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Amends GS 20-158 by adding subsections concerning the use of traffic control photographic systems (photo systems) by the Department of Transportation and local authorities to enforce regulations related to vehicle control at intersections with traffic signals. Defines a statutory violation detected by a photo system as when a vehicle enters and proceeds into the intersection after the onset of the signal display of a steady circular red or steady red arrow controlling traffic approaching the intersection and the applicable red clearance interval has expired. Mandates that all photo systems be designed with an appropriate red clearance interval. Requires that the duration of the yellow light change interval and the red clearance interval at intersections where photo systems are in use be no less than the yellow light change interval and the red clearance interval durations specified on the traffic signal plan of record, signed and sealed by a licensed professional engineer,  and comply with the most recently adopted Manual on Uniform Traffic Control Devices. Effective 60 days after the date the act becomes law. Applies to any enforcement of GS 20-158 by a photo system, including by any municipality authorized to use traffic control photographic systems to enforce GS 20-158 under GS 160A-300.1, as amended.

Part I.

Enacts new GS Chapter 18D, establishing registration and licensure requirements and procedures governing the operation of cannabis establishments, and making possession and use of cannabis for personal use by persons at least 21 years of age lawful within the statutory possession limit. States legislative findings. Excludes Article 43 of GS Chapter 90, as enacted and governing medical cannabis, from the scope of the new Chapter. Creates the Office of Social Equity (Office) within the Department of Public Safety, and provides for the Office's executive director, funding, and powers and duties, which include defining social equity applicant, advising the Department of Public Safety, providing reporting, investigating establishments, and administering three funds established by the act: the Community Reinvestment and Repair Fund, the Social Equity Fund, and the Cannabis Education and Technical Assistance Fund. 

Charges the Department of Public Safety (Department) with cannabis establishment registration issuance and annual renewal. Provides for conditional approval for applicants that have not yet purchased or leased the establishment location. Subjects registered establishments to Department inspection. Requires establishments operating with on-site consumption to be issued a permit, license, or registration that expressly allows such operation by the local regulatory authority of the locality. Authorizes local prohibition of establishments by ordinance, so long as transportation through or delivery within the locality is permitted. Authorizes localities to govern the time, place, manner, and number of operations consistent with the Chapter. Bars host community agreements whereby establishments or applicants provide anything of value to the locality.

Makes possession, transfer, and use of cannabis by persons at least 21 years of age lawful within the statutory possession limit, defined as: (1) two ounces of cannabis, excluding concentrated cannabis or cannabis products; (2) 15 grams of concentrated cannabis; (3) cannabis products containing no more than 2,000 mg of tetrahydrocannabinol; (4) six cannabis plants; or (5) any additional cannabis produced by the person's cannabis plants provided that possession exceeding these limits is limited to the same property of cultivation. Establishes restrictions for cultivating cannabis plants, including requiring cultivation out of public view and taking reasonable precautions to secure the plants from unauthorized access by minors, with violations constituting infractions punishable by up tp $750 or up to 75 hours of community service. Makes it an infraction, punishable by a fine of up to $50 or up to five hours of community service, to smoke cannabis in a public place or in an area of an on-site consumption establishment where smoking is prohibited. Makes it an infraction to operate a motor vehicle or motorized device used for transportation, punishable by a fine of up to $250, up to 25 hours of community service, and/or license suspension for up to six months. Provides increased penalties for subsequent offenses. 

Makes it an infraction, punishable by a fine of up to $150 or up to 15 hours of community service, for a person under 21 to present false identification in procuring or attempting to procure cannabis, or gaining access to a cannabis establishment. Makes specified extractions from cannabis a Class E felony, punishable by a fine of up to $5,000. Makes possession, use, distribution, or manufacture of cannabis accessories by persons 21 or older lawful, subject to Department rules. For violations, makes a first offense an infraction punishable by a fine of up to $1,000 and forfeiture, and a second offenses a Class A1 misdemeanor punishable by a fine of up to $5,000 and/or up to 180 days in jail and forfeiture. Establishes penalties and court-ordered entry into substance abuse treatment and/or education programs for juveniles and persons over 18 for possessing, using, or purchasing cannabis or cannabis accessories.  Prohibits discrimination in employment and professional licensure and public assistance benefits, and prohibits arresting, prosecuting, or assessing a penalty solely for conduct permitted by the Chapter. Provides other protections relating to child custody or visitation, State or local government benefits and entitlement, medical care, and conditions of pretrial release.

The Chapter does not prevent government employers from disciplining employees or contractors for consumption in the workplace or working while impaired, nor prevent penalization of conduct under the influence which would constitute negligence or professional malpractice. Provides for the Chapter to not apply when it conflicts with the governmental employers' federal obligations or federal monetary or licensing-related benefits. Deems operation of a registered establishment lawful, subject to the Chapter, Department rules, and local authorities. Details requirements for establishments to verify that consumers are 21 or older and provides for an affirmative defense to prosecutions for violations. Provides protections from discrimination for the provision of services to or previous employment at a cannabis establishment. Provides for the rights of property owners and protections for tenants with prior cannabis-related convictions. Deems contracts related to establishment operation enforceable. Details restrictions of law enforcement and State and local governments with respect to conduct permitted under the Chapter. 

