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

Amends new GS 7B-3103 (pertaining to disclosure of information about juveniles for public safety reasons) to create an exception for exigent circumstances to permit release of certain information relating to a juvenile without obtaining a court order first by the Division of Juvenile Justice of the Department of Public Safety (Division) or any law enforcement agency within the State. Requires releasing party to seek a court order as soon as reasonably practicable but by no later than the first available session of a court in the county after the release of information. Specifies that if the court does not authorize the release of information, then it must be removed from any website or social media account controlled by the law enforcement agency or the Division.

House committee substitute to the 1st edition makes the following changes. Amends proposed GS 115C-335.15 to require conflicts of interest training instead of ethics training for employees involved in the making or administering of contracts. Makes conforming changes to the act’s long and short titles. Makes technical changes.

House committee substitute to the 1st edition makes the following changes. Amends GS 160A-347, governing a city's creation of a perpetual care trust fund for cemeteries it owns or controls. Adds that when a city creates such a fund with the sole purpose of accepting perpetual care trust funds from a cemetery company regulated by the North Carolina Cemetery Commission that has elected to or is required to transfer a cemetery and perpetual care trust funds to the city, the city may only use the trust funds for the purpose of perpetually caring for, beautifying, and expanding that cemetery (was, city may either: (1) transfer the principal and income from the perpetual care trust fund to the city's general fund for establishing, operating, and maintaining cemeteries or (2) use the principal and income from the perpetual care trust fund for perpetually caring for, beautifying, and expanding the city's cemeteries).

House committee substitute to the 1st edition makes the following changes. Deletes amendments to GS 62-126.5 that remove the cap on the total installed capacity of all solar energy facilities on an offering utility’s system that are leased. Instead increases that cap from 1% to 10% of the previous five-year average of the NC retail contribution to the offering utility’s coincident retail peak demand. Further specifies that a solar energy facility leased to an individual customer generator lessee pursuant to GS 62-126.5 cannot have a capacity greater than 1 MW (megawatt) or the customer's contract demand which must approximate the customer's maximum expected demand, whichever is less. Effective July 1, 2023, and applies to solar facility leases executed on or after that date.

Deletes proposed amendment to GS 62-126.4 that required the North Carolina Utilities Commission (Commission) to continue to allow net metering for any customer owning and operating a renewable energy facility that generates electricity with a capacity up to 1 MW at the applicable net metering rate in place at the time of interconnection.  Requires Commission to expand net metering at the applicable net metering rate to customers that own and operate a renewable energy facility with a capacity of not more than 5 MW or the customer's contract demand which must approximate the customer's maximum expected demand, whichever is less. Specifies that to comply with the terms of the section, a participating customer's meter may be served only by a renewable energy facility that serves only one premises (was, a requirement that the Commission expand net metering at the applicable net metering rate in place at the time of interconnection to customers owning and operating a renewable energy facility with a capacity over 1 MW that is intended primarily to offset the customer's annual usage).

Amends changes to GS 62-133.8 by now requiring that the Commission adopt rules for electric public utilities for net metering of renewable energy facilities with a generation capacity of 5 MW or the customer’s contract demand which must approximate the customer's maximum expected demand, whichever is less (was, a generation capacity intended primarily to offset the customer's annual usage).

Makes organizational changes and conforming changes to the effective date and titles.

Part I.

Amends GS 7A-304 concerning costs and fees in criminal actions, as follows. Requires in every criminal case where the defendant is convicted or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, that the court determine the defendant's ability to pay any costs assessed and weigh that determination when assessing and collecting the costs listed in the statute (previously, the costs were assessed automatically without considering ability to pay). Removes the prohibition on the court waiving or remitting all or part of any court fines or costs without providing notice and opportunity to be heard by all government entities directly affected; makes conforming deletions. Decreases from $200 to $100 the cost assessed for support of the General Court of Justice by a defendant who fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, the person either appears in court to answer the charge or disposes of the charge under GS 7A-146. Amends the costs for the following services that are charged under specified circumstances by specifying that instead of charging $600, the amount charged must reflect the costs actually incurred for the services, not to exceed $600: (1) services of the North Carolina State Crime Laboratory facilities; (2) services of any crime laboratory facility; (3) services of any private hospital performing toxicological testing under contract with a prosecutorial district; (4) services of the North Carolina State Crime Laboratory facilities; (5) services of any crime laboratory facility; (6) services of an expert witness employed by the North Carolina State Crime Laboratory who completes a chemical analysis, a forensic analysis, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial; (7) services of an expert witness employed by a crime laboratory who completes a chemical analysis, a forensic analysis, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial; and (8) services of an expert witness employed by a private hospital performing toxicological testing under contract with a prosecutorial district who completes a chemical analysis and provides testimony about that analysis in a defendant's trial. Deletes an outdated reporting requirement. No longer requires defendants paying costs using an installment plan to pay a $20 setup fee. Adds that the court must consider the following minimum factors when determining whether a defendant can use an installment plan to pay court costs: (1) defendant's monthly income in relation to the relevant federal poverty guidelines for the defendant's household size; (2) whether the defendant receives public assistance; (3) the defendant's living arrangements and ability to afford or procure housing; (4) whether the defendant resides in a mental health or substance abuse treatment facility; and (5) any limits on the defendant's ability to secure employment.

Repeals GS 7A-350, which required the Administrative Office of the Courts to keep records of and report on criminal court cost waivers to the specified NCGA committees.

Part II.

Amends GS 15A-1364(a), which provides that when a defendant who has been required to pay a fine or costs defaults in payment or in any installment, the court may require the defendant to appear and show cause why he should not be imprisoned or may rely upon a conditional show cause order. Adds that the court must consider the following minimum factors: (1) defendant's monthly income in relation to the relevant federal poverty guidelines for the defendant's household size; (2) whether the defendant receives public assistance; (3) the defendant's living arrangements and ability to afford or procure housing; (4) whether the defendant resides in a mental health or substance abuse treatment facility; and (5) any limits on the defendant's ability to secure employment. Adds that (a) does not apply to a defendant who has received an active sentence in the same case in which the defendant has defaulted on the payment.

Amends GS 15A-1365, which allows the judge to order that the judgment be docketed when a defendant has defaulted in payment of a fine or costs. Provides that the clerk may not issue an execution on the docketed judgement if the fine or costs were imposed for an offense other than trafficking in controlled substances or conspiring to traffic in controlled substances and the defendant is serving an active sentence (was, the defendant elects to serve the suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed).

Part III.

Enacts new GS 20-24.3, prohibiting the Division of Motor Vehicles (Division) from revoking the drivers license of a person charged with an infraction, misdemeanor, or felony if revocation is solely due to failure to appear after proper notice when the case was called for a trial or hearing, and/or failure to pay a fine, penalty, or court costs ordered by the court.

