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

Makes organizational changes to the existing and proposed new elements of the definition of audit in GS 147-64.4. Adds a new requirement for audits to include at least one of the four described elements. Moves the provisions of subdivision d. into the body of subsection (2a), except no longer provides that an audit can include all elements or fewer. Regarding the new information systems element, adds that the audit must verify that information systems and applications are efficient State agency needs.

Regarding the proposed confidentiality provisions in GS 147-64.6(d)(2), specifies that work papers and supportive materials are not public record, regardless of whether they are maintained by the State Auditor's office in its audit files or retained by State Archives. 

Amends new GS 147-64.6E, pertaining to corrective action that may be taken by the State Auditor for any deficiency, to require the State Auditor to include recommendations to the State agency to correct each deficiency (was, deficiencies generally) if the State Auditor finds that the agency is deficient (was, not adhering) to the practices examined by GS 147-64.6(b). Makes technical changes.

Adds residential address to the defined terms applicable to Article 71, GS Chapter 58 (Bail Bondsmen and Runners), defining the term to mean the defendant's address of record or any other dwelling, home, building, or rental that the defendant may occupy as lodging. 

Amends GS 58-71-200 to specify that the requirement for the Administrative Office of the Courts (AOC) to provide licensed bondsmen and runners with access to search criminal records in AOC's real-time criminal and civil information systems includes access to AOC's Odyssey systems. Effective October 1, 2023. 

Amends GS 15A-534 establishing that a bail bond is only valid for up to three years in any case in which a pending forfeiture has not been issued. Adds a new requirement for the surety to notify the district attorney 30 days prior to the date the bond is set to expire in order to be relieved of the obligation. Adds to the circumstances which terminate the obligation of the obligor (1) the prosecutor entering a dismissal with leave pursuant to GS 15A-932(a1) or (2) the court granting a motion to set aside the bond forfeiture pursuant to GS 15A-544.5(b)(2) though (b)(7). Now refers to surrender of the defendant rather than the principal. Makes technical and clarifying changes.

Amends GS 15A-544.5 regarding setting aside a forfeiture, to establish that a surety is relieved of the bail bond obligation, and any other forfeitures for the bail bond are barred when the court enters an order setting aside a forfeiture. Adds that a court allowing the motion to set aside must base its decision upon one of the reasons set forth in subsection (b).

Effective October 1, 2023, and applies to bail bonds issued on or after that date. 

Adds four new rights to the Adult Care Home Residents’ Bill of Rights (GS 131D-21) and the Nursing Home Patients’ Bill of Rights (GS 131E-117) as follows:

To receive prompt and ongoing coordination between the resident's patient's attending physician and any specialist for the purpose of providing appropriate treatment to the resident/patient.

To have the facility provide family members who are legally authorized to receive information about the resident patient with a response to an information request by the family members within 72 hours after receiving the request.

To the extent allowed under applicable State and federal laws, to have the facility provide information to family members about the resident's/patient’s prognosis when the resident/patient is diagnosed with a late stage disease.

To receive immediate and adequate care when the resident/patient has an adverse reaction to a prescription drug used to treat a complex or rare disease, such as cancer, multiple sclerosis, or rheumatoid arthritis.

Effective October 1, 2023.  

Directs the Department of Transportation (Department) to install traffic control devices on selected priority interchange exits. Defines selected priority exits as interchange exits the Department determines as being linked with increased risk of wrong-way driving. Directs the Department to submit a report to the House of Representatives Appropriations Committee on Transportation, the Senate Appropriations Committee on the Department of Transportation, and the Fiscal Research Division on implementation status no later than April 15, 2024. Effective July 1, 2023.

Amends GS 86B-10 (civil penalties and disciplinary costs for proceedings before the NC Board of Barber and Electrolysis Examiners [Board]) to permit the Board to assess charging costs to an applicant or licensee who has been found to be in violation of GS Chapter 86B (currently, Board can assess charging costs to licensees against whom proceedings were brought).

Amends GS 20-141 to enact a new subsection establishing a minimum speed limit of 10 mph below the posted speed limit for all State roads, effective when appropriate signs are posted indicating such, excluding roads with a grade of more than 5%.

