section 2 of SL 2012-93, which requires the Department of Environment and Natural Resources (DENR) [now DEQ] to validate the number of visitors per car used in the calculation of visitor counts at State parks no less frequently than every five years and sets deadlines for the first report due.
Amends GS 143B-135.48 (requiring DNCR to make a state parks system plan) to make technical changes and to add the requirement that the plan ensures that the state parks system plan validates the number of visitors per car used in the calculation of visitor counts at units in the state parks system.
Section 5
Amends GS 143B-135.272 to remove reference to repealed statute.
Section 6
Amends GS 66-58 (governing conditions for sale of services or merchandise by governmental units) as follows. Amends exemption from the general bar on sale of services or merchandise by governmental units to allow DNCR to operate lodging facilities located at Haw River State Park, Hanging Rock State Park, and Pisgah View State Park as well as a hotel and related facilities operated by a private entity on land leased from the North Carolina Zoological Park as authorized hotel or tourist inns (current law only references DNCR’s ability to lease land from the North Carolina Zoological Park to a private entity to operate a hotel and related facilities). Specifies that hotels or tourists inns do not include rentals of rustic cabins and recreational vehicles or tent sites in state parks.
Section 7
Amends GS 143B-235.204 to add donation to the list of transactions (currently, just sale, lease, or trade) related to zoo park property must be conducted under certain practices.
Amends GS 143B-135.205 (establishing duties and powers of North Carolina Zoological Park Council [NCZPC]) as follows. Changes the NCZPC’s power from approving conceptual plans for the North Carolina Zoological Park (Zoo) and its buildings to advising the Secretary on those things. Changes the NCZPC’s power to establish and set admission fees to recommending admission fees for the approval of the Secretary.
Amends GS 143B-209(c) (governing uses of the funds from the North Carolina Zoo Fund) as follows. Specifies that the Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the Zoo that comply with certain criteria (currently, the Secretary may approve use of the zoo fund for repair and renovation projects recommended by the NCZPC). Makes other clarifying change.
Amends GS 143B-135.210 to allow both the NCZPC and the Secretary to receive gifts to promote the Zoo (currently, only NCZPC has such authorization).
Amends GS 143B-135.213 to remove references to the NCZPC as an entity authorized to expend private funds for the Zoo to replace NCZPC with the Secretary as that authorized party (currently NCZPC can expend such funds under the supervision and approval and with the assistance of the Secretary). Makes other conforming changes. Specifies that the Secretary can set admission fees to the Zoo as recommended by the NCZPC (currently, NCZPC sets admission fees with the approval of the Secretary). Authorizes the Secretary to dispose of Zoo exhibits by sale, lease, donation, or trade and requires those disposals be done under certain conditions (currently, NCZPC is the authorized party, and it can only dispose of Zoo exhibits by sale, lease or trade).
Amends GS 143B-135.214 to remove the NCZPC as party who can exercise powers related to fee negotiations, contracts, and capital improvements (including power to conduct certain fee negotiations and to develop certain procedures related to building projects) so that the DNCR exercises these powers and responsibilities solo. Makes other conforming changes.
Section 8
Amends GS 143B-135.238 to provide that an award of a grant under Part 41, Clean Water Management Trust Fund, that requires a construction contract (was, a grant award in general) is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the execution of the grant contract (was, one year after the date of the award), unless there is good cause for the failure.
Section 9
Changes the title of and statutes throughout Part 41 of Article 2 of GS Chapter 143B by renaming the Clean Water Management Trust Fund (CWMFT) as the North Carolina Land and Water Fund (NCLWF); makes conforming changes to GS 20-79.7, GS 143-214.14, GS 143-215.71, GS 143B-53, and GS 146-30.2.
Section 10
Amends GS 143-260.10 by adding to the components of the State Nature and Historic Preserve certain tracts within and in the vicinity of the National Landmark Historic District of Bethania in Forsyth County containing approximately 189.84 acres, identified as specified, and assigned to DNCR as of June 7, 2022.