Makes conforming repeals of (1) GS 20-24.1, which requires the Division to revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and either failed to appear after proper notice when the case was called for a trial or hearing; or failed to pay a court-ordered fine, penalty, or court costs, and (2) GS 20-24.2, which requires a court to report to the Division the name of any person charged with a motor vehicle offense under the Chapter who fails to appear to answer the charge as scheduled or fails to pay a fine, penalty, or costs within 40 days of the date specified in the court's judgment. Makes conforming changes to GS 15A-1116; GS 20-13.2; GS 20-19(k); GS 20-28.1; GS 20-217(g2); GS 50-13.12; and GS 110-142.2(f).

Further amends GS 20-217(g2), regarding the required withholding of the registration renewal of a motor vehicle registered to a person who fails to pay any fine or costs imposed pursuant to the statute for failing to stop for properly marked and designated school buses in certain instances. Directs the Division to continue to withhold the registration renewal until the clerk of superior court notifies the Division that the person has satisfied each of the four specified conditions applicable to the person’s case, including (1) disposing of the charge in which the person failed to appear when the case was last called for trial or hearing; (2) demonstrating to the court that the person is not the person charged with the offense; (3) paying the penalty, fine, or costs ordered by the court; and/or (4) demonstrating to the court that the person’s failure to pay the penalty, fine, or costs was not willful and that the person is making a good-faith effort to pay or that the penalty, fine, or costs should be remitted.

Further amends GS 50-13.12, which governs forfeiture of licensing privileges for failure to pay child support or for failure to comply with a subpoena issued pursuant to child support or paternity establishment proceedings. Clarifies that reinstatement of a drivers license under the statute is conditioned upon payment of the applicable restoration fees in addition to the specified requirements.

Similarly, further amends GS 110-142.2, which governs suspension and revocation of occupational, professional, or business licenses of obligors who are delinquent in court-ordered child support, or who are not in compliance with subpoenas issued pursuant to child support or paternity establishment proceedings. Clarifies that reinstatement of a drivers license under the statute is conditioned upon payment of the applicable restoration fees in addition to the specified requirements.

Effective October 1, 2023.

Part IV.

Amends GS 143B-1483 to explicitly provide that a judge can waive the $250 fee required for participation in the community service program for good cause.

Part V.

Eliminates the court costs set forth for seat belt infractions in GS 20-135.2A; maintains the civil penalty for the infraction. Applies to costs and fees assessed on or after October 1, 2023.

Part VI.

Amends GS 15A-1343 to require a court to exempt a person from paying the $40 per month fee for supervised probation when probation is extended for the sole purpose of complying with monetary obligations. Makes conforming changes. Applies to supervision fees incurred in the calendar month of the date the act becomes law and all subsequent supervision fees incurred in the same term of supervised probation.

Section 1.1

Recodifies GS 113-168(1) as GS 116-168(1a) and GS 113-168(3a) as GS 113-168(3b).

Amends GS 113-168, containing the definitions for Article 14A concerning coastal and estuarine commercial fishing licenses, defining CFCL to mean Commercial Fishing Crew License, HSCFL to mean Heritage Standard Commercial Fishing License, and VCFE to mean a Vessel Commercial Fishing Endorsement. Also adds and defines controlling interest and person. Makes other clarifying changes.

Amends GS 113-168.1, by adding the following. Makes it unlawful to use commercial gear to harvest fish for personal consumption, donation, bartering, or any non-sale purposes, except: (1) a Standard Commercial Fishing License or Retired Standard Commercial Fishing License holder who has obtained a Pre-Harvest Donation permit may donate no more than 500 pounds of fish on an annual basis to one or more charitable organizations recognized under the laws of the State; and (2) A SCFL, RSCFL, or shellfish license holder may harvest the maximum individual daily harvest limit prescribed by law for personal consumption. Makes it illegal to harvest and land fish taken from coastal waters using commercial gear to fail to report that harvest to the Division of Marine Fisheries (Division), except that SCFL, RSCFL, CFCL, or shellfish license holders are not required to report maximum individual daily harvest limits taken under their licenses for personal use. Requires fish dealers to report to the Divisions landings of fish that are sold. Sets out requirements for reporting landings of fish donated to a charity by a SCFL, RSCFL, or shellfish license holders. Requires the organizer of a public angler fishing tournament to (1) notify the Division of the dates of the tournament at least 90 days before the tournament is to be held and (2) keep a record of all fish harvested during the tournament and report those landings to the Division on a non-sale reporting form. Allows the Division, instead of a paper non-sale reporting form, to make available a downloadable software application to allow electronic transmittal of the reporting forms for the above reports. Makes it unlawful for any person to hold more than one type of each commercial fishing license issued under this statute. Any corporation or other legal entity in which a person holds a controlling interest will count towards the limit imposed by this subsection. Makes a person who held more than one SCFL on January 1, 2024, and who is also the owner of more than one vessel used in a commercial fishing operation in the State's coastal fishing waters, registered with the Division, eligible to purchase a VCFE for each additional vessel, subject to the following conditions. Limits the number of VCFEs for which a SCFL holder is eligible at any time to no more than the total number of SCFLs held by a person holding multiple SCFLs on January 1, 2024. Requires each VCFE to be permanently associated by the Division with the vessel registration number of the vessel for which it is held and with the SCFL number of the VCFE holder. Requires the Marine Fisheries Commission to adopt rules providing for transfer of an existing VCFE to a new vessel upon proof that an endorsed vessel has been sold and replaced with a similar vessel. Requires that the VCFE be assignable by the SCFL holder to a vessel captain other than the SCFL holder for the purpose of carrying on a commercial fishing operation. Makes all landings from the vessel on which the VCFE is held subject to specified reporting requirements. Sets the cost of each VCFE at $750.

Amends GS 113-168.2 as follows. Sets out requirements that must be met in order to renew a SCFL. Increases the annual fee for a SCFL for a resident of this state from $400 to $800. The fee may not be less than $800 for nonresidents. Restricts the transfer of an SCFL only to a member of a holder’s immediate family or to a corporation or other legal entity in which the SCFL holder and their immediate family hold a controlling interest.  Makes SCFL assignments subject to reporting requirements regardless of the assignee's residency or where the fish are landed. Makes conforming changes. Removes provision for a surviving member of a deceased licensee’s immediate family to request transfer of an SCFL to a third-party purchaser of the deceased licensee’s fishing vessel. Removes provision for a person retiring from commercial fishing to transfer their SCFL to a third-party purchaser of their fishing vessel. Adds new subsection (j), allowing a person holding an SCFL or an administrator or executor holding a transferred SCFL to request that the SCFL be converted to a Heritage Standard Commercial Fishing License (HSCFL). Directs the Division to classify the HSCFL as a separate class of inactive SCFL. Makes it illegal to harvest fish under an HSCFL. Sets the annual fee for an HSCFL at $100. Directs the Division to terminate the HSCFL if it is not timely renewed or 10 years after the original issuance of the HSCFL if it has not been reconverted. Adds new subsection (k), providing that the HSCFL may be reconverted as an SCFL by a member of the immediate family of the person holding the SCFL at the time it was converted. The reconverted SCFL will not be subject to the procedures adopted by the Commission and the Division for issuance of SCFLs from the pool of inactive licenses, and will not be subject to any eligibility requirements for renewal other than payment of the renewal fee for a period of five years following reconversion.