Amends GS 20-146 to prohibit vehicles with a gross vehicle weight rating of 26,001 pounds or more from operating in the left-most lane of a controlled-access highway with six or more lanes.

Effective December 1, 2023, and applies to offenses committed on or after that date. 

Amends GS 115C-270.20(a), adding new subdivision (7), creating rules for Montessori Licenses. Allows holder of a license to teach only in a school that uses Montessori instruction as its primary method. Sets criteria to obtain a license, requiring (a) valid credential from the American Montessori Society, the Association Montessori Internationale, or a program accredited by the Montessori Accreditation Council for Teaching Education and (b) bachelor's degree in any field, and (c) completion of exam requirements adopted by State Board.

Prohibits holder of a license from teaching in a public school that is not a Montessori school without another license issued by the State for public school teachers. Applies to applicants for Montessori licenses on or after the date act becomes law.

Authorizes the Department of Public Instruction to have full decision-making over curriculum in pre-kindergarten literacy programs. Includes studies related to dyslexia.

Amends GS 96-4(x), adding new subdivision (7c). Provides that nothing in GS 96-4(x) prevents the Division of Employment Security from sharing employment outcome data with the NC Community College System as long as allowed by federal law. 

Enacts GS 160D-912.1, prohibiting local governments from enacting or amending general ordinances to require an owner of a nonconforming sign, defined as an on-premises advertisement lawfully installed but that does not comply with current ordinances or regulations due to changed conditions, to bring the sign into compliance with current regulations without compensating the owner. Defines on-premises advertisement. Deems the local government to own the sign upon payment for the sign, and alternatively allows for the reimbursement of the difference of the fair market value of the nonconforming sign and the reasonable cost for the owner to bring the sign into compliance. Provides for the calculation of monetary compensation for a nonconforming sign without consideration of the effect of the ordinance or any diminution in value by the ordinance requiring removal. Establishes four exceptions to requiring a local government to compensate or reimburse an owner of a nonconforming sign, including (1) a voluntary agreement between the owner and the local government allowing for its removal after a set period of time and (2) when the nonconforming sign is a public nuisance or detrimental to public health or safety. Allows the local government to bring an action in superior court to determine monetary compensation to be paid in the event there is disagreement, with the court required to determine the factors set forth in its calculation. Specifies that these provisions do not affect a local government's power of eminent domain pursuant to GS Chapter 40A.

Directs the Joint Legislative Economic Development and Global Engagement Oversight Committee (Committee) to study the potential cost for and anticipated benefits from establishing a program to provide funding for microloans and business training by nonprofit economic development entities across the State for aspiring low-income entrepreneurs. Adds that the purpose of the program is to grant access to commercial credit markets and establish credit to facilitate traditional banking relationships. Lists five required components of the study, including determining the proper term, limits, and eligibility requirements for microloans, as well as other matters the Committee deems relevant. Directs the Committee to report to the 2024 NCGA Session. 

Appropriates $5 million in recurring funds from the General Fund to the Department of Public Instruction (DPI) to provide all students eligible for reduced-price lunch in a public school unit with lunch at no cost. Requires allocation to units based on the submission of a monthly reimbursement claim that states the number of reduced-price meals served. Authorizes the State Board of Education to allow funds appropriated to the State Aid for Public Schools to supplement funds appropriated in the act if found to be insufficient to implement the act. Directs DPI to include implementation costs in any request submitted to the NCGA for budget adjustments related to enrollment growth.

Enacts GS 115C-264.5 to prohibit schools from engaging in public identification or stigmatization of students who cannot pay for a meal or owe a meal debt in the operation of their nutrition programs, including requiring wristbands or hand stamps. Requires schools to direct that communications about meal debt be only sent to parent or guardian; allows sending a letter addressed to a parent or guardian home with a student.

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

Amends subsection (c) GS 18B-600 (Places eligible to hold alcoholic beverage elections) to permit a city to hold a malt beverage or unfortified wine election only if the county the city is located in already held an election and the result was against the sale of the alcoholic beverage in question. Previously, the law also required that the city (1) have a population of 500 or more, (2) operate an ABC store, or (3) have a population of more than 400 but less than 500 or more and previously had a population of 500 in the previous census. 