The Daily Bulletin: 2023-02-21
Senate committee substitute to the 1st edition makes the following changes.
Amends the definitions set out in new GS 90-113.112, as follows. Amends the definition of adequate supply to require that the patient’s physician determine the amount of useable cannabis. Adds and defines the term supplier registry identification card as a document issued by the North Carolina Department of Health and Humans Services (DHHS) under GS 90-113.120(f). Adds and defines the term supplier identification cardholder as a person who has been issued a supplier registry identification card.
Amends the membership of the Compassionate Use Advisory Board in proposed GS 90-113.113 to require one of the Governor’s appointees be a medical doctor recommended by the North Carolina Medical Board, who may be a former or current member of the North Carolina Medical Board (was, a medical doctor or doctor of osteopathy licensed in the state).
Amends proposed GS 90-113.114 by requiring the Department of Health and Human Services, upon request, to provide information in the medical cannabis registry database to the North Carolina Medical Board. Also requires physicians to update the medical cannabis registry database within 48 hours (was, three days) after any change is made to the original written certification to reflect the change.
Amends the provisions of proposed GS 90-113.116, concerning the requirement to carry and disclose registry identification cards to law enforcement, to also make the provisions applicable to carriers of supplier registry identification cards. Also requires displaying the relevant card and identification when approached or addressed by a law enforcement officer, no longer requiring the officer to request the information.
Amends proposed GS 90-113.117, concerning the medical cannabis registry database. Allows law enforcement agencies to contact DHHS to confirm a registry identification cardholder’s identity if the law enforcement agency is unable to verify the registry identification cardholder by using the medical cannabis verification system (was, law enforcement agencies may contact DHHS to confirm cardholders). Adds to the items that must be included in the database: (1) the adequate supply of cannabis or cannabis-infused product prescribed to the qualified patient and (2) the prescribed delivery method for the cannabis or cannabis-infused product for the qualified patient.
Amends the membership of the Medical Cannabis Production Commission (Commission) under proposed GS 90-113.118 to require one member be a member of the Compassionate Use Advisory Board appointed under GS 90-113.113(a)(1) (a member appointed by the Governor) (was, must be a physician member of the North Carolina Medical Board designated by the North Carolina Medical Board). Amends proposed GS 90-113.118(h), which gives the Commission power to approve applications for a medical cannabis supplier license, as follows. Under (h), suppliers must operate at least one medical cannabis center in a Tier 1 county; adds that Tier 1 counties means the 2023 County Tier Designations published by the Department of Commerce according to the specified statute. Also adds the requirement that the Commission must consider the following criteria in awarding licenses: (1) requires giving priority to any supplier who commits to establishing a medical cannabis center in more than one Tier 1 county and (2) requires giving priority to a supplier who commits to establishing the eight allowed medical cannabis centers in a way that demonstrates a commitment to ensuring the equitable distribution of medical cannabis centers throughout the State in order for registry ID card holders to access an adequate supply of cannabis and cannabis-infused products, while preventing an overconcentration of medical cannabis centers in any one area (allows considering county population in making this determination). Also amends the Commission’s power to adopt rules by specifying that the Commission, in consultation with the North Carolina Medical Care Commission, has the authority to adopt rules (was, requires the adoption of rules). Adds that the rules become effective when adopted and pursuant to the provisions of GS Chapter 90. Makes additional clarifying changes to the statute.
Amends proposed GS 90-113.119 by amending the requirements of the seed-to-sale tracking system to require that it also allow real-time, 24-hour access by state or local law enforcement agencies, in addition to the already listed DHHS and Commission.
Amends GS 90-113.120(f), concerning supplier register identification cards, as follows. Expands upon the individuals who may be issued a supplier registry identification card to also include supplier owner. Adds the requirement that cardholders carry the card and a valid identification when the cardholder is possessing cannabis or cannabis-infused products. Requires the card to be printed with tamper-resistant technology and to contain the seven specified items, including the supplier’s name and the name of the supplier’s business, and the cardholder’s photo. Further amends the statute by expanding upon factors that disqualify a person for licensure as a medical cannabis supplier to prohibit licensure of a person: (1) who has had a license previously revoked by the Commission or (2) who has been convicted in a federal court or in any other jurisdiction of an offense substantially similar to a specified listed disqualifying offense.
