House committee substitute to the 1st edition makes the following changes. 

Revises the proposed changes to GS 58-79-1 (covering fires investigated, reports, and records) to authorize the Commissioner of Insurance (Commissioner) through the Office of State Fire Marshal and the Director of the State Bureau of Investigation (SBI) through the SBI (was, the Commissioner and the SBI), in addition to local law enforcement and fire officials/agencies, to investigate all fires where property has been destroyed or damaged and to determine whether the fire was set intentionally or by carelessness. Now grants the SBI Director and the Commissioner the right to supervise and direct a preliminary fire investigation upon determination by the official who conducts the preliminary investigation (was, when the Director or the Commissioner deems it expedient or necessary). Replaces the new provision giving the SBI Director exclusive right to supervise and direct investigations in cases involving death or serious bodily injury, to instead provides that if the official who conducts the preliminary investigation requests investigative assistance from a State agency, the SBI Director, through the SBI, has the exclusive right to supervise and direct investigations in cases involving death or serious bodily injury, first- or second-degree arson, buildings owned or occupied by State or local government, and buildings owned or leased by education institutions, churches, or religious buildings. 

Makes technical changes to the proposed changes to GS 58-79-5, GS 58-79-10, and GS 58-79-15

House committee substitute to the 1st edition makes the following changes.

Amends GS 8-58.1(a) (injured party as witness when medical charges at issue) as follows. Specifies that the testimony of a person pursuant to GS 8-58.1 establishes a rebuttable presumption of the reasonableness of the amount paid or required to be in paid in full satisfaction of the charges.  

Amends GS 8-58.1(b) to now provide that if the injured party has health insurance that will, if filed by a particular health care provider (was, just provider), result in a reduction in the charge due to a contractual adjustment being taken by the provider, and such health insurance (was, just insurance) is filed  and no lien as set forth in GS 44-49 or GS 44-50 has been asserted, then the evidence as to the amount of the bill will be the amount paid by all sources and all amounts remaining to be paid. Now specifies that if a lien under GS 44-49 or GS 44-50 has been asserted, regardless of any defenses against the lien (previously, no mention of defenses against the lien), and the injured party has no health insurance or no health insurance (was, insurance) has been filed, then the evidence as to the amount of the charge that may be introduced in an action tried in the courts of North Carolina is the amount of the claimed lien plus any amounts paid toward the balance of  the original charges and any amounts due not included in the lien (was, just the amount of the claimed lien). Now provides that if the injured party is covered by Medicare, Medicaid, or any health plan or program (was, just Medicare and Medicaid), and such benefit provider chooses to pay the claim, the evidence of the amount of the charge shall be the amount actually paid by the benefit provider and, if any, the amount paid by or on behalf of the injured party from any source  and any amount left unpaid. Specifies that the rule does not impose upon the inured party an affirmative duty to seek a reduction in billed charges or submission of charges to a health insurer. 

Makes organizational and technical changes to GS 44-49(b) (pertaining to certain medical liens).

Amends the unfair claims settlement practices set forth in GS 58-63-15(11) (unfair competition and unfair trade practices in insurance) as follows.  Changes new GS 58-63-15(11)(p) so that the unfair practice is attempting to calculate the amount of a health care provider charge for the purpose of determining damages in a claim by a method other than that set forth in GS 8-58.1 as amended (previously applied to medical provider charges for a purpose other than an action tried in the State with certain exceptions). Adds new GS 58-63-15(11)(q) making it an unfair practice to apply GS 8C-1, Rule 414 or GS 8-58.1 to calculate a health care provider charge in any matter governed by Article 45C of GS Chapter 1, Revised Uniform Arbitration Act, or not governed by the Rules of Evidence.

Makes conforming changes to act’s long title.   

House committee substitute to the 1st edition makes the following changes.

Amends the definition of proceeds under GS 14-118.8 to mean funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of any act (was, an act or conduct that is punishable under GS 105-236). Expands the list of acts that constitute money laundering under GS 114-118.8 to also include when a person knowingly: (1) uses, conspires to use, or attempts to use the proceeds of criminal activity to conduct or attempt to conduct a transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership, or control of the proceeds of criminal activity or (2) uses the proceeds of criminal activity with the intent to promote, in whole or in part, the commission of criminal activity, so that there are six listed acts in total. Expands the forfeiture provisions to also allow for forfeiture under GS 14-2.3 (forfeiture of gain acquired through criminal activity). Provides that conspiracy is subject to the punishment scheme set forth in GS 14-118.8(f).  

House committee substitute to the 1st edition makes the following change. Amends new GS 90-413, to also make it unlawful for a health care provider to direct a person to knowingly and willfully destroy, alter, or falsify a medical record for the specified purposes. 

House committee substitute to the 1st edition makes the following changes.

Makes a technical change to state existing law in GS 20-279.5(c).

Replaces the proposed change to GS 20-279.15(2) to reflect the increase of required motor vehicle insurance coverage limit for bodily injury or death of one person from $30,000 to $50,000 in GS 20-279.1(11), defining proof of financial responsibility, as amended (previously referred to a new limit of $60,000).

Eliminates the proposed changes to GS 20-279.21(m), which would have required those who purchase motor vehicle insurance in the state to purchase underinsured motorist bodily coverage, to instead maintain existing law (currently, only required if applicable).

Makes a technical correction to the proposed changes to GS 58-37-35(b)(1)d.

House committee substitute to the 1st edition makes the following changes to new GS Chapter 1H, the North Carolina Coerced Debt Relief Act.

Amends the definition of claimant to include (was, include but not limited to) a debt collector or a debt buyer. Amends the definition of sworn written certification, which requires the document to be accompanied by one of eight listed items, to include (was, include but not limited to) information such as a credit card number or loan number to identify the associated account and the person in whose name the coerced debt was incurred.

Adds a new section to the Chapter, providing for filing a complaint or counterclaim under the Chapter. Makes organizational changes to move the following proposed provisions to new GS 1H-6: previous GS 1H-5(g); and subsections (a), (b), and (d) of previous GS 1H-6. Makes conforming changes to renumber sections and subsections as necessary. Makes technical changes to statutory cross-references. Refers to "counterclaim" rather than a "cross-complaint" by a debtor.

Regarding a court's authority to take steps necessary to prevent abuse of the debtor or an immediate family member of the debtor, provides that these steps may include (was, include but are not limited to) sealing court records, redacting personally identifiable information about the debt and any immediate family member of the debtor, and directing that any deposition or evidentiary hearing be conducted remotely. 

Regarding a claimant's right to collect a coerced debt from a person who used or possessed money, goods, services, or property obtained through the coerced debt, specifies that a claimant does not have standing against the debtor. Eliminates the Chapter's severability clause and the provision limiting Chapter 1H to debts incurred on or after July 1, 2023, except that a debtor may file a cross-complaint in an action filed by a claimant to collect a debt incurred prior to July 1, 2023, unless a final judgment has been entered in that action.

Enacts an uncodified severability clause. Adds that the act applies to debts incurred or actions filed on or after July 1, 2023. 