Amends GS 113-168.3, increasing the annual fee for the Retired Standard Commercial Fishing License to $400 for residents of the state and $520 for non-residents. Enacts new GS 113-168.3A, creating a Commercial Fishing Crew License (CFCL). Allows for application for a CFCL by any person who serves on the crew of a commercial fishing vessel under the direction of a person who holds a valid SCFL. Sets the annual fee for the CFCL at $100 for residents of the state and $200 for non-residents. Allows a person holding a CFCL for three consecutive years to be eligible to apply for a SCFL after submitting tax documentation from actual participation in a commercial fishery during each of the three years; exempts an applicant from other eligibility requirements. Makes insurance of a SCFL subject to availability of a SCFL from the Availability Pool.

Amends GS 113-168.4, regarding the sale of fish, to require a recreational fishing tournament license holder to comply with the reporting requirements of new GS 113-168.1(b3).

Amends GS 113-169.1 by allowing the Division to issue a Pre-Harvest Donation Permit to any SCFL, RSCFL, or shellfish license holder allowing the use of commercial gears to take limited quantities of fish intended for charitable donation. Limits the donation to 500 pounds of fish annually by any license holder. Sets out conditions that must be met in order for the donation to be lawful, including obtaining the Pre-Harvest Donation Permit before the harvest that results in the donation. Sets out reporting requirements.

Requires the Commission to adopt temporary and permanent rules to implement these requirements.

Effective October 1, 2023.

Section 2.1

Codifies SL 1997-400, Section 5.2, as amended, as GS 113-168.7 and makes the following changes. Modifies the temporary cap provision in subsection (c) to make it a permanent cap, set at the number of SCFLs active on June 30, 2023, plus 100 additional SCFLs. Removes provision for issuance of licenses in 1999-2000. Creates an Inactive Pool for SCFLs that have not been renewed, and an Active Pool for SCFLs that are available to be issued. A license in the Inactive Pool may be reactivated by the holder until it has been in the pool for two years after nonrenewal and transfer to the Inactive Pool by the person that held the SCFL before it became inactive. Transfer a SCFl that has not be reactivated within two years to the Availability Pool. Grants the Commission the authority to determine how many licenses from the Availability Pool to issue, and the procedure for doing so, up to the cap set by subsection (c). Requires the Commission to set aside 100 licenses from the Availability Pool for an apprenticeship program for students completing a commercial fishing program offered by an NC community college or an equivalent program from another state. Removes outdated language. Makes other clarifying changes. Effective June 30, 2024.

Section 3.1

Repeals GS 113-173, GS 113-168(6), GS 113-173.1(a)(6), and GS 113-174(4)c., all concerning the Recreational Commercial Gear License. Makes conforming change to GS 113-168.1(a). Effective June 30, 2024.

Section 3.2

Amends GS 113-174.2, adding new subsection (e), directing the Commission to adopt rules allowing persons holding a Coastal Recreational Fishing License (CRFL) to use (1) up to five crab pots to take crab for personal use; (2) up to five shrimp pots, or a channel net, to take shrimp for personal use; and (3) seines to take fish for bait. Allows the Commission to adopt temporary rules.

Section 4.1

Amends GS 113-174.2(c), increasing the fees for CRFLs to the following: $20 for annual residents, $36 for annual nonresidents, $7 for ten-day residents, and $18 for ten-day nonresidents.

Effective October 1, 2024.

Section 5.1

Appropriates $750,000 in recurring funds for 2023-24 from the General Fund to the Division to be used for: (1) to offset any loss of revenue from licensing fees that result from the adoption of this act; (2) for the extension and expansion of programs to remove crab pots and other derelict fishing gear from northeastern, eastern, and southeastern North Carolina waters, with preference for program participants granted to transitioning commercial license holders; and (3) for the expansion of aquaculture and shellfish leasing programs, including training and start-up funding for new participants in those programs, with preference given to commercial license holders that may be affected by the adoption of this act. 

Appropriates $250,000 from the General Fund to the NC Collaboratory to study the design and implementation of a fisheries license buyback and retirement program for commercial license holders impacted by this act.

Section 6.1

Reenacts GS 113-174.3(e), which required each individual who obtains a for-hire license to submit to the Division logbooks summarizing catch and effort statistical data to the Division.

Section 7.1

Contains a severability clause.

Enacts new Article 44 (Right to Use Contraception) in GS Chapter 90. Includes new GS 90-751.2, declaring that it is the policy of the State that there is no legitimate governmental interest in limiting the freedom to use contraception to prevent pregnancy. 

Creates new GS 116-43.25 (Provide emergency contraceptive pills on each campus), requiring higher education institutions of the University of North Carolina to provide access to emergency contraceptive pills through at least one vending machine on each main campus. Establishes requirements for the storage, cost, inspections, and labeling of the vending machines. The new section is effective when it becomes law and applies to the 2023-24 academic year. 

Appropriates $300,000 for 2023-24 to the Department of Health and Human Services, Division of Public Health, from the General Fund for grants to nonprofit community health centers for providing access to long-acting reversible contraceptives to underserved and uninsured patients. Establishes criteria for long-acting reversible contraceptives. 

Effective July 1, 2023. 

 

Substantively identical to H 333, filed 3/9/23.

Includes whereas clauses.

Repeals subsections (c) and (d) of Section 35.21 of SL 2017-57, as title indicates. Effective retroactively to December 31, 2020.

Enacts new Article 3A, Child Advocacy Centers in GS Chapter 108A, providing the following. Defines Children's Advocacy Center as a child-focused, trauma-informed, facility-based program in good standing with Children's Advocacy Centers of NC Inc. or its successor, that assists in the coordination of the investigation of child maltreatment by promoting a coordinated, multidisciplinary response to cases of child maltreatment in which representatives from law enforcement, child protective services, prosecution, mental health, forensic interviewing, medical, or victim advocacy groups or disciplines collaborate regarding the  investigation, prosecution, safety, treatment, and support services, including forensic interviews, medical examinations, mental health services, advocacy, consultation, and training, to be provided, directly or by formalized  agreements, for children suspected to be victims of child maltreatment and  their appropriate caregivers.

Defines child as any individual under age 18, or for referrals made by law enforcement, any individual who has a developmental disability, as defined in GS 122C-3(12a), that severely impacts conceptual, social, and practical areas of living to the extent the individual cannot live in an independent environment. Also defines the following terms: caregiver, child maltreatment, child medical evaluation, Children’s Advocacy Center of NC, Inc., department, forensic interview, law enforcement child medical evaluation, multidisciplinary team, National Children’s Alliance, national standards, and state standards.