Amends GS 90-113.122 by making technical changes.
Amends proposed GS 90-113.123 to extend who is given an exemption from criminal laws related to cannabis to include a supplier as well as a supplier’s employee, agent, or principal. Amends the conditions under which that exemption is lost (1) so that it is applicable to a supplier, a supplier’s employee, agent, or principal (was, a person who is not a qualified patient or a designated caregiver but who is otherwise authorized to possess, produce, deliver, or transport cannabis for medical use); (2) so that the acts that result in the loss of exemption no longer include driving when impaired in violation of the specified statutes; and (3) so that the acts that result in the loss of exemption to otherwise include production, possession, distributing, or dispensing cannabis or cannabis-infused products in a manner that is not consistent with new Article 5H. Adds that nothing in the statute extends the protections of the statute to any person, including a supplier or their employee, agent, or principal, to allow that person to acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in a manner that is inconsistent with Article 5H. Makes additional clarifying and technical changes.
Amends proposed GS 90-113.124 to require, in order to be exempt from arrest, prosecution, or penalty, that the cannabis or cannabis-infused product possessed or purchased by a registry identification cardholder have a package with the required label. Removes from this statute the provision providing suppliers immunity for producing, possessing, distributing or dispensing cannabis or cannabis-infused products. Makes additional clarifying changes.
Amends proposed GS 90-113.126 by adding the following. Makes it a Class 3 misdemeanor to possess cannabis or a cannabis-infused product, other than in a closed retailer’s container as packaged, in a passenger compartment of a vehicle in a public vehicular area or on a public street or highway. Makes it a Class 2 misdemeanor to enter or attempt to enter a licensed medical cannabis center where cannabis or a cannabis-infused product is sold, or to obtain or attempt to obtain cannabis or a cannabis-infused product, or to obtain or attempt to obtain permission for such a purchase, by using or attempting to use a fraudulent or altered registry identification card.
Amends GS 90-94 by making conforming changes.
Amends proposed GS 90-113.127 by expanding upon the items that may be disclosed by the medical cannabis verification system, to include the adequate supply of the cannabis or cannabis-infused product.
Amends proposed GS 90-113.132 to require the rules adopted by DHHS related to packaging and labeling of cannabis and cannabis-infused products provide for uniform packaging and labeling, as well as safe, appropriate, and accurate packaging and labeling.
Senate amendment to the 1st edition makes the following changes. Amends GS 90-113.37A by reinstating the supervision requirements of certified criminal justice addictions professionals of one hour of supervision to every 40 hours of practice. No longer requires that the Board provide the form for documenting supervision. Adds that after two years as a certified criminal justice addictions professional, the ratio of supervision is one hour of supervision to every 80 hours of practice; after four years of practice as a certified criminal justice addictions professional, the ratio for supervision is reduced to one hour to every 160 hours of practice.
| Intro. by Krawiec, Burgin, Corbin. | GS 90 |
Senate committee substitute to the 1st edition deletes the content of the 1st edition and replaces it with the following text. Makes conforming changes to the act's titles.
Enacts new GS 143-805 to Article 84 of GS Chapter 143 (various technology regulations) governing high-risk platforms on government networks and devices. Defines network and device. Also defines high risk platform as the following applications, websites, and other products that pose an unacceptable level of cybersecurity threat to data: (1) TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited, (2) WeChat or any successor application or service developed or provided by Tencent Holdings Limited or an entity owned by Tencent Holdings Limited, (3) Telegram or any successor application or service developed or provided by Telegram FZ LLC or an entity owned by Telegram FZ LLC.