In a criminal prosecution, certain information that pertains to the credibility of an officer (Giglio information) must be disclosed to the defense. Current law requires that an officer be notified if they may not be called to testify based on Giglio information.  

Amends GS 17C-16 (Giglio obligations for individuals either certified by or employees of the NC Criminal Justice Education and Training Standards Commission [Commission]) and GS 17E-16 (Giglio obligation for justice officers in the office of the sheriff or certified by the North Carolina Sheriffs' Education and Training Standards Commission [Sheriffs’ Commission]) by amending that notification process as follows.

Defines Notification as a notification issued pursuant to GS 17C-16(b)/GS-17E-16(b)’s “Notification to be Reported” subsection to any person who is certified by the Commission/Sheriffs’ Commission or who has received a conditional offer of employment. Defines Notifying Authority as a superior court judge, district court judge, federal judge, district attorney, assistant district attorney, United States attorney, assistant United States attorney, or the person's agency head.

Requires preliminary notice to be issued to a person by a Notifying Authority if the Notifying Authority is considering sending a Notification at least 30 days before sending the Notification to that person, the Criminal Justice Division of the Department of Justice (Division), or the person’s agency head. Specifies that if the Notifying Authority cannot reasonably provide the written preliminary notice before making a disclosure at trial, in reference to the person’s bias, lack of credibility, or interest, the Notifying Authority cannot send the Notification to any party until the person has received written preliminary notice under GS 17C/17E-16 and the opportunity to be heard.  Lists four things that must be contained in preliminary notice, including what evidence the Notifying Authority is considering in anticipation of making the determination and the date, time, and location that a person may be heard and present material in their defense. Requires that opportunity to be heard at a meeting on the preliminary notice occur no sooner than 30 days after providing the person with preliminary notice. Prohibits the Notifying Authority from disallowing the person the opportunity to be accompanied by counsel at any meeting related to the preliminary notice or Notification. If the Notifying Authority determines that Notification is warranted, requires the Notifying Authority to, within 30 days of the meeting, notify the person in writing that they may not be called at trial due to bias, interest, or lack of credibility along with their right to file an appeal (a request for hearing) in superior court and the consequences if the person does not take an appeal. 

Sets forth an appeal process in superior court from a Notification as well as an appeal from a preliminary notice. Allows for a person who received a Notification to invoke both. Specifies that if a person chooses to take either appeal that they have no obligation to report the Notification to the Division or the person's agency head until completion of the appeals process. Bars the Notifying Authority from reporting the Notification to the Division or the person’s agency head until the conclusion of the appeals process. Prevents the Notifying Authority from reporting the Notification to the Division or Agency Head if it does not comply with GS 17C-16(b)/GS-17E-16(b), including the meeting discussed above.

Sets the evidentiary standard in an appeal of Notification as whether a preponderance of evidence establishes that if the person were called to testify in a criminal court case, applicable law would require that the person's bias, interest, or lack of credibility be disclosed to the defense. Allows for evidentiary hearings necessary to make that determination where both person and Notifying Authority have the right to be heard. Requires findings of fact and conclusions of law. Specifies process for notification if person loses on appeal and for revocation of the Notification if the Notifying Authority does not prevail. Requires a different superior court judge to conduct all appeal hearings if the Notifying Authority was a superior court judge.

Limits the considerations on appeal of a preliminary notice to whether the person received preliminary notice and whether notice conformed to the statutory requirements. Sets the evidentiary standard as preponderance of the evidence and requires findings of fact/conclusions of law. If the superior court finds that the contents of the notice complied with the statutory requirements requires that the meeting described above occur within a specified time. Provides for preliminary notice if the Notifying Authority does not prevail.

Expands notified person’s and Notifying Authority’s reporting duties to the notified person’s agency head.  Permits a Notifying Authority to reverse, rescind, or otherwise remove a Notification upon receipt of additional supporting or corroborating information, or a change in factual circumstances, or for any other reason, at any time. Requires notice to notified person, the Division, and the agency head in writing if that occurs.  Provides a process for notified person to request to be exempt from the Division's reporting requirements. Expands exemption from public records provision to exempt reports and notifications received by a person and the person’s agency head, in addition to the Division from State public records law.

Provides that GS 17C-16(b)/GS-17E-16(b) should not be construed to limit the constitutional obligations of prosecutors and judges related to Giglio information. Prohibits employers from using a disclosure notification as a sole reason for demotion, suspension, termination or any other disciplinary action. Permits employers to use the underlying facts that were the basis for the Notification to take disciplinary action against the law enforcement officer in line with the law enforcement agency’s adopted procedures and governing law.

Allows for retroactive review of Notifications under GS 17C-16(b)/GS-17E-16(b) as amended by the act. Amends reporting requirements by changing the report due date.

Makes conforming and organizational changes. 

Amends GS 163-35.1, providing for the county board of elections (county board) to recommend the dismissal of the county director of elections to the Executive Director of the State Board of Elections (SBE) by petition signed by a majority of the county board (previously referred to recommended termination). Adds a new requirement for the county director to be suspended if the petition states as a reason for dismissal any of the disqualifications of a county director set forth in GS 163-35(a)(1) through (a)(7), which includes holding public office and felony convictions, or Article 4A, which sets limitations on participation in political activities; requires suspension until completion of the statute's dismissal procedure. Adds that the decision to initiate a petition for dismissal is not subject to public meetings laws in Article 33C, GS Chapter 143, and deems the petition not public record. 

Requires the Executive Director to give immediate written notice to the county director upon receipt of the petition, and include a copy of the petition (previously, did not specify timing or that the notice be written). Permits the county director to respond to the petition within 15 calendar days (was, 15 days) of initial notification by the Executive Directors; adds that the response is not public record. Requires the Executive Director to make a dismissal or retention decision with 20 calendar days (was, 20 days) of receipt of the county director's response or expiration of the 15-day window to respond. Requires the Executive Director to notify the county board and county director upon either determination, and deems notifications of retention not public record, while notifications of dismissal are public record at the time of notice, except as provided in GS 163-27.2 relating to criminal histories. Allows for the Executive Director's decision to be deferred by SBE vote at an open meeting, and upon deferral, requires notice to the county director and the county board (was, county director only) of the opportunity to be heard and to present witnesses and information to SBE in an open meeting, prior to making a final decision. Deletes provisions relating to authority of SBE members to designate members to conduct the hearing and make final determinations. Deems SBE decisions final and all documents related to dismissal decisions public record. 

Authorizes SBE, upon majority vote in an open meeting and upon recommendation of the Executive Director, to initiate proceedings to dismiss a county director upon just cause, stating reasons for dismissal (previously referred to initiation of termination proceedings and did not require voting in an open meeting). Similar to county board petitions, requires suspension of the county director if the petition states as a reason for dismissal any of the disqualifications of a county director set forth in GS 163-35(a)(1) through (a)(7) or Article 4A; requires suspension until completion of the statute's dismissal procedure. Requires immediate written notice to the county director in addition to the existing requirement to send a copy of the petition, and grants the county director 15 calendar days (was, 15 days) to respond. Requires SBE to notify the county directors and the county board (was, the county director only) of the opportunity to be heard, present witnesses and provide information to SBE prior to making a final decision. Deletes provisions relating to authority of SBE members to designate members to conduct the hearing and make final determinations. Deems all documents related to dismissal decisions public record. Regarding the Executive Director's authority to suspend county directors without pay and without warning for cause, limits suspension to five business days (was, five days). Makes conforming changes. Makes organizational and technical changes throughout. 