Requires a Child Advocacy Center (CAC) to meet all of the following in order to receive State funds or federal funds administered or distributed by a State agency or any other funds appropriated or allocated by the NCGA: (1) found to be in good standing with State standards set forth by Children's Advocacy Centers of NC  Inc. (CACNC) or its successor (with provisions that CACNC will inform State partners when a CAC is no longer in good standing); (2) is an independent agency, which may be affiliated with an umbrella organization or a part of a governmental entity, with sound administrative policies and procedures designed to ensure quality of services and sustainability including specified standards; (3) provides a child-friendly, trauma-informed space for children suspected to be victims of child maltreatment and their appropriate caregivers; (4) conducts on-site interviews of children by a forensic interviewer in appropriate cases of suspected child maltreatment; (5) maintains a multidisciplinary team (MDT) that meets regularly and are routinely involved in investigations and multidisciplinary team interventions; (6) has a written interagency agreement signed by authorized representatives of all MDT participants that commits the signed parties to the multidisciplinary model for the investigation of child maltreatment, with the agreement reviewed and signed annually; (7) provides a space for MDT meetings; (8) establishes and maintains written protocols that comply with State and federal laws governing the specified topics; (9) has a designated staff that is supervised and approved by the CAC’s Board of Directors or other governing entity; (10) provides case tracking of child abuse cases served through the CAC, according to written protocols and sets out additional items the CAC must track; (11) provides or refers child medical evaluations and law enforcement child medical evaluations, as requested by a department or a law enforcement agency; (12) provides mental health services or referrals for those mental health services, which will be provided by licensed mental health professionals who deliver trauma-focused, evidence-supported treatment and who meet State standards; (13) provides training for various disciplines in the community that deal with child maltreatment; (14) provides victim support and advocacy that meets State and national standards; (15) maintains diversity, equity, and inclusion by completing a community assessment every three years, which does at least the listed items; (16) provides annual trainings or educational opportunities for multidisciplinary team members’ professional development; (17) ensures that CAC employees and volunteers are properly screened and trained in accordance with State and national standards; and (18) provides all services to a child client regardless of the child's or child's family's ability to pay for those services.  Makes the CACNC, or its successor, responsible for tracking and documenting compliance and any funds it administers to an eligible CAC.

Enacts GS 108A-75.3, pertaining to sharing of information. Authorizes a department to share information relevant to the protection of a child with the MDT, subject to state and federal laws and rules. Authorizes other MDT members to share information relevant to the protection of a child with the MDT, subject to state and federal statutes and rules. Authorizes the chief district court judge of the judicial district in which the MDT sits to enter an administrative order designating certain local agencies located within the jurisdiction as authorized to share information concerning a case of suspected child maltreatment in which the county department of social services (department) is not involved, with designated agencies required to share information in their possession upon request and to the extent permitted by federal law and regulations, for so long as the child's case is being investigated by law enforcement or the child is receiving services at the Center. Deems shared information confidential except for disclosures required by law and limits use to the extent necessary for the agency to perform its required duties. Specifies that the provisions do not require disclosure or release of information in the possession of a district attorney. Specifies that information shared between MDT members must comply with federal law or regulation and remain confidential, except to the extent necessary for the protection of a child. Provides an MDT member limited liability for state civil and criminal law violations for good faith participation in team discussions by providing information about a child being reviewed by the MDT.

Enacts GS 108A-75.4 relating to access to CAC records, which provides the following. Creates distinct confidentiality provisions for child medical evaluations, forensic interviews, and information received from a CAC based on whether a referral to the CAC is by a department or law enforcement, with disclosure of information and records in cases referred by a department also governed by various statutes of GS Chapter 7B identified. Designates the following records in cases referred by law enforcement as confidential and only released in accordance with GS 108A-75.4: a law enforcement child medical evaluation, forensic interview, or any other information received by law enforcement from a CAC, including electronic records. Permits release only to the Department of Health and Human Services (DHHS) and county departments, law enforcement agencies, a prosecuting DA, or the Attorney General, certain health care entities and providers providing medical or psychiatric care to the child (in the case of medical or mental health records), the NC Child Fatality Task Force or a permitted by GS 7B-3100, which governs the disclosure of juvenile records.

Otherwise, requires a court order to release records created, compiled, maintained, or received by a CAC, which requires finding that the records are necessary for the determination of a criminal, civil, or administrative matter and the information cannot be obtained from DHHS, a law enforcement agency, the prosecuting attorney, a department, or the Attorney General. Requires inclusion of an order for an in camera inspection and protective order. Provides further limitations for such orders. Provides for information sharing between employees and designated agents of CAC’s, between CAC’s and the CACNC. or other contract services providers, and a CAC and other CAC’s or an MDT, as specified. Exempts DHHS, a department, law enforcement agencies, the prosecuting attorney, a court of competent jurisdiction and the Attorney General from the authorized limited disclosure described above, regarding sharing information with the CACNC or other contract service providers when necessary for the child, caregiver, or a CAC to receive essential support or services, with necessary confidentiality provisions in place, consistent with state and federal law. Provides for continued confidentiality of disclosed information. Deems records created under the Article to not be public records.

Enacts GS 108A-75.5 (child medical evaluation requirement) which permits a department to use a CAC for the provision of a child medical evaluation but specifies that the provisions of the Article do not bind a department to use a CAC for the provision of services related to a child medical evaluation. Enacts GS 108A-75.6 which provides limited immunity from liability for a board member, staff member or volunteer of a CAC or CACNC arising from performance of acts within their duties or participation in a judicial proceeding if they act in good faith. Specifies that immunity does not extend to acts of gross negligence, wanton conduct, or intentional wrongdoing.

GS 7B-505.1, which requires a health care provider to disclose confidential information about a juvenile to a director of a department with custody of the juvenile and a parent, guardian, or custodian. Adds to the provisions, deeming a child medical evaluation performed by a health care provider rostered with the NC Child Medical Evaluation Program to be governed by new GS 108A-75.4.

Effective July 1, 2024.

Prohibits any agency of the State, including the specified entities, from issuing a permit for oil or gas exploration or development activities using horizontal drilling and hydraulic fracturing treatments. Makes conforming changes and deletions in GS 113-391, GS 113-391.1, GS 113-393, GS 143-214.2, and GS 113-395.

Repeals GS 113-415.1, which invalidated local ordinances regulating oil and gas exploration, development, and production activities.

Applies to any application for a permit for oil and gas exploration and development activities received by any agency of the state on or after that date.

Amends GS 115C-379(b) to allow excused absences from elementary and secondary schools for participation in 4-H club programs approved by the county 4-H educator, as long as the absence is not on the day of a statewide or end-of-grade test or on a day when the student is subject to disciplinary action and not otherwise allowed to attend, and the verification requirements are met. Makes clarifying changes to the text of the section to allow rules that require the parent or legal guardian to give written notice a reasonable time before the excused absence. Adds new language mandating that a student’s grade will not be adversely affected due to an excused absence authorized by the subsection. 

Effective when it becomes law and applies to the 2024-25 school year. 

 

Amends GS 58-3-221(Access to nonformulary and restricted access prescription drugs) to prohibit insurers from requiring prior authorization or the use of other drugs not prescribed by the provider when a patient age 18 or older is prescribed a drug by a health care provider for the prevention or treatment of a serious mental illness, as defined. Also applies the requirements of the statute to a pharmacy benefits manager under contract with an insurer. Makes clarifying changes to the definitions for the section and to language used throughout the section. Effective and applicable to insurance contracts issued, renewed, or amended on or after October 1, 2023. 