Requires the Department to adopt necessary implementing rules within 180 days of January 1, 2022, as specified, and include 27 specified regulations. 

Establishes a 30% cannabis excise tax for sales of cannabis and cannabis products, excluding sales of medical cannabis pursuant to applicable law. Details tax collection and administration. Allows municipalities to levy a local excise tax of 2%, excluding sales of medical cannabis. Details local tax collection and administration. Provides for apportionment of the cannabis excise tax for specified funds and purposes.

Effective January 1, 2026, and applies to offenses committed on or after that date. 

Part II.

Enacts GS 15A-145.8B, mandating the automatic expunction of convictions for offenses involving marijuana or hashish that is legal under new GS Chapter 18D by July 1, 2026. Charges the Administrative Office of the Courts (AOC) with determining eligible offenses, creating an electronic list of offenses, and providing the list to clerks of superior court by October 1, 2025, to prepare and complete orders of expungement. Provides for expungement of related government records, except DNA records and samples stored, and reversal of administration actions taken as a result from the charges or convictions expunged. Provides for the effect of the expunction. Effective January 1, 2024.

Part III.

Makes conforming repeals in the following statutory sections to reflect the new enactments: GS 90-87, GS 90-94, GS 90-95, GS 90-113.22A, GS 90-113.21, GS 105-113.106, GS 105-113.107, GS 105-113-107A, GS 105-113.108, GS 106-134, GS 148-64.1, and GS 90-94.1.

Makes conforming changes to GS 105-113.106, defining dealer to exclude possession of marijuana. 

Effective January 1, 2026.

Part IV.

Includes a severability clause.

Provides a savings clause for prosecutions for offenses committed before the effective date of the act.

To be summarized.

Titles the act as the Economic Stability Act. Enacts GS 95-31.1, requiring a call center employer that employs at least 200 employees for the purpose of customer service or back-office operations to notify both their employees and the Commissioner of Labor at least 15 days prior to relocating its call center, or relocating one or more facilities or operating units comprising of 70% or more of the center or unit's total volume. Excludes part-time employees from the threshold that brings call center employers within the scope of the act. Applies to relocations occurring on or after the date the act becomes law. 

Part I

Adds defined terms broadband service (Internet access service of at least 25 megabits per second download and at least 3 megabits per second upload, regardless of the technology or medium used to provide the service), served area (a designated geographic area that presently has access to broadband service; may also include individual homes and businesses), underserved area (a designated geographic area that (1) presently does not have broadband service and (2) has transmission speeds of less than 25 megabits per second download and 3 megabits per second upload; may also include individual homes and businesses), and unserved area (a designated geographic area that presently does not have broadband service; may also include individual homes and businesses) to definitions provision of GS 143B-1320 (pertaining to the Department of Information Technology). Makes conforming changes to definitions in the Growing Rural Economies with Access to Technology (GREAT) Program (GS 143B-1373), the Satellite-Based Broadband Grant Program (GS 143B-1374), county broadband acceleration (GS 153A-459), GS 160A-340 (definitions provision of statute pertaining to communication services by cities), and GS 146-29.2 (pertaining to lease or interests in real property for communication purposes of state land).

Effective July 1, 2024, further amends the definitions in GS 143B-1320 as amended by the act. Defines broadband service to mean internet access service of at least 100 megabits per second download and at least 20 megabits per second upload. Defines underserved area as a designated geographic area that (1) presently does not have broadband service and (2) has transmission speeds of less than 100 megabits per second download and 20 megabits per second upload. Defines unserved area as a designated geographic area that presently does not have broadband service or presently has transmission speeds of 25 megabits per second download and 3 megabits per second upload, or less, but does not have transmission speeds meeting the definition of broadband service. 

Appropriates $100,000 from the General Fund to the Department of Information Technology (Department) in nonrecurring funds for the 2023-24 fiscal year to update requirements of broadband programs administered by the Department that are impacted by the increased broadband speed benchmarks established in the act and other administrative costs associated with broadband grant programs. Effective July 1, 2023.