Makes technical and clarifying changes to GS 163-35. Makes language gender neutral. 

Effective October 1, 2023, and applies to dismissals or suspensions initiated on or after that date. 

Part I.

Amends GS 116-33, making technical and clarifying changes to the powers and duties granted to boards of trustees of constituent institutions, and adds the duty to ensure use of institutional resources, including evaluating and eliminating unnecessary or redundant expenses, personnel, and areas of study. Similarly, amends GS 115D-20, adding to the powers and duties of boards of trustees of community colleges the duty to ensure use of institutional resources, including evaluating and eliminating unnecessary or redundant expenses, personnel, and areas of study. Directs each constituent institution and community college to report to the UNC Board of Governors (BOG) or the State Board of Community Colleges (SBCC) on steps taken to comply with the new requirements. Requires the BOG and SBCC to jointly report this information to the specified NCGA committee by March 15, 2024, and include recommendations to further reduce expenses and streamline services. 

Part II.

Amends GS 116-11 and GS 115D-5 to require the BOG and SBCC, respectively, to adopt a policy setting minimum enrollment requirements for all undergraduate classes, allowing variance for the particular institution or college's enrollment, the percentage of students enrolled in a particular subject area, and any other relevant factors. Bars offering a course that does not meet the minimum established enrollment requirements prior to the first day of class. 

Part III.

Enacts substantively identical provisions in new GS 116-11.4 and GS 115D-82, requiring faculty at constituent institutions and community colleges to be employed at will or pursuant to a term contract of one, two, three, or four years. Requires timely notice of a constituent institution or community college's decision not to renew the contract. Limits discharge, suspension without pay, or demotion of faculty during the term of a contract except for one of six listed grounds, including incompetence, serious misconduct, or major curtailment or elimination of a teaching, research, or public-service program, and in any case, requires timely notice and an opportunity for a hearing before the appropriate chancellor or president, who must make a determination on discharge, suspension, demotion, or other appropriate action. Provides for faculty to appeal the chancellor or president's decision to the respective board of trustees, with the full board of trustees' decision being final. Amends GS 116-11 and GS 115D-5 to direct the BOG and SBCC to adopt a policy on faculty contracts consistent with new GS 116-11.4 and GS 115D-82, respectively. Applies beginning with persons hired on or after July 1, 2024. Bars faculty members hired by a constituent institution or community college on or after that date from receiving academic tenure. 

Part IV.

Further amends GS 116-11 and GS 115D-5 to require the BOG and SBCC to adopt a policy prohibiting the use of State and non-State funds held by constituent institutions and community colleges for listed extracurricular activities, including social fraternities and sororities, and all activities related to political, social, or religious issues as specified. Excludes varsity, club, or intramural athletics; band; student government; academic clubs; and nonsocial fraternities and sororities. 

Part V.

Further amends GS 116-11 and GS 115D-5 to require the BOG and SBCC to adopt a unified undergraduate admissions application for all postsecondary constituent institutions and community colleges, respectively, and a policy prohibiting constituent institutions and community colleges from adding to or modifying the adopted unified admissions application. 

Part VI.

Further amends GS 116-11 and GS 115D-5 to require the BOG and SBCC to take three described actions to improve the Career and College Promise Transfer Pathway Program: (1) encourage all constituent institutions and community colleges to admit students who were enrolled in the Program, (2) coordinate between the BOG and SBCC and the Department of Public Instruction (DPI) to maximize course credits that students can transfer from the Program, and (3) provide each constituent institution and community college with information and administrative support to achieve the described directives. Bars constituent institutions and community colleges from limiting the total credit hours earned under the Program that can be transferred. 

Part VII.

Further amends GS 116-11 and GS 115D-5 to require the BOG and SBCC to encourage all constituent institutions and community colleges to take maximum advantage of federal scholarship funds, including Pell Grants and scholarships related to the ROTC, and provide each institution and college information and administrative support to further this purpose.

Part VIII.

Directs the UNC System Office and the Community Colleges System Office to study and jointly report to the specified NCGA committee by March 15, 2024, on the administrative services, defined to include human resources, accounting, finance, purchasing, healthcare, and information technology, provided by each educational institution. Describes required content, including a proposed plan to consolidate or manage services or positions identified that could be used more efficiently or inexpensively in one or the other Office, within one academic year. Includes defined terms.

Part IX.

Directs each constituent institution and community college to study all noninstructional research performed by higher education personnel (defined to include students, staff, or faculty, whether full-time or part-time) and report to the BOG or SBCC, as appropriate. Directs the BOG and SBCC to jointly report to the specified NCGA committee by March 15, 2024, with specified information disaggregated by institution, category of personnel, and subject area, to the extent possible. Includes defined terms.

Part X.

Directs each constituent institution and community college to study the daily usage and capacity of all buildings operated by the institution and report to the BOG or SBCC, as appropriate. Directs the BOG and SBCC to jointly report to the specified NCGA committee by March 15, 2024, with specified information disaggregated by institution.

Directs the Department of State Treasurer (Department) to study the costs and benefits that would result from a State-administered and State-audited vaulting bullion depository. Provides that the depository would be the custodian, guardian, and administrator of certain bullion and specie to be transferred to or otherwise acquired by the State or any entity or instrumentality thereof, as well as provide a repository for investors to use for precious metal assets. Directs the Department to report to the specified NCGA committee by January 1, 2025. 

Appropriates $2 billion from the Savings Reserve to the Department for 2023-24. Directs the Treasurer to acquire the appropriated money for the acquisition of gold bullion to be stored with the Texas Bullion Depository. Requires the Treasurer to continue to store the gold bullion pursuant to the act until the earlier of the establishment of a bullion depository in the State or when conversion back to currency is needed in order to meet State budgetary requirements, whereby the Treasurer is required to complete the conversion and deposit the amount into the General Fund. Effective July 1, 2023.

Amends GS 58-31-13 to require the Commissioner of Insurance (Commissioner) to notify the proper State agency regarding the Commissioner's determination that an undue hazard to life, safety, or property due to a defect, condition, or use of a building owned by the State (was, limited to a condition or use of the building), in addition to advising the agency on how to limit or prohibit the use of the building until the hazard is abated. Adds new authority for the Commissioner to restrain, correct, or abate such described violation or prevent the occupancy or use of the building, structure, or land until such described violation is corrected. 