Amends GS 108A-68.1 (Certain prescription drugs exempt from prior authorization requirements) to ensure a Medicaid beneficiary does not have to try a different prescription medication prior to the approval of the prescribed drug for the treatment of severe mental illness, if certain conditions are met. Requires that the medication be prescribed to the beneficiary by a licensed health care provider for the treatment of specific severe mental illnesses, as identified. Also requires that, during the preceding calendar year, even if not receiving Medicaid benefits, either the beneficiary was prescribed and unsuccessfully treated with a preferred prescription drug from a Medicaid drug formulary, or the beneficiary was prescribed and had prior authorization for the specific medication prescribed. Provides that beneficiaries will not be required to try a different prescription medication prior to the approval of coverage for injectable antipsychotic drugs for the treatment of schizophrenia. 

 

Amends GS 75-101 to include creating a lead or referral for compensation in the definition of telephone solicitation. Amends the definition of telephone solicitor to include subagents, contractors, or other third-party vendors, and to include any party that receives a sales lead or incoming call that was generated by a telephone call to a telephone subscriber. 

Amends GS 75-102 to require that a telephone solicitor must stop contacting a telephone subscriber who is on the Do Not Call list and who indicates they do not want to be contacted further within 30 business days. Previously the section provided for 60 business days.

Amends GS 75-104 subsection (a) to provide that no person, directly or through a salesperson, agent, subagent, contractor, or other third party vendor, may use automatic dialing and recorded messages to make unsolicited calls. Previously this subsection did not reference other third parties. Creates new subsection (c), which makes jointly liable any party that knows the sales leads or incoming calls it receives were generated by calls placed by another party in violation of subsection (a). 

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Enacts new GS 58-3-295. Requires every health benefit insurance plan that provides coverage for prescription eye drops to not deny coverage for a refill of an eye drop prescription if both of the following two conditions apply:

(1) Applies to 30-day supplies. The patient requested the refill after (a) an amount of time after which the patient should have used 70% of the prescription eye drop dosage units according to a health care provider’s instructions or (b) 21 days from (i) the original date the insured patient was given the prescription or (ii) the date of the most recent refill to the insured patient.

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Effective October 1, 2023, and applies to contracts issued, renewed, or amended on or after October 1, 2023.

Enacts new GS 115C-81.58 requiring coverage of the civil rights movement (1954-1968) in the standard course of study for students in elementary through high school. Includes list of topics required to be covered: the natural law and natural rights principles that informed the leadership of Rev. Dr. Martin Luther King, Jr.; the tactics and strategies of nonviolent resistance that Dr. King championed in response to the Jim Crow laws of that era; the repeal of the Jim Crow laws of that era and the passage of civil rights legislation in the United States; the philosophy that hatred on the basis of immutable characteristics leads to profound injustice; and instruction on other acts of discriminatory injustice, such as genocide, elsewhere around the globe to reinforce the lesson that hatred on the basis of immutable characteristics can overtake any society. Gives examples of acts of discriminatory injustice, including the Armenian Genocide, Holocaust, Chinese Collie labor in Cuba, Uighurs in China, and Rohingya in Myanmar.

Appropriates $250,000 in nonrecurring funds from the General Fund to the Department of Public Instruction for 2023-24 to implement this act.

Effective July 1, 2023. Applies to courses taught beginning with the 2024-25 school year.

Identical to S 297, filed 3/13/23.

Amends GS 58-50-130 (required health care provisions of the Small Employer Group Health Insurance Reform Act) to allow providing stop loss, catastrophic, or reinsurance coverage to small employers who employ more than five eligible (was, small employers with twenty or more employees.) Effective October 1, 2023, and applies to contracts issued, renewed, or amended on or after that date.

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Enacts new section GS 147-86.19 to prohibit state agencies from accepting cryptocurrency. Defines cryptocurrency as  “digital or virtual currency that relies on cryptography to effect transfers and a decentralized network to record transactions.” Defines state agency as “any institution, bureau, board, commission, officer, or political subdivision of the State.”

Amends GS 18B-1105(a)(2) to allow the holder of a distillery permit to directly sell spirituous liquor to restaurants and bars that hold a mixed beverages permit. Adds new subsection (e) to GS 18B-1105, providing for collection of a mixed beverages surcharge from a distillery permit holder for sales made directly to a restaurant or bar. Makes corresponding changes to GS 18B-804(b1) to outline procedures for sales by distillery permit holders directly to restaurants and bars according to the uniform state price set under that section. Amends GS 18B-1007(a) to permit a restaurant or bar holding a mixed beverage permit to purchase spirituous liquor for resale as a mixed beverage from a distillery, from an ABC store designated by a local board, or from both. 

Directs the Alcoholic Beverage Control Commission to develop and implement a process for allowing a distillery permit holder to affix a mixed beverages tax stamp to spirituous liquor sold directly to a restaurant or bar, and to adopt rules as necessary to implement the process. 

Effective and applicable to sales made on or after July 1, 2023. 

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Enacts new GS 163-278.23A directing that it is the duty and power of county board of elections directors to notify the State Board of Elections of all failures to file reports, statements, or other required documents under Article 22A (Regulating Contributions and Expenditures in Political Campaigns). Applies to reports due on or after July 1, 2023.

Amends GS 15A-1340.50 to change the statute's references from “sex offender” to “violent offender” in the title and throughout the section, which governs permanent no contact orders granted to victims against violent offenders. Defines violent offense for purposes of the section to include offenses requiring registration as a sex offender under Article 27A of GS Chapter 14, other Class A through G felonies, assaults inflicting physical injury by strangulation, and Class A1 misdemeanors including assault as an essential element of the offense. Deletes the term "sex offense" from the statute.

Effective and applicable to offenses committed on or after December 1, 2023. 

Enacts new GS 14-222.1 providing that if any person, with deceit and an intent defraud, unlawfully obstructs justice, the person is guilty of a Class I felony. This replaces the crime of common law felony obstruction of justice. Applies to offenses committed on or after December 1, 2023.

Amends GS 153A-103 as the title indicates.

Amends GS 136-103, which authorizes the Department of Transportation (DOT) to institute a condemnation action to take any land, easement, or interest for DOT use, to require the summons, complaint, declaration of taking, and notice of just compensation deposited to be served upon any owner, lienholder, tenant, leaseholder, and any person who reasonably appears to be a potential claimant (previously, required service upon the person named in the complaint only). Applies to condemnation actions filed on or after the date the act becomes law. 

Identical to S 713, filed 4/6/23.

Part I.

Requires the Department of Justice (DOJ) to assist law enforcement agencies seeking grant funds by alerting law enforcement agencies to available grant funds and assisting law enforcement agencies with drafting and submitting grant proposals and applications. Appropriates $200,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to DOJ to hire two full-time grant writers. Effective July 1, 2023.

Appropriates $250,000 in recurring funds for each year of the 2023-25 fiscal biennium from the General Fund to DOJ to award grants to law enforcement agencies for initiatives supporting community policing. Effective July 1, 2023.

Appropriates $500,000 in recurring funds for 2024-25 from the General Fund to DOJ to be used for grants: (1) provided to law enforcement agencies to be awarded to law enforcement officers exhibiting exemplary service and (2) awarded to law enforcement agencies for meeting racial or gender diversity benchmarks. Caps grant awards at $10,000. Effective July 1, 2024.