Part II

Enacts new GS 153A-461 giving counties the authority to install or maintain broadband infrastructure to be leased to a private provider if: (1) the lessee is a person operating for profit in this state to provide broadband services to customers and (2) the county has at least one of the following: more than 4.75% of the county is without a provider of broadband infrastructure, or a major military installation. Enacts new GS 160A-499.6 giving cities the authority to install or maintain broadband infrastructure to be leased to a private provider if: (1) the city has at least 60% of its population lying in one of the counties in GS 153A-461(a)(2) (has more than four 4.75% of the county without a provider of broadband infrastructure, or a major military installation) and (2) the lessee is a person operating for profit in this state to provide broadband services to customers. Both statutes contain the following provisions. Defines broadband infrastructure as wireline or wireless infrastructure capable of providing terrestrially deployed Internet access service with transmission speeds of at least 25 megabits per second (Mbps) download and at least three megabits per second upload (25:3) or as defined by the Federal Communications Commission, whichever speeds are faster. Allows using ad valorem taxes or any other unencumbered funds in exercising the authority granted under these statutes. Requires holding a public hearing before adopting any resolution at a regular meeting stating intent to install broadband infrastructure for the purpose of leasing in accordance with the specified statute. Sets out requirements for the notice of the hearing, including requiring that it be published at least once, no less than one week before the hearing date. Requires the county/city to prepare a report before beginning installation of broadband infrastructure, to be available in the clerk's office for at least 90 days before the public hearing, that contains: (1) a business plan for providing broadband infrastructure; (2) results of a feasibility study to determine needs and available resources and information specified in the statute. Specifies that the statutes do not grant authority, and must not be construed to do so, to a county/city to use broadband infrastructure constructed under these statutes to provide communications services as defined in under the specified statute or in accordance with Article 16A of GS Chapter 160A (Provision of Communications Service by Cities).

Amends GS 153A-149 and GS 160A-209 to allow levying property taxes to construct wireline and wireless infrastructure. Effective for taxable years beginning on or after July 1, 2023.

Amends GS 159-81 to allow broadband infrastructure for the purpose of leasing under new GS 160A-272.5 to be revenue bond projects.

Enacts new GS 160A-272.5 governing the lease of broadband infrastructure installed or maintained in accordance with GS 153A-461 or GS 160A-499.6 to a private provider for delivery of service to customers. Allows the lease to be for up to 25 years. Requires property to be leased under a resolution of the governing board that authorizes the execution of the lease agreement adopted at a regular governing board meeting; requires 30 days' notice. Requires all leases to meet the following requirements: (1) the lease must be entered into on a technology neutral basis, (2) the lease must be open to similarly situated private providers on comparable terms and conditions, and (3) requests for proposals must be solicited by the governing board before adopting the resolution authorizing the execution of the lease--sets out additional requirements for the requests for proposals and the related advertisements. Specifies that in determining the term of a proposed lease, periods that may be added to the original term by options to renew or extend must be included. Applies to leases entered into on or after October 1, 2023.

Amends GS 160A-321 to provide that as to transfers to another governmental entity, a city-owned public enterprise must not be discontinued in its entirety (was, discontinued), unless the proposal to discontinue in its entirety is first submitted to a vote and approved by a majority of voters.

Amends GS 160A-340.2 by prohibiting broadband infrastructure constructed by a city for the purpose of leasing under new GS 160A-272.5 from being used to provide communication services under Article 16A (Provision of Communications Service by Cities) of GS Chapter 160A.

Effective October 1, 2023, except as otherwise provided.

Part III

Amends GS 136-18 to give the Department of Transportation (DOT) authority to construct conduits for telecommunications cables within the State right-of-way, with construction borne through the leasing of the conduit to private telecommunications companies, provided that the construction and leasing is not otherwise prohibited by any other federal or State law. Creates the Conduit Installation Account in the Information Technology Fund to receive revenues from conduit leasing with funds in the Account used to fund the installation and maintenance of telecommunications conduit within the State right-of-way and to support the administration of this new subdivision. Requires excess revenues in the fund to remain in the fund to advance additional projects across the state.

Enacts GS 136-44.18 to require DOT, in collaboration with the Department, to include in its planning for roads with a minimum length of 2,500 feet the installation of conduit for telecommunications  cables when: (1) less than 90% of households in the county where the road project is located have access to high-speed data or telecommunications services and (2) before advertising the project, a provider of high-speed data Internet provides DOT with a letter indicating its interest in leasing the conduit and enters into a lease agreement or provides a bond in the amount of the anticipated construction costs.

Requires DOT, in collaboration with the Department, to report annually beginning by May 1, 2024, to the specified NCGA committee on its progress in implementing the program to install telecommunications conduit authorized by this act. Specifies information that is to be included in the initial and subsequent reports. 

Part IV

Amends GS 143B-1373 (the GREAT Program) to require private providers proposing broadband projects with a completions time line of greater than two years to disclose written documentation justifying the time line. Amends the time period that protected project area remains protected under the program from just until project completion to until project completion, or three years, whichever is lesser. Specifies that the project protection will not prohibit another eligible project from deploying broadband infrastructure in a protected project area if that broadband infrastructure deployment is necessary to provide broadband service to the unserved area identified in a grant application submitted under this section. Bars protests of applications proposing deployment of broadband infrastructure in a protected project area. Adds further specifications to the Broadband Infrastructure Office’s required scoring system of project applicants. Permits that office to prioritize applications that don’t exceed the two-year timeline set forth in GS 143B-1373(c). Makes conforming changes to Section 38.4(a) of SL 2021-180 (base budget appropriations pertaining to the GREAT Program).  