Amends GS 58-31-40, regarding the Commissioner's duty to conduct fire safety inspections of every State property, to now require the Commissioner to provide written notification to the agency or official in charge of the property pursuant to the procedures of GS 143-139(e1) (previously did not specify the manner) of any defect, condition, or change of use (was, defect only) noted by the Commissioner or any improvement considered by the Commissioner to be necessary, with a copy of the notice forwarded to the Department of Administration. Adds new authority for the Commissioner to restrain, correct, or abate the violation or prevent the occupancy or use of the building, structure, or land until the violation is corrected upon determining an imminent undue hazard to life, safety, or property due to a defect, condition, or the use of a building owned by the State. Adds a new duty of the Commissioner to supervise and inspect all work done and materials used in the construction or renovation of all State buildings, including all community college buildings, that pertains to the electrical systems and fire protection features and components of the construction or renovation. Directs the Commissioner to act as the appropriate official inspector or inspection department for the purposes of GS 143-143.2. Prohibits the State or any State agency from accepting work subject to this new supervisory authority of the Commissioner until the work has been approved by the Commissioner. Changes the section's caption.

Amends GS 143-139 to distinguish the enforcement of the NC Building Code pertaining to fire protection from the general enforcement authority of the Code granted to the Department of Administration. Adds new subsection (e1), granting the Commissioner the general authority to supervise, administer, and enforce all sections of the Building Code pertaining to electrical and fire protection features and components during the construction or renovation of State property generally, and to inspect and approve construction pursuant to GS 58-31-40, except those sections for which enforcement is specifically allocated to other agencies in subsections (c), (d), and (e) of the statute. Establishes procedures for when the Commissioner notes a defect or condition or an improvement necessary to comply with the Code pertaining to electrical systems and fire protection of State property, including the Commissioner notifying the Department of Administration, which must respond within 30 days of notice indicating that the defect, condition, or improvement has been addressed, completed, or intent exists to formulate a plan to address the defect or condition. When the defect or condition noted results in an imminent undue hazard to life, safety, or property, authorizes the Commissioner to (1) prevent the unlawful maintenance, erection, construction, reconstruction, or alteration of purpose; (2) restrain, correct, or abate the violation; or (3) prevent the occupancy or use of the building, structure, or land until the violation is corrected. Mandates buildings receive a Certificate of Occupancy from the Commissioner prior to occupancy, conditioned upon all required inspections having been completed and the work approved. Requires the Department of Administration to provide records of all inspections and approvals required by the Building Code to the Commissioner. Makes conforming changes. 

Amends GS 143-340, adding to the Secretary of Administration's powers and duties with regard to the protection of all public buildings and grounds from fire, to require consultation and cooperation with the Commissioner with regard to fire protection features and components, and electrical installation means for buildings and properties owned by the State. Makes language gender neutral. 

Amends GS 143-341(3), revising the Department of Administration's powers and duties with regard to architecture and engineering of State buildings, to require the Commissioner's approval of all work done in the construction or renovation of State buildings for purposes of electrical and fire protection features and components for buildings and properties owned by the State pursuant to new GS 143-139(e1), prior to acceptance by the State or any State agency. Makes technical changes. 

Amends GS 143-345.11 to add GS 58-31-13 and GS 143-139(e1) to the statutory authorities of the Commissioner that are not abrogated by the Secretary of Administration's authority over State building plans.

Effective October 1, 2023. Repeals the act, effective October 1, 2023, if, prior to September 1, 2023, the Secretary of the Department of Administration and the Commissioner of the Department of Insurance enter into a memorandum of understanding (MOU) outlining the division of responsibility between the Departments regarding electrical, fire, and life safety inspections, and submit the ratified MOU to the specified NCGA committee and the Revisor of Statutes by September 10, 2023.

Enacts new GS 143B-908 (North Carolina Anti-Littering Fund), as a special fund established with the Department of Public Safety (DPS) to make reimbursements to people and entities for expenses related to video recording equipment used to assist in the prosecution of littering offenses under GS 14-399. Requires DPS to adopt rules for eligibility and allocations of reimbursement payments. Rules must require that the video recordings be used to assist law enforcement and/or district attorneys’ offices in the prosecution of littering offenses, and proof of ownership and itemized expenses related to the video recording equipment used by the person. 

Appropriates $50,000 to the North Carolina Anti-Littering Fund from the General Fund for 2023-24. The appropriation is effective July 1, 2023. 

Establishes the Breakthrough Therapies Research (BTR) Grant Fund as a nonreverting special fund in the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DHHS; Division). Directs that funds be used to award two competitive BTR Grants of $2.5 million each, by July 1, 2024, to recipients for eligible research projects or studies to pay for associated costs. Requires the Division to grant awards by August 1, 2024. Limits applicants to federal medical or research entities and academic institutions located in the State with infrastructure and staff experience to support the funded research. Requires research to be conducted in the State and all participants to be at least 21. Requires applicants to attest that funds will be used to conduct research on the use of one of two psychedelics, MDMA and psilocybin, and comply with FDA protocols and federal law. Establishes specific parameters for research involving MDMA, including concentrating on the treatment of PTSD within specified disproportionately impacted populations, including military veterans, first responders, frontline healthcare personnel, and domestic violence or sexual assault survivors. Establishes specific parameters for research involving psilocybin, including concentrating on the treatment of anxiety and depressive disorders. Requires all studies to measure participant base pain levels and any changes that may be related to breakthrough therapies, defined as any drug that has been designated as such for which an expedited approval pathway has been granted by the FDA. Requires grant recipients to report to the Division and the BTR Advisory Board, as established, by January 15, 2028. Specifies that the grant amount is intended to fund three years of research study. Directs the Division to announce the recipients and report to the specified NCGA committee by July 1, 2024. Details required content of the report with respect to award recipients and their research projects or studies. Directs the Division to adopt any necessary implementing rules, and to determine the method any manner to be used for grant applications. 

Establishes the Breakthrough Therapies Research Advisory Board (BTR Advisory Board) within the Division, consisting of 13 members appointed as specified, with members appointed by the Governor or the NCGA, or serving on the Board by way of office held, or by designation by a named officer. Details appointed member qualifications, including professional licensing and experience requirements, and specifies that the BTR Advisory Board is intended to provide statewide geographic representation that is balanced and diverse. Requires initial appointments by December 1, 2023, with vacancies occurring thereafter filled in the same manner of appointment. Enumerates five duties of the BTR Advisory Board, including (1) reviewing grant applications and making recommendations to the Division regarding research projects or studies to be funded, (2) annually reporting to the Division, beginning by December 1, 2024, any updated based on its monitoring of the grant projects or studies, and (3) submitting a report to the Division evaluating the research findings and recommendations submitted by the grant recipients, by December 1, 2028, along with any recommendations for continuation of the pilot. Sunsets these provisions on December 31, 2028.

Effective July 1, 2023, appropriates $5.4 million from the General Fund to the Division for 2023-25. Requires $5 million to be deposited into the BTR Grant Fund, and $400,000 to be used by the Division for administrative costs of the pilot program, including costs of the BTR Advisory Board. 

Includes whereas clauses.

