Senate committee substitute to the 3rd edition makes the following changes.

Amends proposed Article 24, Human Trafficking Public Awareness in Lodging Establishments as follows.

Amends proposed GS 130A-511 by also requiring lodging establishments to keep a training log with the name of the employee, training date, and name of the approved course. Requires that log to be available to the Department of Labor when requested and requires records for each employee to be retained for at least three years after the employee leaves employment. Also amends the timing of the required initial training by now requiring that employees of lodging establishments and third-party contractors that begin employment on or after July 1, 2025 (was, January 1, 2025), to complete training within 60 days of first providing services; those employed before July 1, 2025 (was, January 1, 2025), must complete the training by June 30, 2027 (was, December 31, 2026). Makes the same changes to the deadlines for the initial training for individuals working with vacation rental property and accommodation facilitators for vacation rentals under GS 42A-39. Makes conforming changes. Also amends GS 42A-39 to require that an accommodation facilitator’s report to the Department of Labor on the methods used to notify property managers of the statute’s requirements and their required compliance, be submitted with 30 days of request (was, report annually beginning by January 1, 2026).

Changes the deadline for the Department of Labor to make the training program available electronically to no later than July 1, 2025 (was, no later than January 1, 2025).

Removes the appropriations to the Administrative Office of the Courts (AOC) and Department of Labor.

Changes the effective date of new GS 130A-511 and new GS 42A-39 from January 1, 2025, to July 1, 2025.

Adds the following new content.

Section 5

Amends GS 14-43.17, which keeps confidential and excludes from public record the name, address, or other information that could lead to the identity of a victim, alleged victim or their immediate family member as follows.

Provides that except as provided in new subsection e, the statute does not apply to records that have been made part of a court file in the custody of the General Court of Justice unless the court has entered an order to seal a document. Adds new (e) which allows a victim or alleged victim in a criminal case, or their parent, guardian, or counsel if they are under age 18, to file a motion for victim confidentiality in the criminal case with the trial court in which the case was most recently pending. Requires for cases that have not yet been disposed that the court set the hearing date for the motion within 5 days of its filing; for those that have previously been disposed, requires a hearing date to be set for the motion within 20 days business days of the motion’s filing. Gives the victim, State, and defendant the right to be heard at the hearing. Sets out five issues the court must consider in ruling on the motion, including the negative impacts on the victim if the motion is denied or upon the State or defendant if the motion is granted, and the press’ and public’s right of access to criminal case files. Provides that if the victim’s motion is granted, they retain all of the protections given to victims under the statute, but nothing restricts the court, State, or defendant from accessing this information during the pendency of the case or for the purposes of appeal. Limits the motion to information within the file of the criminal case pursuant to which the motion was filed and requires specifying which information will be confidential. Requires the AOC Director to develop policies and practices for effectuating court orders granting these motions; sets out requirements for these policies and practices.

Specifies that AOC is not liable for damages for acts or omissions for its employees tasked with implementing this statute, unless there is gross negligence.

Applies to victims of crimes occurring on or after October 1, 2024.

Section 6

Amends GS 50-13.1 by expanding upon the convictions that must be disclosed by a person instituting an action or proceeding for custody, to also include a human trafficking offense, involuntary servitude offense, sexual servitude offense, and sexual exploitation of a minor, in addition to the already listed sexually violent offense. Requires these disclosures when the action or proceeding is pursuant to GS Chapter 50 or otherwise (was, in an action or proceeding for custody ex parte). Adds that any person instituting an action or proceeding for custody who has been granted or denied custody of any minor child in any jurisdiction must disclose that fact in the pleadings. Where a nonparty is seeking custody of a minor or being given custody of a minor in a consent order, the nonparent must attest in the pleading or consent order that nothing of value has been paid, given, offered, or promised in exchange for the minor child. Effective December 1, 2024.

Section 7

Enacts new GS 143-805, providing as follows.

Defines public agency as (1) all State agencies and offices of the members of the Council of State, including all boards, departments, divisions, constituent institutions of UNC, community colleges, and other units of government in the executive branch; (2) units of local government; (3) public authorities; and (4) public school units. Prohibits public agencies, the judicial branch, and the legislative branch, from allowing its employees to view pornography on the agency/branch’s network. Prohibits public agencies, judicial branch, and legislative branch from allowing an employee, elected official, or appointee to view pornography on a device owned, leased, maintained, or otherwise controlled by that agency/branch. Prohibits public agencies from allowing a student of that public agency to view pornography on a device owned, leased, maintained, or otherwise controlled by that agency. Sets out definitions for device, material, network, pornography, and sexual activity.

Requires each public agency and the judicial and legislative branches to adopt a policy governing the use of networks and devices they own, lease, maintain, or control, including disciplinary actions that will be taken for violations. Requires the policies to be adopted by October 1, 2024.

Excludes from these prohibitions employees or officials engaged in seven listed activities in the course of their official duties, including: investigating or prosecuting crimes, offering or participating in law enforcement training, or performing actions related to other law enforcement purposes; identifying potential security or cybersecurity threats; and conducting or participating in an externally funded research project at one of the UNC constituent institutions.

Specifies that the statute does not apply to the user of an authorized account paying for use of communications services under Article 16A, Public Enterprises, of GS Chapter 160A.