Permits the Office of State Budget and Management (OMB), in consultation with the Director of the Budget, to reallocate State Fiscal Recovery Fund funds appropriated by an act of the General Assembly under all of the following conditions only: (1) the appropriated funds were recouped or unallocated and are otherwise unexpended as of the effective date of the act; (2) the reallocation is made to support broadband infrastructure project grants and the use of funds are otherwise allowable under applicable federal regulations. Bars reallocation from being used for any new activity, purpose, or program; (3) to the extent that funds reallocated pursuant to the act are unappropriated, including interest accrual exceeding what is anticipated in the act, specifies that those funds are appropriated and available for use pursuant to the act; and (4) requires OMB The to report to the Fiscal Research Division on reallocations made pursuant to the act. Sets forth the General Assembly’s intent regarding the use of the funds received by the State from the federal Infrastructure Investment and Jobs Act (P.L. 117-58) intended for broadband. 

Part V

Requires the North Carolina Collaboratory (Collaboratory) to study the impacts of lack of broadband service on access to emergency services in rural areas of the State and focus specifically on impacts to elderly and disabled residents in those affected areas. Local governments and the Department must assist the Collaboratory with any data needed to assist in the study. Requires the Collaboratory to report the results of the study to the specified NCGA committees on or before February 1, 2024. Appropriates $1 million from the General Fund to the Collaboratory in nonrecurring funds for the 2023-24 fiscal year to be used to conduct the study. Specifies that the funds will revert in accordance with State law. Effective July 1, 2023.

Enacts GS 63-94.1, explicitly providing that the the provisions of Article 10 regulating the operation of unmanned aircraft systems are preempted by the federal government's exclusive sovereignty of airspace pursuant to federal law, and any contradictory interpretation or application of Article 10 is void.

To be summarized.

Substantively identical to S 109, filed 2/15/23, except includes whereas clauses.

Enacts new GS 15A-1340.13A, which provides that no crime shall be punishable by death. Makes conforming changes to criminal laws and procedures in GS Chapters 7A, 14, 15, and 15A by removing all reference to punishment by death. Repeals GS Chapter 15, Subchapter XV, related to capital punishment.

Amends GS Chapter 90 to remove language in the practice acts referencing the role of doctors, nurses, and pharmacists participating in an execution.

Directs the Attorney General to petition courts to vacate every death sentence and resentence the person to life imprisonment without the possibility of parole.   

Effective when the act becomes law and applies to any person sentenced to death before, on, or after that date.

Amends GS 116-209.16A, which requires the State Education Authority to provide information on a website under the "Know Before You Go" section to assist students and parents in selecting major and career options. Requires information on the website to assist in selection of major and career options in the State as well as each of the State's prosperity zones. Sets out definitions that apply in the statute. Amends the information that must be provided for career options to also include highest demand career areas and information on projected needs in the labor economy in the State and each prosperity zone. Amends the information that must be provided for major options to include information based on aggregate data for outcomes of public and private institutions of higher education and vocational and technical schools (was, public and private institutions of higher education only) in North Carolina. Expands upon the outcome information that is to be included as follows: (1) adds average tuition for public and private institutions of higher education and vocational and technical schools; (2) requires average and median amounts of loan debt upon graduation to also be listed among graduates for four-year institutions of higher education, community colleges, and vocational and technical schools; (3) adds average monthly student loan payments from four-year institutions of higher education, community colleges, and vocational and technical schools; (4) requires average and median salary to also be listed among graduates from four-year institutions of higher education, community colleges, and vocational and technical schools; and (5) requires the percentage of graduates employed within six months of graduation to be listed among graduates from four-year institutions of higher education, community colleges, and vocational and technical schools. Effective January 1, 2024.

Amends GS 115C-12 to add to the State Board of Education's (State Board) duties the requirement for the State Board and Department of Public Instruction to collaborate with the Department of Commerce and the Department of Labor in collecting data for local boards of education to provide to sophomores to enable them to make informed decisions about postsecondary education choices and their professional futures through the "Know Before You Go" programs. Effective January 1, 2024, amends GS 115C-47 by requiring local boards of education to provide a program for high school sophomores with the information contained on the "Know Before You Go" website and the information compiled by the Department of Public Instruction to allow students to make informed decisions about postsecondary education choices and their professional futures.

Requires, through the longitudinal data system, that the Department of Commerce, the Department of Labor, and the Department of Public Instruction annually collect and compile data for the "Know Before You Go" website and for the programs operated by local boards of education under amended GS 115C-47, including at least the 10 stated elements, including: (1) the most in-demand jobs in the state and each prosperity zone, including the starting salary and education level required for those jobs; (2) the average three-year student loan default rate for all public and private institutions of higher education and vocational and technical schools in the state; (3) the average graduation rate for all public and private institutions of higher education and vocational and technical schools in the state; (4) the share of college graduates working in an occupation that does not require a college degree for each major; and (5) average starting salaries for graduates from various types of programs. 

Requires, from funds appropriated in this section, that the Department of Public Instruction establish the Career Path Options Grant Program for the 2023-24 school year for local boards of education to apply for funds to provide students with the information required under amended GS 115C-47. Requires grant funds to be used to promote and distribute program materials, including printing and distribution costs, and allows using funds to hire or pay supplemental compensation to career coaches or career development coordinators to support students through the program. Appropriates $500,000 for 2023-24 from the General Fund to the Department of Public Instruction to implement the grant program. Effective July 1, 2023. 