Amends GS 115C-83.15 to require the State Board of Education (State Board) to award racial and ethnic proportionality scores and a proportionality designation in addition to school achievement, growth, and performance scores and associated grade. Details proportionality score calculation and assignment of a proportionality designation for each school, in order to compare the demographic profile of the school to that of the county in which the school is located. Provides for school proportionality designations from highly proportional to highly disproportional, based on the proportionality score calculated for each school.

Additionally requires the State Board to calculate measures of equality of access for subgroups in each school that serves the minimum number of students in the four subgroups identified in subsection (d1) (subgroups include economically disadvantaged students; students from major racial and ethnic groups; children with disabilities; and English learners) to demonstrate the extent to which each school's population of each subgroup has access to school resources associated with high educational achievement. Specifies calculations the State Board must make regarding participation in or exposure to certain programs and teachers for racial and ethnic subgroups and economically disadvantaged subgroups within a school. Specifies calculations the State Board must make regarding the school and subgroup's average of certain activities and staff ratios for racial and ethnic subgroups and economically disadvantages subgroups within a local school administrative unit.

Details required display of the new data on the annual report card, including indicating progress made by the school or unit towards reducing segregation and providing students with equality of access to school resources associated with high educational achievement.

Appropriates $250,000 from the General Fund to the Department of Public Instruction for each year of the 2023-25 biennium to comply with the act. 

Makes conforming changes to GS 115C-12 regarding annual report cards. Additionally specifies that identification of military-connected students cannot be used for purposes of determining annual report card scores, including racial and ethnic proportionality scores.

Adds and defines proportionality designation and racial and ethnic proportionality score to the defined terms set forth in GS 115C-83.17.

Effective July 1, 2023. Applies beginning with reports based on data from the 2023-24 school year.

Section 1

Amends GS 15A-242 by making clarifying changes.

Amends GS 15A-244 by adding in new (b) that for an officer to be able to break and enter any premises or vehicle in the execution of a search warrant pursuant to GS 15A-251(b) (when the officer has probable cause to believe that the giving of  notice would endanger the life or safety of any person) the application for a search warrant must contain, in addition to the already required elements: (1) a statement that there is probable cause to believe that the giving notice of the execution of the search warrant would endanger the life or safety of any person; (2) allegations of fact particularly setting forth the facts and circumstances establishing probable cause to believe that the giving of notice of the execution of the search warrant would cause such endangerment. Makes additional clarifying changes.

Amends GS 15A-251 by amending one of the two circumstances under which an officer may break and enter any premises or vehicle when necessary to execute a warrant, to include when the warrant includes the statement and allegations of fact required by GS 15A-244(b) (was, when the officer has probable cause to believe that the giving of notice would endanger the life or safety of any person).

Makes clarifying changes to the following statutes and makes language gender neutral: GS 15A-245, GS 15A-246, GS 15A-247, GS 15A-249, GS 15A-253, GS 15A-254, and GS 15A-255.

Applies to search warrants issued on or after October 1, 2023.

Section 2

Amends GS 15A-401(d)(2), which sets out when a law-enforcement officer is justified in using deadly physical force, by adding that the use of deadly force includes strangleholds, chokeholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck.

Section 3

Enacts GS 20-196.6, requiring State Troopers to use body-worn cameras, as follows. Specifies State Troopers must use body-worn and dashboard cameras in all interactions with members of the public, including, but not limited to: traffic stops, pursuits, arrests, searches, interrogations not covered under GS 15A-211, interviews with victims and witnesses, and interactions with inmates of a State correctional facility or local confinement facility. Specifies that this does not apply during undercover operations. Enacts new GS 143B-927.1, enacting the same provisions, applicable to the State Bureau of Investigation (SBI). Enacts new GS 153A-213 enacting the same provisions, applicable to county law enforcement officers. Enacts new GS 160A-290 applicable to city law enforcement officers.

Enacts new GS 74E-10.1, enacting the same provisions, applicable to a company police agency. Limits the specified instances in which body-worn and dashboard cameras are to be used to arrests, searches, interrogations not covered under GS 15A-211, and interviews with victims and witnesses.

Enacts new GS 74G-10.1, enacting the same provisions, applicable to a campus police agency. Amends the specified instances in which body-worn and dashboard cameras are to be used by including all interactions listed for State Troopers except interactions with inmates of a State correctional facility or local confinement facility.

Effective October 1, 2023 and applies to interactions occurring on or after that date.

Section 4

Amends training standards required to qualify for entry level employment and retention as a criminal justice officer set forth in GS 17C-6 (powers of NC Criminal Justice Education and Training Standards Commission [Commission]) and GS 17E-4 (powers of NC Sheriffs’ Education and Training Standards Commission [Sheriffs’ Commission]), as follows. Requires education and training on the use of force, the use of deadly force, excessive force, methods for intervening when witnessing excessive force, de-escalation tactics, and methods of warning individuals prior to discharging a firearm. Requires in-service training for sworn law enforcement officers to also include, use of deadly force, de-escalation tactics, excessive force, methods for intervening when witnessing excessive force, and methods of warning individuals prior to discharging a firearm. Requires the Commission and Sheriffs’ Commission to issue temporary rules to implement new training requirements. Makes technical changes. Effective October 1, 2023, and applies to entry-level education and training and in-service training required on or after that date.

Creates the Orphan Roads Maintenance Program Grant Fund within the Department of Transportation (DOT), for the improvement of subdivision streets that don’t meet the DOT standards for addition to the State highway system. 

Appropriates $75 million to the DOT from the Highway Fund for 2023-24 to establish the orphan roads fund. 

Requires the Secretary of Transportation to establish procedures and adopt rules for awarding funds to counties from the orphan roads fund, and provides applicable requirements to be incorporated into the rules. 

Effective July 1, 2023. Repealed effective June 30, 2028, and then the DOT must transfer any unused funds to the Highway Fund. 

Substantively identical to S 576, filed 4/4/23.

Amends various sections of GS Chapter 50 to establish the presumption of joint custody and shared parenting arrangements as in the best interests of a child. Amends GS 50-13.01 (Purposes) to add new subsection (6), making it State policy to encourage parental agreements and joint/shared custody arrangements where a child spends equal time with each parent. Amends GS 50-13.1 (Action or proceeding for custody of minor child), subsection (b)(2), to add to the mediation goals the development of a custody and visitation agreement that equalizes to the greatest extent possible the amount of time a child spends with each parent. Amends GS 50-13.2 to add “presumption of shared parenting” to the title, and to add new subsection (a1), creating a rebuttable presumption that joint custody and shared parenting is in the best interest of the child, along with eleven relevant factors for the court to consider when preparing a shared parenting schedule. Also adds new subsection (a2), outlining conditions that will rebut the presumption that shared parenting is in the child’s best interest, and makes clarifying changes to subsection (b). 

Identical to S 16, filed 1/25/23.