Repeals subsection (c1) in its entirety. Previously this subsection allowed certain city elections for malt beverage or unfortified wine if the city met all the criteria of (1) the county where more than 50% of the city’s area is located held an election and the result was against the sale of alcoholic beverage in question, (2) the city has a population of 200 or more, and (3) the county where more than 50% of the city’s area is located also contains three or more cities already allowing malt beverage or unfortified wine sales. 

 

Enacts new Article 26, Fair Access to Financial Services Act, to GS Chapter 53, providing as follows. Requires a financial institution operating in this state to make each financial product or service it offers available on proportionally equal terms to all persons engaged in a lawful activity. Prohibits denying a person engaged in a lawful activity a financial product or service based on a personal, ideological, moral, or political opinion. Requires a financial institution operating in this state to include a directive to comply with this GS Article in its written policies and procedures. Defines financial institution as: (1) a banking corporation, trust company, savings and loan association, credit union, or other person principally engaged in the business of lending money or receiving or soliciting money on deposit, not including entities chartered or supervised by a federal agency or agency of another state or (2) a payment processing platform or credit card company.

Allows the North Carolina Commissioner of Banks (Commissioner), after notice and opportunity for hearing, to revoke, suspend, or refuse to renew a financial institution's charter, license, or registration when there is a violation of this Article. 

Allows the Commissioner to examine a financial institution chartered or licensed by or registered with the Commissioner, with costs and expenses paid by the institution.  

Allows the Commissioner to receive complaints about a financial institution chartered or licensed by or registered with the Commissioner and allows examination of the institution upon receiving the complaint.  

Sets out provisions governing the confidentiality of information received by the Commissioner and for agreements for sharing that information.

Allows the Commissioner to adopt rules to enforce this Article. Allows a person aggrieved by any rule adopted or order issued by the Commissioner to appeal to the State Banking Commission for review upon providing a written notice of appeal within 20 days after the rule was adopted or order was issued. Sets out what must be included in the notice of appeal. Allows any party aggrieved by a decision of the State Banking Commission to petition for judicial review.

Allows the North Carolina Administrator of Credit Unions (Administrator) to, after notice and opportunity for hearing, revoke or suspend a credit union's certificate of approval for violations of this Article. Allows the Administrator to examine a credit union that is under the Administrator's supervision, with costs paid by the credit union. Allows the Administrator to receive a complaint from a person regarding a credit union under the Administrator's supervision and examine the credit union upon receiving the complaint. Allows the Administrator to adopt rules to enforce this Article.

Effective October 1, 2023.

Effective July 1, 2023, provides that beginning with the 2023-24 fiscal year, overrealized receipts available to the State Banking Commission each fiscal year are appropriated to be used by the Commission in an amount necessary to implement this act.

Enacts GS 53C-6-21, barring banks from refusing or from refusing to continue to provide financial services to, or terminating existing financial services with, or otherwise discriminating in providing financial services, solely based on a person's political affiliation or any value-based or impact-based criteria, including social credit scores or environmental, social, and governance credit factors. Permits offering investments, products, or services to potential customers or investors based on subjective standards when such standards are fully disclosed and explained prior to contracting and the bank obtains a signed attestation of the required disclosure and explanation. Specifies that the statute does not limit a bank's ability to discontinue or refuse business with a person when necessary for the safety of its employees. Allows for persons to bring a civil action against a violating bank, with violators subject to a $10,000 penalty and up to treble that amount for willful violations. 

Enacts GS 54-109.23, GS 54B-79, and GS 54C-181 to include credit unions, State associations, and State savings banks within the scope of new GS 53C-6-21.

Applies to acts or omissions occurring on or after the date the act becomes law. 

Includes whereas clauses.

Section One

Enacts Article 1M, Youth Health Protection Act, of GS Chapter 90. Makes it unlawful for any individual to engage in any of the following practices upon a minor, or cause them to be performed for the purpose of attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that is inconsistent with the minor's sex: (1) performing surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, or penectomy; (2) performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual's sex, including metoidioplasty, phalloplasty, and vaginoplasty; (3) performing a mastectomy; (4) prescribing, administering, or supplying gonadotropin releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone and follicle stimulating hormone secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to suppress or delay normal puberty; (5) prescribing, administering, or supplying testosterone, estrogen, or  progesterone to a minor in an amount greater than would normally be produced endogenously in a healthy individual of that individual's age and sex; (6) removing any otherwise healthy or nondiseased body part or tissue. Defines sex to mean the biological state of begin female or male, based on sex organs, chromosomes, and endogenous hormone profiles, without regard to an individual’s psychological, chosen, or subjective experience of gender. Defines minor to mean individuals younger than 18 years of age.