Defines public agency as any of the following: (1) all agencies and constitutional officers of the state, including all boards, departments, divisions, constituent institutions of The University of North Carolina, community colleges, and other units of government in the executive branch; (2) units of local government as defined in GS 159-7 (a municipal corporation that is not subject to the State Budget Act and that has the power to levy taxes, including a consolidated city-county, and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations); (3) public authorities as defined in GS 159-7 (a municipal corporation (other than a unit of local government) that is not subject to the State Budget Act or a local governmental authority, board, commission, council, or agency that (i) is not a municipal corporation; (ii) is not subject to the State Budget Act; and (iii) operates on an area, regional, or multi-unit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local government); and (4) public school units as defined in GS 115C-5 (local school administrative units, charter schools, and regional schools).
Bars public agencies, the judicial branch, and the legislative branch from using any high risk platform on the entity's network. Bars public agencies, the judicial branch, and the legislative branch from permitting their employees, elected officials, or appointees to install, use, or otherwise access a high risk platform on a device owned, leased, maintained, or otherwise controlled by any of these entities. Bars public agencies from permitting their students to access a high risk platform as described above on a device owned, leased, maintained, or otherwise controlled by the public agency.
Exempts officials or employees engaged in certain activities as part of their official duties (investigating or prosecuting crimes; identifying security or cybersecurity threats; protecting human life; establishing, testing, and maintaining firewalls, protocols, and otherwise implementing the statute; and participating in judicial or quasi-judicial proceedings) from the ban on installing, using, or otherwise accessing high risk platforms. Specifies that the new statute does not apply to users of an authorized account paying for use of communications services (cable, video programming, telecommunications, broadband, or high-speed Internet access service to the public, or any sector of the public, for a fee) under Article 16A of Chapter 160A of the General Statutes, including those communications services exempted under GS 160A-340.2(b) (communication services to an unserved area) or (c) (a city or joint agency providing communications services under certain conditions).
Specifies annual reporting requirements for public agencies to be submitted to the Chief Information Officer (CIO) by August 1 on the number of incidences of unauthorized uses and attempted uses of a high risk platform on that public agency's network; whether those unauthorized uses were by an employee, elected official, appointee, or student of that public agency; and whether any of those unauthorized uses were on a device owned, leased, maintained, or otherwise controlled by that public agency. Requires CIO to submit a compilation of that information to the specified NCGA committee.
Requires public agencies and the judicial and legislative branches to each adopt a policy governing the use of its network and the use of high risk platforms on devices owned, leased, maintained, or otherwise controlled by these entities by July 1, 2023.
Requires employees, elected officials, or appointees of a public agency, the judicial branch, and the legislative branch who have a high risk platform on a device owned, leased, maintained, or otherwise controlled by these entities to remove, delete, or uninstall the high risk device no later than April 15, 2023. Requires students of public agencies to do the same.
Amends GS 14-456 (making it criminal offense to deny computer services to authorized users) and GS 14-456.1 (making it a criminal offense to deny government computer services to authorized users) to exempt the denial of high-risk platforms as set forth in new GS 143-805 from these laws.
Requires CIO to publish recommendations for appropriate access to high risk platforms for the purposes authorized by the new GS 143-805 by no later than April 15, 2023.
Effective April 1, 2023.
Identical to H 44, filed 2/2/23.
Subject to voter approval at the statewide election on November 5, 2024, repeals Section 4 of Article VI of the North Carolina Constitution, which requires every person registering to vote to be able to read and write any section of the Constitution in the English language. If approved, effective upon certification.
| Intro. by Lowe, Perry, Lee. | CONST |
Adopts procedures for the Senate Select Committee on UNC Board of Governors (Senate Committee) for nominating and electing members of the UNC Board of Governors (BOG).
Makes it the duty of the Senate Committee to conduct a process for nominating and electing persons for each opening on the BOG to which the Senate is to elect members. Sets the time period for receiving BOG nominations as February 28 through March 6, 2023. The total number of open positions is six and each position is for a four-year term. Provides that a senator may propose candidates for nominations only for the openings available for election by the Senate and only on a written nomination form provided by the chair of the Senate Committee. Requires that the written nomination on the prescribed form be received in the office of the Senate principal clerk on or after Tuesday, February 28, 2023, and no later than 5:00 pm on Monday, March 6, 2023.