Enacts new Article 11C, Preserving Competition in Health Care Act, to GS Chapter 131E. Sets forth defined terms. Defines hospital entity to include any licensed hospital, whether corporate or governmental, and any affiliated entity. Defines transaction as:

• the disposition of a material amount of assets or operations of any hospital entity to any person or entity other than another hospital entity that controls, is controlled by, or is under common control with such hospital entity; 
• the transfer of control or governance of a hospital entity to a person or entity other than another hospital entity that controls, is controlled by, or is under common control with such hospital entity;
• any binding legal obligation between two or more persons that results in a transfer of control, responsibility, or governance of a substantial portion of a hospital entity's assets to an acquiring entity;
• any transaction that would be subject to review under the Article if it was structured as a purchase, merger, or joint venture; 
• any transaction determined by the Attorney General (AG) to merit review because the transaction would have a meaningful effect on competition in any part of the State among hospital entities;
• any of the above transactions that is entered into by a hospital entity or by any person or entity that controls, is controlled by, or is under common control with such hospital entity; or
• dispositions of a substantial portion of a hospital entity's assets made in the course of a bankruptcy proceeding.

Excludes from the Article's scope transactions that are in the usual and regular course of a hospital entity's activities which the AG has provided a written waiver for the transaction. Deems the AG's determination final and not subject to judicial review unless found to be arbitrary and capricious. 

Establishes the following procedure for hospital entities to notify the AG of proposed transactions and the AG to review and make determinations with respect to transactions subject to the Article.

Requires hospital entities subject to the Article to provide the AG with written notice of a proposed transaction and certification that a copy of the Article has been provided to each member of the governing board or board of trustees of the hospital entity. Allows for a single written notice to suffice for both the hospital entity and acquiring entity, subject to the AG requesting more information as needed. Provides for the effect of the notice and directs the AG to adopt rules regarding required content and manner of the written notice. Requires the AG to provide the hospital entity and acquiring entity with written acknowledgement of receipt of the written notice, at which time a 90-day review period begins within which the AG must notify the hospital entity in writing of its decision to either object to or take no action regarding the proposed transaction. Provides for the AG to extend the review period for up to 60 days. Prohibits the parties consummating the transaction during the review period.

Additionally requires the hospital entity to give written notice of the proposed transaction by publication in at least one newspaper in general circulation in each relevant county, as specified, within five days after providing written notice to the AG. Details requirements of the published written notice and deems failure to provide this notice as sufficient grounds for the AG to object to the proposed transaction. Requires the hospital entity and acquiring entity to hold at least one public hearing within 30 days after providing written notice to the AG, but not within 14 days after publication of written notice. Details hearing requirements, including seven days' written notice to the AG of the time, date, and location of the public hearing. Also requires the hospital entity and acquiring entity to give written notice to the relevant local governing bodies, as specified. Requires AG approval to conduct the public hearing electronically. Provides specific hearing requirements for hospital entities that are nonprofits or publicly owned entities. Allows the AG to conduct an additional public hearing, subject to similar notice requirements. Deems the parties to the proposed transaction responsible for the costs of all public hearings. Excludes dispositions made in the course of a bankruptcy proceeding. Allows the AG to partially or completely waive the public hearing requirements.

Lists eight considerations the AG must address in making a determination about the proposed transaction, including whether the proposed transaction is in the public interest and whether there is an objection by a local governing body. Includes an additional eight considerations the AG must address in making a determination about a proposed transaction that would alter the control or governance of a nonprofit or publicly owned hospital entity, including whether the proposed transaction would result in private inurement to any person. Finally, requires the AG to consider whether the transaction complies with Article 2 of the Chapter for those that involve a hospital owned by a municipality or a hospital authority. 

Authorizes the AG to demand the hospital entity giving notice to provide information the AG deems reasonably necessary to complete a review of the transaction. Deems failure to timely provide such information sufficient grounds to object to the transaction. Grants the AG authority to contract, consult and receive advice from any State or US agency, or contract with experts or consultants, to assist in transaction review. Allows the AG to request from the Department of Health and Human Services (DHHS) a report of the anticipated effects of any proposed transaction on access to, or the pricing of, health care services in any part of the State; allows extension of the review period upon requests of such reports so long as the total review period does not exceed 180 days from the AG's notice that the parties have submitted a complete notice. Authorizes the AG to impose specified fees upon the acquiring entity, including contractual costs of the AG, and up to $50,000 for the AG's actual review costs and DHHS's actual costs for report preparations. Allows the acquiring entity to seek an order from a court to limit its liability for imposed fees. Details procedures for such an objection and the effect of failing to pay imposed fees.

Establishes requirements for instances in which the AG objects to the proposed transaction. Requires the AG to file an action seeking injunctive relief in superior court within 30 days after notifying the parties of the objection, subject to the parties mutually agreeing to extend the filing deadline. Details procedures of such actions based on whether the hospital entity is a nonprofit or publicly owned entity, or a for-profit entity. In either instance, the court can issue a final determination approving the transaction, approving the transaction subject to modification, or disapproving the transaction. Allows appeal of the court's decision, except prohibits the AG from appealing a court's approval of the transaction subject to the same modification the AG initially sought. Allows any party to decline to enter into a transaction modified by court order. Deems modified transactions entered into not subject the AG's objection. 

Following the AG not objecting to the proposed transaction or a final determination by a court approving the transaction, subjects the acquiring entity to post-transaction monitoring by an independent health care access monitor for at least three years. Details requirements for such monitoring through a contract between DHHS and the acquiring entity. Requires the independent health care access monitors retained by DHHS to quarterly report to the AG and DHHS as specified. Authorizes the AG to extend the post-transaction monitoring period for up to seven years, but caps monitoring at ten years following consummation of the transaction, and requires DHHS and the Department of Justice to each pay 25% of the remaining monitoring costs beyond the initial three year monitoring period. Establishes annual reporting requirements for the acquiring entity or any foundation or charitable trust established in a transaction in which the hospital entity was a nonprofit or publicly owned entity. Creates a procedure for the AG to file an action to unwind the transaction or a court to alter control or governance of assets involved in a transaction if upon review of the post-transaction monitoring, the AG deems it reasonable and necessary.

Prohibits an acquiring entity from changing the financial assistance policy regarding uninsured or underinsured in effect immediately proceeding consummation of the transaction without first providing 120 days' written notice to the AG, its hospital staff, and patients who have previously benefited from the hospital entity's policy, with a limited exception for increases to applicable eligibility income limits. Details notice requirements for patients who previously benefited from the policy. Includes education requirements for the acquiring entity's physicians regarding new financial assistance policies and verbally informing patients of the new policy during the notice period.

Deems any transaction in violation of the Article void. Subjects each member of the governing board and each chief financial officer of the transaction entered in violation of the Article up to $1 million per transaction, with the AG instituting the action and a court determining the penalty amount. Prohibits DHHS from issuing hospital licensed to any party of a transaction entered in violation of the notice, public hearing, and review requirements of the Article. Specifies the effect of the Article on the AG's authority and the effect of the Article's penalties and remedies. 

Effective December 1, 2023, and applies to activities occurring on or after that date.

Identical to S 147, filed 2/22/23.

Part I.