Makes it unlawful for any medical professional or mental health care professional, or counselor to knowingly engage in conduct that aids or abets any of the above described medical treatments described above to a minor. Specifies that the act may not be construed to impose liability on any speech protected by federal or State law.

Deems medical professionals, mental health care professionals, or counselors who engage in any of the specified unlawful practices to have engaged in unprofessional conduct and subject to licensure revocation for at least one year, or other appropriate discipline by the respective licensing board. Establishes a $1,000 civil penalty per occurrence, with remittance to the Civil and Penalty Forfeiture Fund. Excludes from the scope good-faith medical decisions of parents or guardians of a minor born with a medically verifiable genetic disorder of sexual development, and specifies such examples. Further excludes from the scope of the statute, the treatment of any infection, disease, or disorder that has been caused or  exacerbated by the performance of  one of the medical treatments described above, whether or not the procedures were performed in accordance with State or federal law. Also excludes any procedure undertaken because an individual suffers from a physical disorder, physical injury, or physical illness that is certified by a physician and  that would place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.

Makes it unlawful for a health care provider that receives State funds to furnish, provide, or perform any health care service that constitutes the performance of or preparation for gender transition procedure to a minor.

Bars State entities, local governments, and any organization with authority to license or discipline members of a profession from prohibiting, imposing any penalty, or taking any adverse action against any individual who gives or receives counsel, advice, guidance, or any other speech or communication, whether described as therapy or provided for a fee, consistent with conscience or religious belief.

Explicitly allows parents, guardians, or custodians to withhold consent for any treatment, activity, or mental health care services that are designed and intended to form their child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity, without government infringement. Prohibits government agents, and State or local employees, or any other governmental entity, other than law enforcement, from encouraging or coercing a minor to withhold information from the minor's parent, or withholding from a minor's parent information relevant to the physical or mental health of their child as specified. Provides that such conduct is grounds for employee discipline in addition to other remedies under the Article. Establishes a duty for a government agent with knowledge that a minor under its care or supervision has exhibited symptoms of gender dysphoria, gender nonconformity, or otherwise demonstrates a desire to be treated in a manner incongruent with the minor's sex to immediately notify each of the minor's parents, guardians, or custodians in writing, with descriptions of relevant circumstances.

Prohibits discrimination against persons providing or causing to be provided information or an act or omission regarding Article violations to his or her employer or specified public entities, testified or prepared to testify in a proceeding under the Article, or assisted or participated in a proceeding under the Article. Prohibits discrimination against persons who make disclosures under the Article believed to be a violation of law, rule, or regulation; any violation of any standard of care or other ethical guidelines for the provision of health care service; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

Establishes a civil action for compensatory or special damages, injunctive relief, or other legal remedies for any person for any violation of the Article against the clinic, health care system, medical professional, or other responsible person. Provides a two-year statute of limitations, except allows for minors injured by practices prohibited by the Article to bring an action during their minority through a parent, and bring an action in their own name upon reaching majority at any time from that date until 20 years from the date the minor attained the age of majority. Allows for the award of monetary damages, total costs of the action and reasonable attorneys' fees, and any other appropriate relief.

Preempts political subdivisions of the State from enacting, adopting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or similar measure that prohibits, restricts, limits, controls, or directs, or otherwise interferes with the professional conduct and judgement of a mental health care professional or counselor undertaken within the course of treatment and communication with clients, patients, other persons, or the public. Provides for enforcement by the Attorney General or a mental health care professional or counsel through an action for injunctive relief. Allows a mental health care professional to recover reasonable attorneys' fees and reasonable costs incurred in obtaining an injunction. Waives sovereign immunity to suit and immunity from liability under this statute.

Enacts GS 143C-6-5.6 to prohibit the use of State Funds for the performance of or in furtherance of gender transition procedures or to support the administration of any governmental health plan or government-offered insurance policy offering gender transition procedures.

Effective October 1, 2023.