Requires nominees to file a completed Statement of Economic Interest with the North Carolina State Ethics Commission as required by law no later than 5:00 pm on Monday, March 6, 2023, as specified.
Requires the Senate Committee to list all nominees after the close of the nominations period on March 6, 2023. Directs the Senate Committee to screen the nominees as to their qualifications and background and provides that the Senate Committee may interview each nominee to ensure that suitable persons are nominated. Also provides that it is the duty of the Senate Committee to determine that each nominee is willing and able to serve and has no statutory disability. Requires the committee to vote to ensure that the slate of qualified candidates lists no more than twice the number of candidates for the total number of seats that are open. Directs the Senate Committee Chair to ascertain if the nominees are willing to serve if elected. Provides that any nominee may withdraw from nomination without the approval of that nominee’s sponsoring Senator.
Requires that the ballot be prepared under the supervision of the committee chair and that it include only the names of proposed nominees who have consented to run and for whom the Senate is entitled to vote. Names are to be listed on the ballot in alphabetical order by surname. Requires that the Senate hold its election no later than Wednesday, March 15, 2023. Requires that the committee chair explain the six specified voting rules before the voting begins. Senators are to vote for six persons for four-year terms and each ballot must be signed by the member casting the ballot. Prohibits counting any unsigned ballots. Provides that the Senate Committee chair is responsible for canvassing the vote and declaring the results. Requires the Senate Principal Clerk to keep the ballots as part of the permanent records and keep the ballots open for immediate public inspection. Provides that when the Senate Committee chair determines that the Senate has chosen six persons to serve as members of the BOG, the president of the Senate must entertain a motion for the simultaneous election of those persons; the vote must be called electronically. Requires the election results to be sent to the House of Representatives by special messenger.
Requires the Senate Committee chair to notify the secretary of the BOG of the names of the persons elected by the Senate and the term for which each person was elected.
Becomes effective upon adoption.
| Intro. by Rabon. | SENATE RES |
Identical to H 166, filed 2/21/23.
Renames the title of Article 29D of GS Chapter 115C to Religious Activity and Cultural Expression (currently, titled as Student Prayer and Religious Activity). Enacts new GS 115C-407.40, governing cultural expression at graduation ceremonies, as follows. Requires that any student who is, or is eligible to be, enrolled a member of a State or federally recognized Native American tribe be permitted to wear objects of cultural significance as part of the student's regalia at any graduation ceremony for a school within a public school unit in which the student is a graduating participant. Specifies that an object of cultural significance includes bird feathers and plumes.
| Intro. by Britt, McInnis, Perry. | GS 115C |
The Daily Bulletin: 2023-02-21
House committee substitute to the 1st edition makes the following changes.
Provides that the room occupancy tax that the Warren County Board of Commissioners (Board) may levy applies to gross receipts derived from the rental of an accommodation within the county (was, to the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the county). No longer excludes from taxation accommodations furnished by nonprofit charitable, educational, or religious organizations when furnished in furtherance of their nonprofit purpose. Makes organizational, technical, and conforming changes. Amends the definition of tourism-related expenditures to refer to expenditures designed to increase the use of accommodations (was, use of lodging facilities), meeting facilities, or convention facilities in the county or to attract tourists or business travelers to the county. Requires the Board to adopt a resolution, at the time it adopts a resolution levying the room occupancy tax, that creates a county Tourism Development Authority (was, adopt a resolution modifying the Warren County Tourism Development Authority to conform with the act's requirements). Requires the Authority to expend tax proceeds for promoting travel and tourism and for tourism-related expenditures as provided in the act (was, the Authority must promote travel, tourism, and conventions in the county, sponsor tourist-related events and activities in the county, and finance tourism-related capital projects in the county).
| Intro. by Wray. | Warren |
House committee substitute to the 1st edition makes the following changes.