Changes the requirements for a health care power of attorney under GS 32A-16(3) to now require the written instrument to be signed in the presence of two qualified witnesses or acknowledged before a notary public (previously, required signature in the presence of two qualified witnesses and acknowledgement before a notary public). Makes conforming changes to the statutory form for health care power of attorney, set forth in GS 32A-25.1. No longer provides a weblink to the Advance Health Care Directive Registry.

Part II.

Changes the requirements for a health care declaration under GS 90-321 to now require the written document to be either (1) signed by the declarant in the presence of a notary public or two witnesses (was, two witnesses only) who believe the declarant to be of sound mind and who state that they are not four specified individuals with respect to the declarant, or (2) proved before a clerk or assistant clerk of superior court or a notary public (previously, required signature in the presence of two witnesses as described and to be proven before a clerk, assistant clerk or notary public). Makes conforming changes to the definition given for declaration. Makes conforming changes to the statutory form for advance directive for a natural death set forth in subsection (d1). No longer provides a weblink to the Advance Health Care Directive Registry.

Part III.

Allows for submission of specified documents and revocations to the Secretary of State for filing in the Advance Health Care Directive Registry under GS 130A-466 in electronic or hard copy format. No longer requires documents and revocations to be notarized (previously, only anatomical gift declarations were not required to be notarized). Adds a Health Insurance Portability and Accountability Act (HIPPA) waiver to the documents and revocations that can be filed.

Amends GS 130A-468 to direct the Secretary of State to file documents received in electronic format that can be filed with the registry to enter that document into the registry database and send a wallet-size card containing the document's file number and password to the person who submitted the document. Makes clarifying changes to specify existing similar procedures apply to hard copy documents received. Authorizes the Secretary of State to remove documents of deceased registrants from the registry upon notification of death in writing in a form acceptable to the Secretary of State.

Part IV.

Effective October 1, 2023. 

Enacts new GS 143B-1417 (pertaining to text or short message emergency communications), which requires that a PSAP, or public safety answering point (i.e., the public safety agency that receives an incoming 911 call and dispatches appropriate public safety agencies to respond to the call) with the capability to receive text or short message service (SMS) messages must utilize text or SMS messages as an option for a person to contact an appropriate PSAP for emergency assistance.

Appropriates from the General Fund for 2023-25 fiscal biennium to the Department of Information Technology (DIT) $65,000 in recurring funds for the 2023-24 fiscal year and $65,000 for the 2024-25 fiscal year to establish one new FTE position within DIT to coordinate and assist public safety answering points statewide in implementing best practices and community education related to 911 emergency communications via text and SMS. Effective July 1, 2023.

Amends GS 14-360, concerning cruelty to animals, as follows. Expands upon the offense to also make it a Class 1 misdemeanor to deprive an animal of adequate space or to cause any animal to be deprived of the same. Adds and defines the terms adequate space, animal, freedom of movement, extreme weather, lawful hunt, and torture, torment, or cruelly. Adds to the exclusions from the offense under the statute the use of a dog in a lawful hunt. Makes additional clarifying changes. Makes organizational changes so that intentionally and maliciously are separately defined terms. Effective December 1, 2023, and applies to offenses committed on or after that date.

Amends the following provisions concerning home schools. Amends GS 115C-563 to replace the term "duly authorized representative of the State" with "Director," defined as the Director, Division of Nonpublic Education, or his or her designee. Adds and defines "parent" as a parent or legal guardian.

Amends GS 115C-564 by adding the requirement that home school have a chief administrator, who is a parent of one or more of the children in the home school, who will be responsible for submitting required information to the Director. Requires the chief administrator to annually submit a notice of intent to operate a home school; requires the Director to establish what information must be included in the notice and requires that at least the nine listed pieces of information be provided. After receiving the notice, requires the Director to issue an acknowledgement of operation unless the school is not authorized to operate. Makes a home school receiving the acknowledgement eligible to satisfy the requirements of compulsory school attendance. Prohibits a parent from establishing or continuing to operate a home school if: (1) the chief administrator or any other adult providing academic instruction to enrolled children has been convicted of any of the 14 listed criminal offenses, or (2) the child has been removed from the parent's custody following an adjudication that the child is an abused or neglected juvenile.

Applies to home schools operating beginning with the 2023-24 school year.

Amends GS 14-381.4 (felony child abuse) as follows. Amends GS 14-381.4(a2) to extend liability to parents or any other person providing care to or supervision of a child less than 16 years old (currently, parent and legal guardian) who commits or allows the commission of any sexual act upon the child. Adds new GS 14-381.4(a4) which makes it a Class B2 felony for a parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally and routinely inflicts physical injury on that child or deprive that child of necessary food, clothing, shelter, or proper physical care for the purpose of causing fear, emotional injury, or deriving sexual gratification. Makes technical and organizational changes. Effective December 1, 2023, and applies to offenses committed on or after that date.

Substantively identical to S 737, filed 4/6/23. 

Enacts new GS 143-162.6, as follows. Prohibits State agencies; political subdivisions of the State; trusts, committees, or commissions of any political subdivision of the State from using, enforcing, providing data for use in, or otherwise participating in the creation or use of ESG or ETI policies related to hiring, firing, or evaluating employees. Also prohibits considering ESG, ETI, or related criteria in the awarding of State contracts. Defines environmental, social, and governance (ESG) criteria or economically targeted investments (ETI) requirements to mean using a set of standards to screen potential investments based upon the perceived impact to the environment and the social relationships between a company's employees and the community. Includes in the term how a company's leadership is structured in support of those standards.

Adds new Article 85, State Employee Retirement Protection Act, in GS Chapter 143, providing as follows. Defines pension benefit plan or plan as any plan; fund; or program established, maintained, or offered by the State or any subdivision, county, municipality, agency, or instrumentality thereof; or any school, college, university, administration, authority, or other enterprise operated by the State, to the extent that by its terms or as a result of surrounding circumstances does either of the following: (1) provides retirement income or other retirement benefits to employees or former employees or (2) results in a deferral of income by employees for a period extending to the termination of covered employment or beyond.

Requires a fiduciary to discharge duties with respect to a plan solely in the pecuniary interest of the participants and beneficiaries for the exclusive purpose of both of the following: (1) providing pecuniary benefits to participants and their beneficiaries and (2) defraying reasonable expenses of administering the plan. Requires a fiduciary to discharge duties: (1) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with the relevant matters would use in the conduct of an enterprise of a like character and with like aims; (2) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (3) in accordance with the documents and instruments governing the plan insofar as the documents and instruments are consistent with this Article.

Prohibits plan fiduciaries from promoting non-pecuniary benefits or any other non-pecuniary goals. Specifies that environmental, social, corporate governance, or other similarly oriented considerations are pecuniary factors only if they present economic risks or opportunities that qualified investment professionals would treat as material economic considerations under generally accepted investment theories; sets out provisions governing consideration of those factors.