Amends GS 47B-3 to provide that marketable record title does not affect or extinguish restrictive covenants applicable to a general or uniform scheme of single-family or multifamily residential development (was, covenants applicable to a general or uniform scheme of development that restrict the property to residential use only) if the covenants are otherwise enforceable. Makes a conforming deletion of the provision that allowed the excepted covenant to restrict the property to multi-family or single family residential use or simply to residential use. Makes additional conforming and clarifying changes.

Enacts new Article 2B, the Social Media Algorithmic Control in Information Technology Act, to GS Chapter 75, effective October 1, 2024. Sets forth defined terms. Defines algorithmic recommendation system as a fully or partially automated system used to suggest, promote, or rank information. Makes findings related to the harm unhealthy social media use can impose on minors. Finds that exploitation of user data can result in users being targeted in ways that increase unhealthy social media use. States that the State’s policy is that user data must be respected by platform operators and that users who are minors warrant special protections. Requires operators of social media platforms to comply with all of the following five requirements: (1) the platform's privacy policy must be accessible on the platform's website with the disclosure of how user data will be used by the platform stated in a succinct and easy to understand statement that communicates the true intent of the use in less than 250 words; (2) user data may be used in algorithmic recommendations only when the user has been notified and consents to the use of the data in such manner; (3) requests for data access that will be used to inform algorithmic recommendations must require full disclosure of the use of the data, including third-party use (requires this to be separate and distinct from the platform's terms of service notification); (4) the platform must be fully functional for a user without the user having to give consent for their user data to be used to inform algorithmic recommendations; and (5) the platform must use an age verification system that requires a user to self-attest to their age.

Starting on October 1, 2024, and then annually thereafter, requires social media platforms to provide the Consumer Protection Division of the North Carolina Department of Justice (Division) with a digital copy of the platform's privacy policy and certification that the platform has complied with the requirements of the act. Requires platforms to provide notice of substantive privacy policy changes to the registry. Requires the Division to maintain a registry of the policies and certifications on its internet website.

Requires social media platforms to control algorithmic recommendation systems so that no minor’s user data is used to: (1) inform algorithmic recommendations and (2) inform what advertisements or promotions are shown to minors that are not shown to the minor based on their explicit actions (e.g., searching for the product). Specifies that the operator of a social media platform may be held liable if the operator of the social media platform knew or had reason to know that the user was a minor. Clarifies that the operator of a social media platform that has made an estimation of a user's age based upon the user's self-attestation is not liable if the user was a minor who falsely attested to not being a minor.

Specifies that, effective January 1, 2025, violations of the act constitute an unfair or deceptive act or practice under State consumer protection law. Requires the Attorney General to monitor platforms for compliance. Authorizes individuals to bring a private right of action if the individual is harmed by a violation of the act. Creates the NC Data Privacy Task Force (Task Force) to consist of 21 specified members. Establishes appointment and vacancy processes. Requires the Task Force to report annually on its work, with a special focus on mental health issues related to social media, along with findings, recommendations, and any legislative proposals to the NCGA starting March 15, 2024.  

Effective July 1, 2023, appropriates $100,000 from the General Fund to the Department for the 2023-24 fiscal year to develop the registry created enacted by the act.

Identical to S 107, filed 2/14/23.

Includes whereas clauses. 

Amends GS 115C-457.3, adding a new subsection to direct any amount of funds in excess of legislative appropriations for a fiscal year in the Current Operations Appropriations Act for the Civil Penalty and Forfeiture Fund to be transferred to the School Technology Fund in the same fiscal year in which the excess funds are collected. 

Directs the Department of Public Instruction (DPI) to allocate these funds to local school administrative units on a per pupil basis to be credited toward the remaining judgement in the specified case until the judgement is satisfied. Requires DPI to send written notice to the NC School Boards Association (a party in the specified case) upon the transfer of excess funds as provided in GS 115C-457.3, as amended. 

Directs that in any fiscal year funds are legislatively appropriated from a source other than the Civil Penalty and Forfeiture Fund for capital improvements for school technology for local school administrative units, the funds must be credited toward the same identified judgement until the judgement is satisfied. Directs DPI to send written notice to the NC School Boards Association within 60 days after the end of each fiscal year of any funds credited toward the remaining judgement. 

Directs the Legislative Research Commission to study the ways the State must satisfy the remainder of the judgement in the identified case, including sources of funding to satisfy the judgement and the time line for payments to be made within a 10-year period. Directs the LRC to report to the 2023 NCGA by March 15, 2024.