Requires each public agency to report annually to the State Chief Information Officer on the number of incidences of unauthorized viewing or attempted viewing of pornography on that public agency's network; whether or not the unauthorized viewing was by an employee, elected official, appointee, or student of that public agency; and whether or not any of the unauthorized viewing was on a device owned, leased, maintained, or otherwise controlled by that public agency. Requires the State Chief Information Officer to compile the information and report to the specified NCGA committee.

Requires any employee, elected official, or appointee of a public agency with pornography saved to a device owned, leased, maintained, or otherwise controlled by that public agency to remove, delete, or uninstall the pornography by August 15, 2024; requires the same of any student of a public agency and legislative or judicial branch employees, elected officials, or appointees. Specifies that this does not apply to an official or employee engaged in any of the activities listed in GS 143-805 in the course of that official's or employee's official duties.

Amends GS 14-456 (Class 1 misdemeanor for willfully and without authorization denying or causing the denial of computer, computer program, computer system, or computer network services to an authorized user) and GS 14-456.1 (Class H felony for any person to willfully and without authorization deny or cause the denial of government computer services) by excluding from those statutes the denial of pornographic viewing a required by new GS 143-805.

Requires the State Chief Information Officer to publish recommendations for appropriate viewing of pornography for the purposes authorized in GS 143-805(d) by August 15, 2024.

Section 8

Requires the Division of Social Services, Department of Health and Human Services, to consult with the State Human Trafficking Commission, then expand, further develop, and implement trainings on human trafficking to provide guidance to county child welfare staff, county social services attorneys, county social services directors, and all social services staff. Specifies that the training and guidance may include, but is not limited to: (1) incorporation of training in all state Learning Management Systems, biannual webinars, and other regularly scheduled training calls; (2) training of County Departments of Social Services attorneys biannually at regularly scheduled conferences; and (3) inclusion of training in County Departments of Social Services Directors biannual regional meetings and ongoing regular monthly meetings.

Section 9

Amends GS 74G-2 to give a certified campus police agency access to the Criminal Justice Law Enforcement Automated Data System, unless contrary to any federal law, regulation or requirement, upon (1) request of the agency and (2) compliance with the requirements established by the GDA for access to that system. Applies to requests for access made on or after July 1, 2024.

Section 10

Enacts new GS 122A-22.1 to exclude from public records documents, papers, letters, photos, or any other information given to or compiled by the House Finance Agency for the purposes of financing housing for victims of domestic violence, sexual assault, and human trafficking.

Section 11

Amends GS 15B-2 to define victim, as it is used in the Crime Victim's Compensation Act, to also include a person who suffers economic loss or substantial emotion distress proximately caused by criminally injurious conduct. Applies to victims of crimes occurring on or after October 1, 2024.

Makes organizational change and conforming changes to the act’s titles.

House committee substitute to the 2nd edition makes the following changes.

Amends proposed GS 130A-511, concerning the required human trafficking awareness training, as follows. Adds the Department of Health and Human Services (DHHS) to the list of agencies that the Department of Labor (DOL) must consult with in developing the training.  Expands the formats in which the training is accessible to include in-person and classroom settings (currently, just electronic).  Requires that employees and third-party contractors performing housekeeping services of lodging establishments beginning employment on or after January 1, 2025, complete the training within 60 days of first providing services to the lodging establishment.  Narrows the persons subject to any penalty for willful and knowing violations of GS 130A-511 to lodging establishments and third-party contractors. 

Adds defined term property manager (a landlord as defined in GS 42A-4 or real estate broker as defined in GS 93A-2 that has primary responsibility for the listing, supervision, or maintenance of a vacation rental; does not include a landlord that delegates all listing, supervisory, and maintenance responsibilities to a real estate broker) to GS 42A-39 (human trafficking awareness reporting and training requirements) and removes terms landlord and real estate broker. Now directs that the property manager implement a procedure for reporting suspected human trafficking (was, landlord). Removes requirement that any real estate broker or employees performing housekeeping or check-in/check-out services for the vacation rental take the human trafficking awareness training. Adds 60-day deadline from date of first providing services to the vacation rental for employees of the property manager hired on or after January 1, 2025, to complete the training. Specifies that the type of vacation rental which triggers the initial training deadline of December 31, 2026, are those rentals initially offered for lease prior to January 1, 2025 (was, rentals offered for lease prior to January 1, 2025). Changes the reporting entity for rentals listed through an accommodation facilitator to DOL (was, DHHS). Requires accommodation facilitators to submit a certification of compliance with their report to DOL (was, requirement to verify compliance). Narrows the persons subject to any penalty for willful and knowing violations of GS 42A-39 to property managers and third-party contractors. Makes it an unfair trade practice for a property manager to intentionally make a material misstatement in an acknowledgment of human trafficking awareness completion. 

Changes the entity responsible for developing or identifying a human trafficking awareness training program that complies with the act from DHHS to DOL.

Decreases the appropriation from the General Fund to the Administrative Office of the Courts from $500,000 to $450,000 in nonrecurring funds for the 2024-25 fiscal year. Appropriates $50,000 for 2024-25 from the General Fund to DOL to develop or identify the required training and to administer this act. 

Makes conforming changes.    

Changes the act’s long title.