Requires all shares held directly or indirectly by or on behalf of a pension benefit plan or the beneficiaries thereof to be voted solely in the pecuniary interest of plan participants. Prohibits voting to further non-pecuniary, environmental, social, political, ideological, or other benefits or goals. Prohibits a fiduciary, unless no economically practicable alternative is available, from adopting a practice of following the recommendations of a proxy advisory firm or other service provider unless the firm or service provider has a practice of, and commits in writing to, following proxy voting guidelines consistent with the fiduciary's obligation to act based only on pecuniary factors. Prohibits plan assets, unless no economically practicable alternative is available, from being entrusted to a fiduciary, unless that fiduciary has a practice of, and commits in writing to following guidelines, when engaging with portfolio companies and voting shares or proxies, that match the plan's obligation to act based only on pecuniary factors. Places the authority to vote shares in a State official who is politically accountable to the people of the State. Sets out provisions governing proxy votes.

Allows the Attorney General to enforce this Article and sets out actions the Attorney General may take.

Effective October 1, 2023.

Includes a severability clause.

Identical to S 524, filed 4/3/23.

Amends GS 115C-302.10 to include among those teachers and instructional support personnel who are paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree or doctoral degree level certified school social workers with a degree at the master's, six-year, or doctoral degree level who would have qualified for the salary supplement pursuant to the specified State Board of Education policy as it was in effect on June 30, 2013.

Appropriates $500,000 in recurring funds from the General Fund to the Department of Public Instruction to make school social workers eligible to receive education-based salary supplements regardless of whether a master's degree is required for licensure, as provided above.

Effective July 1, 2023, and applies beginning with the 2023-24 school year.

Enacts Article 9, GS Chapter 75 to be cited as the Let Parents Choose Protection Act of 2023 or Sammy's Law of 2023. States legislative findings and defines seven terms. Requires large social media platform provider, as defined, with users in the State to create, maintain, and make available to any third-party safety software provider registered to do business in the State a set of third-party accessible real-time application programming interfaces and any information necessary to use the interfaces. Defines large social media platform as a website or online application that allows for use by a child, includes features that allow a child to share images, text, or video with other users with persons the child has met solely through the service, and has over 1 million monthly active users in the US or generates more than $500 million in annual gross revenue; provides for exclusions. 

Provides for availability of the interfaces upon request of the third-party safety software provider in order to facilitate a child of at least 13 years or a legal guardian of a minor to delegate permission to the third-party safety software provider for two tasks: (1) managing the child's online interactions, content, and account settings on the large social media platform on terms designated by the child or the legal guardian of a child; and (2) initiating secure transfers of user data from the large social media platform in a commonly used and machine-readable format to the third-party safety software provider; prohibits the social media platform provider from limiting the transfers to less than once per hour.

Requires compliance with the requirements within 30 days of the date the platform meets the definition of a large social media platform and continues compliance until the platform no longer meets that definition, or delegation is revoked, the account is disabled, or the provider rejects the delegation. Generally prohibits disclosure of user data by a third-party safety software provider, with five limited exceptions specified, including disclosure to a lawful request from a governing body. Requires the provider to notify the parent or legal guardian of the child that disclosure has been or will be made for certain disclosures pursuant to state law or involving the health or safety of the individual, unless that notice would place the child at risk or is prohibited by law as described. Provides for enforcement of the Article as an unfair and deceptive trade practice under GS 75-1.1.

Provides for the act's requirements of large social media platform providers to apply beginning 30 days after the act becomes law. 

Repeals Section 3(a) through (e) of SL 2015-170, which enacted GS 100-2.1, setting out provisions concerning limitations on removal of objects of remembrance, and amended GS 100-2, concerning State approval of memorials, monuments, and works of art and GS 160A-400.13, concerning the protection of objects of remembrance and historic landmarks.

Substantively identical to S 571, filed 4/4/23.

Adds new GS 143-300.1B, which limits the liability of nongovernmental organizations that contract with the Department of Health and Human Services (DHHS) and any county or local agency affiliated with DHHS. Under the new section, the nongovernmental organization may not be held liable for injury or damage caused by DHHS; the county or local agency; or any officers, employees or other agents of those entities. Each party must bear the cost of defending itself against claims from their respective acts and omissions. The section prohibits a court from waiving or suspending any of its provisions, and makes void any contract provisions that would impose liability on the nongovernmental organizations in violation of the section. 

Creates new GS 143-300.1C, which limits the liability of nongovernmental independent contractors that contract with DHHS or county or local agencies to the provisions of Article 31, GS Chapter 143. Specifies that independent contractors are functionally equivalent to DHHS to the extent they are performing health care services in the agency’s stead, and claims against the independent contractor will be subject to monetary limits in GS 143-299.2 as equivalent to the agency and must be filed in a court instead of the Industrial Commission. Requires the State to indemnify the independent contractor for any damages in excess of GS 143-299.2 for any damages incurred in an action alleging death or injury from an act or omission within the scope of the contractor’s performance of health care services. 

Requires a claim for indemnification, as well as any claim from a judgment against an independent contractor, to be filed with the Industrial Commission. 

Effective and applicable to claims arising from acts or omissions occurring on or after October 1, 2023. 

Enacts new subdivision (12) to GS 153A-301, as title indicates. Effective July 1, 2023. 

Identical to S 641, filed 4/5/23.

Contains whereas clauses. Amends GS Chapter 90 by adding new Article 1M, the Medical Ethics Defense Act. Defines the following terms: conscience, disclosure, discrimination, health care institution, health care payer, health care service, medical practitioner, participation in a health care service, and pay or payment.

Specifies that it is unlawful for any person to discriminate against any medical practitioner, health care institution, or health care payer that refuses to participate in or pay for a health care service on the basis of conscience under Article 1M. Protects these persons from civil, criminal, or administrative liability for exercising their right of conscience not to participate in or pay for a health care service. Protects the health care institution that employs, contracts, or grants admitting privileges to these persons from any civil, criminal, or administrative liability arising from these persons exercising their right of conscience not to participate in or pay for a health care service. 

Specifies that any medical practitioner, health care  institution, or health care payer that holds itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs has the right to make  employment, staffing, contracting, and admitting privilege decisions consistent with its religious belief. Specifies that a health care practitioner may not be scheduled for, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the health care practitioner affirmatively consents in writing prior to performing, facilitating, referring, or participating in the abortion. Contains rules governing the construction of Article 1M. Provides for a  civil remedy brought by any medical  practitioner, health care institution, or health care payer for any violation of any provision of Article 1M. Provides for treble damages, attorneys’ fees and costs, and injunctive relief. Bars a civil action from being brought against a person who declines to use or purchase health care services from a health care practitioner exercising the rights under Article 1M. Bars retaliation.

Contains severability clause.

Effective October 1, 2023.

Substantively identical to S 177, filed 2/28/23.

Creates a system for granting continuing professional licenses to teachers with at least three years of experience and out-of-state licenses in good standing from states with substantially similar licensure requirements through new subsection (e) in GS 115C-270.20. Repeals GS 115C-270.20(a)(4a)b (concerning limited licenses for out of state licensees) and GS 115C-270.25 (concerning out of state continuing professional teaching license applicants).