Enacts new Article 31A to GS Chapter 120, pertaining to faithful Article V commissioners. Makes findings related to interstate conventions authorized by Article V of the US Constitution. Sets forth defined terms. Specifies that the article’s purposes are to (1) clarify the scope of authority of commissioners and committees representing the legislature of the State at interstate conventions, (2) provide for enforcing limits on such authority, (3) provide methods of selecting and replacing commissioners to conventions, and (4) prescribe an oath to be taken by interstate convention commissioners. Sets forth processes to establish the number, selection, and removal of commissioners. Provides for filling of vacancies. Specifies that the authority granted to the commissioners in the case of a convention for proposing amendments cannot exceed the narrowest of (1) the scope of the congressional call, (2) the scope of the narrowest application among those cited by Congress as mandating the convention call, or (3) the actual terms of the application. Specifies that a person exceeds the scope of authority at an interstate convention if, while serving as a delegate at an interstate convention, he or she votes for, votes to consider, or otherwise promotes any action of the convention not within the scope defined in the act; provided, however, that a delegate may vote for or otherwise support a measure clearly identified as a nonbinding recommendation rather than as a formal proposal. Sets out the oath that commissioners must take. Specifies that a person exceeding the scope of authority under the act is guilty of a Class I felony.

Establishes standards for surgical smoke evacuation in hospitals (new GS 131E-78.4) and ambulatory surgical facilities (new GS 131E-147.2). Requires licensed hospitals and ambulatory surgical facilities to adopt and implement policies that require the use of smoke evacuation systems during any surgical procedure likely to generate surgical smoke. Defines smoke evacuation system and surgical smoke. Authorizes the Department of Health and Human Services to take adverse action for violations. Effective January 1, 2024.

Includes whereas clauses.

As title indicates. 

Amends GS 90-85.3A to allow a pharmacist to order and perform a CLIA-waived test to: (1) assist with clinical decision making related to the use and monitoring of medications and (2) treat influenza, COVID-19, pharyngitis caused by streptococcus, and other health conditions screened by using a CLIA-waived test in accordance with rules and protocols adopted by the Board of Pharmacy in consultation with the State Health Director and the North Carolina Medical Board. Prohibits a pharmacist from treating a health condition under GS 90-85.3A with any controlled Schedule 1-IV controlled substance. Defines CLIA-waived test as a lab test approved by the FDA and determined by the Centers for Medicare and Medicaid Services to qualify for a waiver under the federal Clinical Laboratory Improvement Amendments of 1988 and safe for use in non-laboratory settings. Also defines FDA and ACIP (CDC Advisory Committee on Immunization Practices).

Amends GS 90-85.15B to authorize an immunizing pharmacist to administer vaccines either authorized by the FDA, or licensed by the FDA and recommended by the ACIP to persons at least three years of age or older, according to the standard immunization schedules of the ACIP. Allows pharmacy interns and technicians to administer those same vaccines to persons three years of age or older so long as the vaccines are administered under written protocols and the vaccination is ordered by the supervising immunizing physician. Deletes provisions of section limiting administration of vaccines by pharmacists to persons aged 18 and older unless certain exceptions apply. Specifies that if the patient is 18 years of age or younger, the immunizing pharmacist must notify any pediatrician or primary care provider identified by the patient's parent or guardian within 72 hours after administration of the vaccine or immunization. If the patient's parent or guardian does not identify a pediatrician or primary care provider, specifies that the immunizing pharmacist must direct the patient to information describing the benefits to a patient of having a pediatrician or primary care physician, prepared by any of the following entities: North Carolina Medical Board, North Carolina Academy of Family Physicians, North Carolina Medical Society, North Carolina Pediatric Society, or Community Care of North Carolina. Makes conforming and technical changes. Effective October 1, 2023.

Enacts GS 58-50-296, pertaining to reimbursement and coverage of services provided by pharmacists. Requires that health care benefit plans offered by insurers in this State reimburse a pharmacist at the same rate that other advanced practice or mid-level health care providers, such as nurse practitioners or physician assistants, are reimbursed when providing the same or equivalent health care services or procedures if all of the following are met: (1) the service or procedure was performed within the pharmacist's licensed lawful scope of practice; (2) the health benefit plan would have provided reimbursement if the service or procedure had been performed by another health care provider; and (3) the pharmacist provided the service or procedure in compliance with any requirements of the insurer related to the service or procedure. Requires same insurers to accept credentialing for pharmacists employed or contracted with facilities that the insurers have delegated credentialing agreements to. Requires reimbursement to contracted health care facility or contracted pharmacist directly for services provided by a pharmacist within their scope of practice regardless of whether the pharmacist is a participating provider in the insurer’s network. Specifies that the participation of a pharmacy in a drug benefit provider network of an insurer offering a health benefit plan in this State does not satisfy any requirement that insurers offering health benefit plans include pharmacists in medical benefit provider networks. Specifies that GS 58-50-296 also applies to agents of an insurer offering a health benefit plan in this State and third-party administrators. Effective October 1, 2023, and applies to contracts entered into, renewed, or amended on or after that date.

Permits the NC Board of Pharmacy to adopt temporary rules to implement the act.

Amends GS 160A-601(4), pertaining to the Regional Public Transportation Authority (Authority), to define public transportation to include a buspool. Changes the description of geographic boundaries of the mode of transportation from territorial jurisdiction to service area. Amends GS 160A-610 (powers of the Authority) to specify that buspools are not subject to the limitation that service cannot be provided more than ten miles outside of the territorial jurisdiction of the authority. Makes technical and conforming changes, including referring to the Authority's service area instead of territorial jurisdiction. Effective July 1, 2023.