Amends the act's short and long titles. Makes technical changes in Sections 1 and 2 of the act to the references to the Session Law being impacted.
| Intro. by Tyson. | Craven |
House committee substitute to the 1st edition makes the following changes. Further Amends SL 1971-530 by adding that beginning July 1, 2025, the amount of monthly compensation for the chair and members of the Halifax County Board of Education (Board) may be increased by a majority vote of the Board by an amount not to exceed 4% in any four-year period. Also allows, beginning July 1, 2023, the establishment of an expense allowance for the chair and members of the Board by a majority vote of the Board. Changes the effective date of the act from when the act becomes law to July 1, 2023. Makes conforming changes to the act's long title.
| Intro. by Wray. | Halifax |
House committee substitute to the 1st edition makes the following changes. Makes conforming change to Section 2 of SL 1981-983. Adds new section amending GS 153A-22.1(f) as enacted by SL 1995-215, as amended (establishing residency districts where candidates who represent the district are voted on by residents of the entire county), to have the law apply only to Henderson and Moore Counties (currently, applies to Henderson, Moore, and Wake Counties). Makes organizational changes.
| Intro. by Paré. | Wake |
House committee substitute to the 1st edition expands on the scope of the act so that it now also applies to Charlotte-Mecklenburg Schools, Davidson County Schools, Guilford County Schools, Jackson County Schools, Lexington City Schools, Swain County Schools, Thomasville City Schools, and Transylvania County Schools. Makes conforming changes to the act's titles.
| Intro. by Lambeth, K. Hall, Zenger. | Davidson, Forsyth, Guilford, Jackson, Mecklenburg, Stokes, Swain, Transylvania |
House committee substitute to the 1st edition expands the scope of the act so that it now also applies to Burke County Public Schools, Cleveland County Schools, Cumberland County School, Rutherford County Schools, Wake County Public Schools, and Yadkin County Schools. Changes the name of Hickory City Schools to Hickory Public Schools. Makes conforming changes to the act's titles.
| Intro. by Setzer. | Burke, Catawba, Cleveland, Cumberland, Davie, Rutherford, Wake, Yadkin |
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Buncombe County Schools and Asheville City Schools with additional flexibility in adopting their school calendars by removing those specified opening and closing dates. Applies beginning with the 2023-24 school year.
| Intro. by Prather, Ager, Rudow. | Buncombe |
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided. Amends GS 115C-84.2(d) to allow Craven County Schools to open as early as August 10 (currently, no earlier than the Monday closest to August 26), excluding year-round schools. Deletes the provisions of subsection (d) concerning waiver of the requirements upon a showing of good cause. Adds new language to GS 115C-174.12 allowing assessments to be given before the conclusion of the fall semester for local boards that have implemented a school calendar that concludes the fall semester prior to December 31. Applies beginning with the 2023-24 school year.
| Intro. by Tyson. | Craven |
The Daily Bulletin: 2023-02-21
Blank bill.
Blank bill.
Blank bill.
| Intro. by Batch. | Wake |
Actions on Bills: 2023-02-21
H 2: 2022 BUDGET TECHNICAL CORRECTIONS. (NEW)
H 29: SUPPORT PRIVATE PROPERTY RIGHTS.
H 34: PROTECT THOSE WHO SERVE AND PROTECT ACT.
H 35: EXPAND DEFINITION OF OPIOID ANTAGONIST.
H 41: HOTEL SAFETY ISSUES.
H 72: FIREARM SAFE STORAGE AWARENESS INITIATIVE.
H 75: PA TEAM-BASED PRACTICE.
H 108: LOCAL COMMUNICABLE DISEASE PROGRAMS/FUNDS.
H 142: PROTECT OUR STUDENTS ACT-AB. (NEW)
H 146: TAXPAYER PROTECTION ACT.
H 147: IMPAIRED DRIVING LAW REVISIONS.
H 148: DRIVING/REDUCE LEGAL BAC LEVEL.