Amends GS 15A-401(d), which sets out when a law-enforcement officer is justified in using deadly physical force, by making requiring in all circumstances in which a law enforcement officer uses force of any kind, that the law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics. Effective October 1, 2023.

Requires the Attorney General, in consultation with the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police, to develop uniform use-of-force policies that may be adopted by all law enforcement agencies in the state. Requires the policies to be submitted to the specified NCGA committee by December 1, 2024, published on DOJ's website, and distributed digitally to all law enforcement agencies in the state.

Amends GS 17C-6 to also give the North Carolina Criminal Justice Education and Training Standards Commission the power to (1) establish the minimum age requirement for qualification for entry level employment as a criminal justice officer, which must not be less than age 21; (2) establish minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as a criminal justice officer in temporary or probationary status or in a permanent position--requires standards for entry level employment to include a psychological screening within one year prior to certification; and (3) establish minimum annual mental health screening protocols for criminal justice officers, including additional screenings following a traumatic event. 

Amends GS 17C-13 to allow the North Carolina Criminal Justice Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

Amends GS 17E-4 to also give the North Carolina Sheriffs' Education and Training Standards Commission the power to (1) establish the minimum age requirement for qualification for entry level employment as an officer, which must not be less than age 21; (2) establish minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as an officer in temporary or probationary status or in a permanent position--requires standards for entry level employment to include a psychological screening within one year prior to certification; and (3) establish minimum annual mental health screening protocols for officers, including additional screenings following a traumatic event. 

Amends GS 17E-12 to allow the North Carolina Sheriffs' Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

The above provisions are effective January 1, 2024.

Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the DOJ for grants to law enforcement agencies to pay for the required mental health screenings. Effective July 1, 2023.

Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to DOJ for grants to law enforcement agencies to temporarily provide funding for detectives or other investigative law enforcement positions in order to aid in the investigation of person crimes that would constitute a charge of a Class D felony or higher. Effective July 1, 2023.

Appropriates $250,000 in recurring funds from the General Fund to the North Carolina Justice Academy for each year of the 2023-25 biennium to expand its ability to serve law enforcement agencies of the state by providing more opportunities to attend courses and trainings. Appropriates $250,000 in nonrecurring funds from the General Fund to the North Carolina Justice Academy for each year of the 2023-25 biennium to expand its ability to offer online courses for law enforcement agencies to allow for greater statewide participation in Academy courses and training. Effective July 1, 2023.

Requires the North Carolina Justice Academy and the North Carolina Community College System to develop a memorandum of understanding to allow community colleges to provide training and education to those trained and educated by the Academy to alleviate travel time and related costs. Requires the MOU to be submitted to the specified NCGA committee by October 1, 2023.

Appropriates $250,000 in recurring funds from the General Fund to the DOJ for each year of the 2023-25 biennium to further develop, maintain, and staff the North Carolina Law Enforcement Accreditation Program. Effective July 1, 2023.

Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, counties with a population of less than 200,000).

Amends GS 17C-22 to expand upon the Program's purpose to also include forgivable loans for obtaining a Bachelor's Degree or an NC Basic Law Enforcement Training Program certificate of completion. Expands term of eligibility to allow loans to be provided for up to four years (was, up to two years). Sets out requirements for recipients of loans for these degrees and certificates, including employment requirements post graduation. Makes conforming changes. Amends GS 17C-23 by making conforming changes to loan terms and disbursement of funds. Gives recipients up to 120 months to repay all funds distributed, including interest, received in pursuit of a Bachelor's Degree and 60 months for those in pursuit of an applied associate degree in Criminal Justice or Committee-approved field of study or Basic Law Enforcement Training Program certificate of completion. 

Appropriates $63,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to the NC Criminal Justice Fellows Program to hire a full-time loan administrator. Effective July 1, 2023.

Amends GS 15A-401 to require the State's law enforcement agencies to designate specially trained law enforcement officers to be a part of an agency Crisis Intervention Team trained in determining whether a person is experiencing a mental or behavioral health crisis and what methods are available to de-escalate or otherwise safely engage in interactions with the person. Requires the establishment of the team by December 1, 2025, in order to remain eligible for Governor's Crime Commission grants. 

Appropriates $250 million from the General Fund to DOJ for 2023-24 for grants for the Crisis Intervention Team training. Effective July 1, 2023. 

Appropriates $500,000 for 2023-24 from the General Fund to the Criminal Justice Education and Training Standards Commission to implement the NC STAR Pilot Program. Specifies that the funds do not revert until June 30, 2025. Requires the Criminal Justice Education and Training Standards Commission to manage the NC STAR Pilot Program and develop guidelines and procedures to administer the program and distribute grants. Sets the purpose of the Program as helping city and town police departments provide alternative responses to citizens in crisis. Requires each local Support Team Assisted Response (STAR) program receiving a grant under the Program to allow for the response of behavioral and medical health personnel to nonviolent situations deemed appropriate by the city or town police department. Requires, at least, that those responding to citizens on behalf of each local STAR program be equipped to provide individuals with information regarding shelter, food aid, counseling, and medication. Makes all city and town police departments in the State are eligible for grants. Sets out required grant application information and criteria to be used when awarding grants. Caps grant amounts at $50,000 per eligible grant recipient. Sets out the amount that may be used for Program administration. Requires the Criminal Justice Education and Training Standards Commission, in consultation with each police department receiving N.C. STAR Pilot Program funds, to report to the specified NCGA committee in 2024, 2025, and 2026 on the specified items related to local STAR programs. Effective July 1, 2023.

Part II.

Reenacts GS 14-402 and makes the following changes. Makes it illegal for any private person (was, person, firm, or corporation) to sell, give away, or transfer, or to purchase or receive a pistol from a person other than a federally licensed firearm dealer (was, any pistol, without indicating the source), without a pistol purchase permit from the State Bureau of Investigation (was, sheriff of the county where the purchaser resides) or a valid concealed handgun permit. Defines private person as a person, firm, or corporation who is not a federally licensed firearm dealer acting in accordance with federal law. Makes an exception to the prohibition on receiving a pistol through the mail for a person with documentation demonstrating that they are a federally licensed firearm dealer.

Amends GS 14-403 to make the State Bureau of Investigation, instead of the sheriff, responsible for issuing pistol purchase permits. Makes conforming changes to GS 14-404 and no longer requires consultation with the North Carolina Sheriff's Association in developing the permit application form. Makes conforming changes to GS 14-405 and 14-407.1. Makes conforming changes to GS 14-408.1 and also replaces references to "licensed dealers" with "federally licensed firearm dealers."

Reenacts GS 14-315(b1)(1), which includes as a defense to the prohibition on selling or giving a firearm to a minor that the person shows that the minor produced an apparently valid permit to receive the weapon. 

Reenacts GS 122C-54(d2) to give the State Bureau of Investigation access to records of involuntary commitment for mental health or substance abuse treatment for background checks under GS 14-404.