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Adds a new section GS 62-30.1 authorizing the state Utilities Commission to, upon petition, designate a petitioning provider or reseller of mobile radio communications services that are equipped with “Lifeline” service to be eligible telecommunications carriers for federal universal service funds under federal regulatory law (47 CFR 54.201). Provides that such authority does not otherwise confer regulatory jurisdiction. Authorizes the state Utilities Commission to adopt related rules.

To be summarized.

Enacts Article 26 to GS Chapter 53 to be cited as the "Small Business Truth in Financing Act." Sets forth 13 defined terms. Excludes from the scope of the Article: financial institutions (including its holding company, subsidiaries, and affiliates under common ownership, direction, or control); lenders regulated under Chapter 23 (Farm Credit System) of Title 12 of the US Code; persons that make no more than five commercial financing transactions in the State in a 12-month period; a motor vehicle dealer or any affiliate, employee, or agent of a dealer or any person or entity providing financing for the purchase of a motor vehicle or a recreation vehicle; any officer or employee of an entity above when acting within the scope of their employment; and a person that is presenting a financing offer on behalf of an exempt person. Extends the exemption to persons providing technology services for commercial financing to a person exempt to the extent the person is acting only in that capacity and has no interest in the commercial financing extended by the exempt entity. Exempts the following transactions from the scope of the Article: commercial financing transactions secured by real property; commercial financing transactions over $500,000; leases of goods, as defined by the Uniform Commercial Code; and the sale, lease, rental, or subscription of a motor vehicle by a licensed motor vehicle dealer. Also exempts consumer finance companies licensed and doing business under Article 15 (North Carolina Consumer Finance Act) of GS Chapter 53 or doing business pursuant to GS Chapter 25A (Retail Installment Sales Act). Establishes required disclosures by providers  to recipients based on types of financing as follows. Defines a provider as a person that extends a specific offer (as defined) of commercial financing to a recipient, including that made on behalf of a third party. 

Mandates that a prover give 10 described disclosures to a recipient at the time of extending a specific offer of sales-based financing, defined as a type of financing in which the recipient's repayment is based on the recipient's volume of sales or revenue, including (1) the total amount of the commercial financing; (2) the finance charge; (3) the estimated annual percentage rate; and (4) the total repayment amount, or the disbursement amount plus the finance charge. Details two methods, the historical method and the opt-in method, for the provider to calculate the recipient's projected sales volume, of which the provider must elect one to use for all of its sales-based financing and notify the Commissioner of Banks (Commissioner) of its election. 

Mandates that a provider give 10 described disclosures to a recipient at the time of extending a specific offer of closed-end financing, defined as a type of commercial financing consisting of a closed-end extension of credit, secured or unsecured, including equipment financing. Required disclosures include: (1) the total amount of the commercial financing; (2) the finance charge; (3) the annual percentage rate; (4) the total repayment amount, or the disbursement amount plus the finance charge; and (5) a description of any collateral requirements or security interests.

Mandates that a provider give 10 described disclosures to a recipient at the time of extending a specific offer of open-end financing, defined as a type of commercial financing consisting of an agreement for one or more extensions of open-end credit, secured or unsecured, as described. Required disclosures include: (1) the maximum amount of credit available to the recipient, (2) the amount scheduled to be drawn by the recipient, (3) the finance charge, (4) the annual percentage rate, and (5) the total repayment amount or the draw amount plus the finance charge. Details two methods, the total credit method and the comparable method, for the calculation of the finance charge, the annual percentage rate, the total repayment amount, and the payment amount, and requires notifying the Commissioner of Banks of its election. Sets out factors to be considered by the Commissioner when determining whether the deviations between disclosed estimates are too great.

Mandates that a provider give seven described disclosures to a recipient at the time of extending a specific offer for a factoring transaction, defined as a type of commercial financing that includes an agreement to purchase, transfer, or sell a legally enforceable claim for payment held by a recipient for goods the recipient has supplied, or services the recipient has rendered, that have been ordered but for which payment has not yet been made. Required disclosures include: (1) the purchase amount or the amount of accounts receivable purchased from the recipient, (2) the finance charge, (3) the estimated annual percentage rate, (4) the total repayment amount or the purchase amount plus the finance charge, and (5) a description of the receivables purchased and any additional collateral requirements or security interests. 

Mandates that a provider give 10 described disclosures to a recipient at the time of extending a specific offer of commercial financing other than sales-based financing, open-end financing, closed-end financing, or a factoring transaction. Required disclosures include: (1) the total amount of the commercial financing; (2) the finance charge; (3) the annual percentage rate; (4) the total repayment amount, or the disbursement amount plus the finance charge; and (5) a description of any collateral requirements or security interests.