H 149: REMOTE & VIRTUAL CHARTER/CC PRES CONFIRMATION. (NEW)
H 150: SCHOOL CONTRACTED HEALTH SERVICES.
H 151: TERM LIMITS FOR CONGRESS.
H 153: USE TRIBAL ID FOR ALCOHOL & TOBACCO PURCHASE.
H 154: FUNDS/FORSYTH UNITED WAY/SUMMER LEARNING.
H 155: CERT. OF TITLES FOR CERTAIN OFF-ROAD VEH. (NEW)
H 156: FUNDS FOR ESTABLISHING SAFE CULTURES.
H 157: STATE OF THE STATE INVITATION.
H 158: STANLY CC/CONTRACT DATE & MCC STATUS.
H 159: ADOPT OFFICIAL NC DOGWOOD FESTIVAL.
H 161: PROTECTING PROPERLY INSURED INDIVIDUALS.
H 162: LIVING DONOR PROTECTION ACT.
H 164: FUNDS FOR BURLINGTON-ALAMANCE REG. AIRPORT.
H 165: MAKE CORPORATIONS PAY THEIR FAIR SHARE.
H 166: AMERICAN INDIANS GRADUATING WITH HONORS ACT.
H 167: COMMUNITY ACTION ID CARD RESTRICTIONS.
H 168: DNCR AGENCY BILL.-AB
S 3: NC COMPASSIONATE CARE ACT.
S 41: GUARANTEE 2ND AMEND FREEDOM AND PROTECTIONS. (NEW)
S 45: CADC SUPERVISION REQUIREMENTS.
S 46: MEDICAL BILLING TRANSPARENCY.
S 52: OPEN MEETINGS/ADMINISTERING ORGANIZATIONS.
S 83: NO HIGH-RISK APPS/GOVERNMENT NETWORKS & DEVICES. (NEW)
S 130: FUNDS FOR TOWN OF JONESVILLE.
S 134: CURB UNDERWRITING ABUSES.
S 135: REGISTERED VET. TECH. MODIFICATION.
S 137: CONST. AMENDMENT/REPEAL LITERACY TEST.
S 138: SENATE BOG ELECTIONS.
S 139: AMERICAN INDIANS GRADUATING WITH HONORS ACT.
Actions on Bills: 2023-02-21
H 45: ADDRESS PANDEMIC LEARNING LOSS/ALAMANCE CO.
H 69: WARREN COUNTY OCCUPANCY TAX.
H 70: SCHOOL CALENDAR FLEXIBILITY/HALIFAX.
H 73: TOWN OF BRIDGETON - CHARTER AMENDMENT (NEW).
H 80: ST. JAMES OCCUPANCY TAX AUTHORIZATION.
H 81: INCREASE HALIFAX CO. BD. OF ED. COMPENSATION.
H 99: WAKE CO. BD. OF COMM. ELECTIONS. (NEW)
H 106: SCHOOL CALENDAR FLEXIBILITY/VARIOUS LEAS. (NEW)
H 111: SCHOOL CALENDAR FLEXIBILITY/DURHAM AND PERSON.
H 115: SCHOOL CALENDAR FLEXIBILITY. (NEW)
H 129: SCHOOL CALENDAR FLEXIBILITY/PITT COUNTY.
H 152: EVEN YR ELECTIONS/MAYSVILLE & POLLOCKSVILLE.
H 160: SCHOOL CAL. FLEXIBILITY/BUNCOMBE & ASHEVILLE.
H 163: SCHOOL CALENDAR FLEXIBILITY. (NEW)
S 131: 9TH SENATORIAL DISTRICT LOCAL ACT-1.
S 132: HIGH POINT ROW ANNEXATION. (NEW)
S 133: 27TH SENATORIAL DISTRICT LOCAL ACT-1.
S 136: 23RD SENATORIAL DISTRICT LOCAL ACT-1.
S 140: 12TH SENATORIAL DISTRICT LOCAL ACT-1.
S 141: 17TH SENATORIAL DISTRICT LOCAL ACT-1.
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