If H 50 (Pistol Purchase Permit Repeal) or substantially similar legislation becomes law, adds new Article 53D, Universal Background Check, to GS Chapter 14, providing as follows. Prohibits a federally licensed firearm dealer from selling, transferring, or delivering a firearm to a private person without conducting a background check that includes verifying the private person's identity by examining a government-issued identification card and conducting a check through the National Instant Criminal Background Check System. Makes it illegal for the following person to possess a firearm: (1) under an indictment or information for, or has been convicted in any state or in any court of the United States of, a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade); (2) fugitive from justice; (3) unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug; (4) adjudicated mentally incompetent or has been committed to any mental institution; (5) alien illegally or unlawfully in the United States; (6) discharged from the US Armed Forces under dishonorable conditions; (7) has renounced his or her US citizenship; (8) subject to a court order that was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, and that includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury. Makes it illegal for a federally licensed firearm dealer to sell, transfer, or deliver a firearm to another person if the background check reveals that possession by the person would violate the law or if the dealer knows or has reason to know that the person is prohibited from possessing a firearm. Specifies that a transferor is not prevented from removing a firearm from the licensed dealer's premises if the background check indicates that the transferee is prohibited from possessing or receiving firearms. Makes it a Class F felony for a federally licensed firearm dealer to sell, transfer, or deliver a firearm to a person in violation of this Article, or any person to provide materially false information to the dealer with the intent of illegally obtaining a firearm.

Makes it illegal for a private person to transfer a firearm to another without conducting a background check through a federally licensed firearm dealer and the firearm dealer verifying that the transfer is not illegal. Defines transfer. Sets out exceptions for transactions involving specified family members and guardians. Violations are a Class F felony. Applies to transfers of firearms occurring on or after December 1, 2023. 

Amends GS 14-315.1 by increasing the penalty for a person who resides with a minor to leave a firearm in a condition that it can be discharged and in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, from a Class 1 misdemeanor to a Class D felony. Adds a Class D felony for a person residing with an unauthorized person to own or posses a firearm and store or leave it without securely locking it or rendering it incapable of being fired, if the unauthorized person accesses the firearm and: (1) possesses it in violation of the specified law; (2) exhibits it in a public place in a careless, angry, or threatening manner; (3) causes personal injury or death that is not in self-defense; or (4) uses the firearm in the commission of a crime. Defines unauthorized person as one who is not authorized to purchase a firearm under State or federal law. Makes conforming changes. Applies to offenses committed on or after December 1, 2023.

Amends GS 105-164.13 by exempting from sales tax equipment designed to prevent unauthorized access to firearms, including a device designed to prevent the firearm from being operated without first deactivating the device, or a gun safe, case, lock box, or other device designed to prevent access to a firearm by any means other than a key, a combination, biometric data, or similar means. Applies to sales made on or after October 1, 2023.

Enacts new GS Chapter 50E, the Extreme Risk Protection Orders Act, providing a court procedure for concerned citizens and law enforcement to obtain an order temporarily restricting a person's access to firearms in situations where a person poses a significant danger of harming themselves or others by possessing a firearm. Includes related legislative findings. Sets out defined terms applicable to the Chapter.

Allows either a family or household member or a law enforcement officer or agency to file a verified petition in district court for an Extreme Risk Protection Order (ERPO) in any county authorized by the venue provisions set out in GS 1-82 (most commonly where the plaintiff or defendant resides). Defines family or household member to be (1) a person related by blood, marriage, or adoption to the respondent; (2) a dating partner of the respondent; (3) a person who has a child in common with the respondent; (4) a domestic partner of the respondent; (5) a person who has a biological or legal parent-child relationship with the respondent, including stepparents, stepchildren, grandparents, and grandchildren; and (6) a person who is acting or has acted as the respondent's legal guardian. Sets out information required in the petition, including: (1) a factual allegation that the respondent poses a danger of physical harm to self or others (and in the case of an ex parte ERPO, poses an imminent danger of physical harm to self or others) by having in his or her care, custody, possession, ownership, or control a firearm; (2) an identification of the number, types, and locations of firearms under the respondent's custody or control; (3) an identification of any existing protection order governing the respondent; and (4) an identification of any pending legal action between the petitioner and the respondent. Requires an ERPO petition to be accompanied by a written statement made by a witness that states specific facts supporting the allegation in the petition along with the witness's name and relationship to the petitioner, or an audio and visual recording of the incident the petitioner is using as the basis for the ERPO.

Clarifies that a petition for an ERPO can be granted without delay regardless of whether there is pending action between the petitioner and the respondent. Provides for a petitioner to use the substitute address designated by the Address Confidentiality Program when filing documents required by new Chapter 50E. Prohibits the assessment of court costs or attorneys' fees for filing or service of an ERPO petition or service of any ERPOs, except for sanctions for violations regarding signing and verification of the pleadings under GS 1A-1, Rule 11. Authorizes electronic filing of all documents filed, issued, registered, or served in an action under new Chapter 50E.

Requires a summons be issued and served no later than five days prior to the date set for the full ERPO hearing, with the ERPO petition, any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a description of an ERPO attached. Directs the clerk of court to effect service through the appropriate law enforcement agency.

Sets forth the required information that must be included in an ERPO, including (1) a statement of the grounds supporting its issuance; (2) the date and time the ERPO was issued and when it expires; (3) whether a mental health or chemical dependency evaluation of the respondent is required; (4) the court's address where a responsive pleading can be filed; (5) a description of the relinquishment and retrieval requirements for firearms, ammunition, and related permits of the respondent; (6) a description of the process for seeking termination of the ERPO; and (7) a statement that violation of the ERPO is a Class A1 misdemeanor. 

Details the parameters of issuing an ex parte ERPO without service or notice. Requires the court to find by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injury to self or others by having in his or her custody a firearm before a judge or magistrate can issue an ex parte ERPO. Provides that the chief district court judge can designate for each county at least one judge or magistrate to be reasonably available to issue ex parte ERPOs when the court is not in session. Authorizes hearings to consider ex parte relief to be held by video conference.

Details the parameters of issuing a full ERPO, including a hearing on the petition no later than 10 days from either the date an ex parte ERPO was issued, if applicable, or the date the petition was filed. Allows for one continuance of no more than 10 days unless all parties consent or good cause is shown. Permits issuance of a full ERPO when (1) the court finds by a preponderance of the evidence that the respondent poses a danger of causing physical injury to self or others by having in his or her custody a firearm, (2) process was proper, and (3) notice of hearing was proper.

Requires the respondent to immediately surrender to the sheriff possession of all firearms, ammunition, and permits in the custody or control of the respondent upon service of an ERPO, or within 24 hours of service at a time and place specified by the sheriff in the event weapons cannot be surrendered at the time the ERPO is served. Requires the sheriff to issue receipt at the time of surrender or seizure, and file receipt with the court within 48 hours after issuing the receipt. Provides for a warrant to be issued for failure to surrender firearms. Allows the sheriff to charge the respondent a reasonable fee for the storage of any firearms and ammunition taken pursuant to an ERPO. Provides for retrieval if the ex parte ERPO expires and the court does not enter a full ERPO. Otherwise, requires the respondent to file a motion for retrieval within 90 days after an ERPO expires, whereby surrendered firearms, ammunition, and permits must be returned to the respondent within 30 days of the motion unless the court finds the respondent is otherwise precluded from owning or possessing a firearm pursuant to state or federal law. Provides for motion for return by a third party. Authorizes disposal of surrendered firearms that have not been or cannot be returned as specified.