Mandates that a provider give two described disclosures to a recipient at the time of extending a specific offer of new commercial financing, where the provider requires the recipient to pay off some or all of the balance of an existing commercial financing from the same provider as a condition of obtaining new commercial financing. Required disclosures include: (1) the amount of the new commercial financing that will be used to pay off any prepayment charge or unpaid interest and (2) the amount by which the disbursement amount will be reduced if that amount will be reduced to pay off a portion of the balance. 

Requires all mandated disclosures under the Article to be presented to the recipient as a separate document from all other information to be signed by the recipient, and requires the provider to obtain the recipient's signature before proceeding with the transaction. Prohibits providers from using the term "rate" in describing a metric other than the APR or estimated APR in additional information presented to the recipient. Sets out when the term "interest" can be used and provides for the appropriate use of the term "annual percentage rate/APR." Allows, when the Commissioner determines that the laws of another state require commercial financing disclosures that meet or exceed the Article's requirements, the use of any commercial financing disclosure form that the other state approves.

Requires providers to register with the Commissioner of Banks. Details requirements for registration. Sets the application and renewal fee at $1,000; requires renewal every five years. Charges covered entities with filing correcting amendments to material registration information. 

Requires filing a correcting amendment to information in documents filed with the Commissioner any time information becomes inaccurate or incomplete.

Allows recipients to file complaints with the Commissioner and allows the Commissioner to investigate providers.

Makes confidential information obtained by the Commissioner under the Article but allows the Commissioner to enter into agreements with specified entities to share otherwise confidential information. Privacy and confidentiality requirements continue to apply to disclosed information. 

Empowers the Commissioner to adopt rules to enforce the Article, with a right for an aggrieved person to appeal to the State Banking Commission for review within 20 days of adoption or issuance. Authorizes the Commissioner to take the following enforcement actions for violations of the Article, subject to notice and opportunity for hearing: (1) order a provider to cease and desist from violations of the Article and (2) assess a civil penalty of up to $2,000 per violation or $10,000 for each willful violation. Specifies that these powers are in addition to other enforcement powers of the Commissioner.

Applies to transactions occurring beginning 60 days after the act becomes law.

Amends GS 18B-1001 (listing kinds of ABC permits) to allow for a mobile bar service permit to be issued to a business that provides bartending services for events to allow the permittee to bring malt beverages, unfortified wine, fortified wine, and spirituous liquor onto the premises of a business that is not an ABC permittee and to serve the alcoholic beverages to guests at the event, regardless of whether there is a charge or fee for guests to attend the event. Clarifies that the permit does not allow the retail sale of individual alcoholic beverages to guests at the event. Bars the permittee from serving the above specified alcohol at any location owned or possessed by the permittee. Specifies that a limited special occasion permit is not required for an event at which alcoholic beverages are exclusively provided by the holder of a mobile bar services permit. Sets forth requirements for notice, servers, transportation of alcohol to an event, and removal of alcohol. Establishes a $500 fee for the permit.

Identical to S 736, filed 4/6/23.

Includes whereas clauses. Requires the State Board of Community Colleges, within funds appropriated under the act, to establish a grant program for community college campuses to offer courses to students to become tax preparers as part of the Volunteer Income Tax Assistance (VITA) program and to facilitate providing VITA services to students and community members. Sets out VITA's work. States that the goal of the grant program is for community colleges to provide work-based opportunities to students while facilitating access to the VITA program in local communities. 

Requires participating community colleges to: (1) offer a specified fall curriculum course and a spring work-based learning course to students interested in becoming certified as tax preparers for the VITA program, (2) designate a faculty champion to facilitate the program, and (3) provide VITA services to be offered to all students on campus and community members. Sets out information that a community college must include in its grant application.

Appropriates the following from the General Fund to the Community Colleges System Office: (1) $1,304,100 in nonrecurring funds and (2) $570,100 in recurring funds for 2023-2024 to implement the grant program. Specifies how the funds are to be used and in what amount, including specified faculty bonuses and to hire personnel. Specifies that $549,000 of the funds remain available until the end of the 2024-25 fiscal year for bonuses  of up to $500 per community college receiving a grant to support a faculty champion, hire personnel, and establish work-based learning opportunities for students.

Appropriates $50,000 in nonrecurring funds and $100,000 in recurring funds for 2023-24 from the General Fund to the Department of Revenue for community college personnel and student training and technical assistance associated with the grant program; allows the funds to be used to contract with a third-party vendor.

Appropriates $840,000 from the General Fund to the Office of State Budget and Management for 2023-24 for a directed grant to the United Way of North Carolina to expand the VITA program. Specifies the ways in which the funds may be used. Specifies that the funds remain available until the end of the 2024-25 fiscal year.

Effective July 1, 2023.

Requires the Revenue Laws Study Committee (Committee) to study the costs and benefits reasonably anticipated from eliminating the unauthorized substances taxes by repealing Article 2D of Subchapter I of GS Chapter 105 General Statutes (purpose of which is to levy an excise tax to generate revenue for State and local law enforcement agencies and for the General Fund), including any funding necessary to compensate State or local law enforcement for any resulting revenue losses. Requires the Committee to report its findings, together with any recommended legislation, to the 2024 Regular Session of the 2023 General Assembly upon its convening.