Sets the duration of an ex parte ERPO to be from its effective date to the date the hearing is held, or if a hearing is not held or a continuance not granted, no more than 10 days from its issuance. Requires a full ERPO to be effective for a fixed period of time not to exceed one year. Provides for renewal of any ERPO by the petitioner one or more times prior to its expiration, providing the initial requirements are satisfied and there has been no material change in the circumstances since its issuance. Limits the granting of renewals to open court. 

Details the process of terminating an ERPO, with the respondent limited to submitting one motion for termination for every 12-month period the full ERPO is in effect. Requires the court to set a hearing no sooner than 14 days and no later than 30 days from the date of service upon the petitioner. Requires the respondent to prove by a preponderance of the evidence that he or she does not pose a danger of causing physical injury to self or others by having a firearm in his or her custody or care.

Requires the clerk to provide same day notice of ERPO issuance to the sheriff. Requires the sheriff to promptly enter the ERPO into the National Crime Information Center registry; update the orders in the registry upon modification, termination, renewal, or dismissal; and provide 24/7 access to the orders to the courts. Also requires a copy of the ERPO be issued promptly to and retained by the municipal police department. Provides for notice to the respondent if he or she was not present when the ERPO was issued, and for notice to third parties where applicable.

Makes it a Class A1 misdemeanor for any person to possess, purchase, or receive, or attempt to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed firearms for so long as an effective ERPO is entered against that person.

Makes it a Class 2 misdemeanor for any person to knowingly make a false statement when petitioning for an ERPO, and for any person to knowingly make a false statement to law enforcement that an ERPO remains in effect.

Clarifies that the remedies provided in new GS Chapter 50E are not exclusive, and that the Chapter does not affect the ability of law enforcement to remove a firearm or permit from any person, or conduct any search and seizure for firearms, pursuant to other lawful authority.

Specifies that Chapter 50E does not impose any criminal or civil liability on any person or entity for acts or omissions related to obtaining an ERPO.

Amends GS Chapter 15C, providing for the inclusion of petitioners for an ERPO in the Address Confidentiality Program. Makes conforming changes.

Amends GS 14-415.4 to require a court to deny a petition to restore the petitioner's firearm rights if the court finds an ex parte or full ERPO has been issued pursuant to GS Chapter 50E or a similar out-of-state or federal order has been issued against the petitioner and the court order is still in effect.

Directs the Administrative Office of the Courts (AOC) to develop the appropriate forms to implement the processes set out in new GS Chapter 50E.

Effective December 1, 2023.

Part III.

Amends GS 115C-47 by amending the local boards of education duties related to school psychologists to now require that each local school administrative unit staff at least one full time (was, employs at least one full time, permanent) school psychologist. Adds that if the board is unable to find a qualified school psychologist to hire full-time, then the position allocation for the psychologist may be converted to a dollar equivalent for the board to contract with a third party to provide school psychologist services for an amount of hours equivalent to a full-time school psychologist employee.

Enacts new GS 115C-105.62, providing as follows. Requires the Superintendent of Public Instruction to establish the School Safety Grants Program (Program) to improve safety in public school units by providing grants for services for students in crisis, school safety training, and safety equipment in schools. Sets out what is to be included in a grant application and allows a public school unit to apply for one or more grants. Sets out items to be considered when awarding grants. Sets out the following categories of grants. Requires awarding grants to public school units in contract with community partners (as defined) to provide or pay for the provision of the specified crisis services. Requires awarding grants to public school units in contract with community partners (as defined) to address school safety by providing training to help students develop healthy responses to trauma and stress, including the specified services. Requires awarding grants to public school units (and charter schools) for (1) the purchase of safety equipment for school buildings and (2) training associated with the use of this safety equipment, with priority given to the purchase of specified types of safety equipment. Specifies that these grants supplement and not supplant funds already provided for these purposes. Allows the Superintendent to retain up to $100,000 per fiscal year for administrative costs. Requires the Superintendent to report annually on the Program to the specified NCGA committees and division; specifies what is to be included in the report. Requires applications for the Program to be available by August 1, 2023. Appropriates $20 million from the ARPA Temporary Savings Fund to the Department of Public Instruction for each year of the 2023-25 biennium to fund the Program and states the NCGA's intent to fund the Program with recurring funds beginning with the 2025-27 biennium. Effective July 1, 2023.

Part IV.

Includes a severability clause.

Amends GS 163-275, as the title indicates.

Identical to S 387, filed 3/28/23.

Amends GS 20-128, enacting a new subsection to prohibit persons from modifying a diesel-powered motor vehicle with a device that temporarily or permanently enables emission of visible air contaminants that exceeds the limits of state law, or coal rolling. Regarding the required safety inspection of a vehicle's exhaust and emissions control devices pursuant to GS 20-183.3, requires inspections of diesel-powered vehicles to include a determination that the vehicle is not in violation of new GS 20-128(e). Applies to vehicles inspected or due to be inspected on or after October 1, 2023.

Enacts GS 20-128.1A, making it a Class A1 misdemeanor to commit coal rolling. Defines coal rolling as operating a diesel-powered motor vehicle, causing an emission of visible air contaminants with the intent to (1) cause a reasonable person to feel harassed, annoyed, or alarmed; (2) obstruct or obscure another person's view of the roadway or a traffic control device; or (3) create a hazard to a vehicle operator, bicyclist, or pedestrian. Applies to offenses committed on or after December 1, 2023.

Amends GS 17C-6 relating to the North Carolina Criminal Justice Education and Training Standards Commission, and GS 17E-4 relating to the North Carolina Sheriffs' Education and Training Standards Commission, to require that the minimum training standards established by the Commissions for criminal justice officers and justice offers include training to develop the ability to identify violations of GS 20-128 and GS 20-128.1A, as enacted, with eight hours of such training required annually. Applies to applications for law enforcement certification filed on or after January 1, 2024.

Amends GS 103-4 by making each statewide general election day a legal public holiday. Amends GS 126-4, requiring the State Human Resources Commission to count each statewide general election day as a paid holiday. Makes conforming changes.

Effective July 1, 2023, appropriates $50,000 for 2023-24 from the General Fund to the Office of State Human Resources to implement the provisions of the act.

Establishes the 10-member Study Committee on Metropolitan Planning Organizations (Committee). Provides for appointment of members, designation of cochairs, filling of vacancies, resignation or removal of members, meetings, member expenses, and Committee staffing. Lists four subjects the Committee must study relating to public involvement, transparency, and oversight of metropolitan planning organizations. Grants specified powers of legislative committees pursuant to identified sections of GS Chapter 120, and authorizes the Committee to contract for professional services. Requires the Committee to report to the Speaker and President Pro Tempore within two years of the date the act becomes law. Terminates the Committee upon the earlier of either the submission of the report or two years after the date the act becomes law.