Section Two

Enacts Article 3, Children’s Default to Safety Act, of GS Chapter 48A. Defines manufacturer as a person that is engaged in the business of manufacturing an electronic device and has an agent registered to conduct business in this State. Also defines activate, electronic device, internet, obscenity filter, smart phone, and tablet. Enacts GS 48A-22, requiring manufacturers to manufacture an electronic device (i.e., a tablet or smart phone) that, when activated in the State, automatically enables an obscenity filter that: (1) prevents the user from accessing or downloading material that is obscene to minors on mobile data networks, applications owned and controlled by the manufacturer, and wired or wireless internet networks; (2) notifies a user of the electronic device when the obscenity filter blocks the  device from downloading an application or accessing a website; (3) gives a user with a passcode the opportunity to unblock a filtered application or website; and (4) reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify, or uninstall the obscenity filter. Enacts GS 48A-23, which specifies that a manufacturer of an electronic device is liable if, on activation of an electronic device sold and activated in the State, the electronic device or manufacturer does the following: (1) the electronic device does not enable an obscenity filter that prevents the  display of obscene material to minors in such a way that minors will be to view the material, or the manufacturer knowingly or in reckless disregard provides the passcode to a minor to unblock the obscenity filter; or (2) the electronic device displays or disseminates obscene material to a minor, including any performance that is obscene to minors.

Sets forth rules of construction and good faith exception to liability. Specifies that a person who is not the minor’s parent or legal guardian may not provide a minor with the passcode to remove the obscenity filter. Provides for actual and liquified damages of $10,000 when actual damages are difficult to ascertain. Allows for class actions. Enacts GS 48A-25 (civil action for enforcement) which provides for civil penalties if a manufacturer is found to be in violation of Article 3, of $10,000 per violation plus costs and attorneys’ fees, in addition to any other applicable penalty under state law.  Specifies that a plaintiff must prove, and a court must find, by clear and convincing evidence, that a manufacturer manufactured a device on or after October 1, 2023, and that it was activated in violation of Article 3. Directs that the plaintiff must prove all other elements by a preponderance of the evidence. Sets forth factors the court must consider in imposing any civil penalty. Allows for actions under GS 48A-25 to be brought by the Attorney General. If an action under GS 48A-25 is filed by an individual in the public interest sets notice requirement to Attorney General that must be satisfied before filing suit. 

Enacts GS 48A-30 prohibiting public display or dissemination of obscene material to minors, as follows. Prohibits a person having custody, control, or supervision of any commercial establishment or newsstand from knowingly or purposefully doing any of the following: display obscene material to minors in certain ways, so that minors as part of the invited public will have to view the material; sell, furnish, present, distribute, or otherwise disseminate to a minor or allow a minor to view, with or without consideration, any obscene material; or present to a minor or participate in presenting to a minor, with or without consideration, any performance that is obscene to minors. Lists five defenses, including reasonable cause to believe the minor was 18 years of age, the person was acting as an employee of an educational institution or retail institution affiliated therewith or a library or a museum and serving the educational purposes of the institution/library/museum in line with policies disseminated by the institution/library/museum.  

Contains severability clause. 

Effective January 1, 2024, and applies to electronic devices manufactured in or outside this State or sold and activated in this State on or after that date.

Amends GS 90-21.82 (Informed consent to abortions) to require that a physician or qualified professional inform the woman at least 72 hours prior to the abortion regarding the possibility of reversing the effects of a chemical abortion if she changes her mind, and provide specific information to be given to the woman regarding reversing the chemical abortion. The information must be provided in English and in each language that is the primary language of at least 2% of the State’s population. 

Effective December 1, 2023. 

 

Amends GS 15A-1465 (pertaining to the Director and other staff of NC Innocence Inquiry Commission [Commission]) to delete provisions that allow the director to apply for and accept on behalf of the Commission other sources of funding than government grants. Makes conforming change to GS 15A-1466 (duties of Commission) and narrows the Commission’s duties to only conduct inquiries into claims of factual innocence where the convicted person is currently incarcerated solely for the crime for which factual innocence is claimed (currently, just must give priority to those claims).  Prohibits the Commission from considering a claim of factual innocence if a person is no longer incarcerated for the crime for which factual innocence is claim. 

Amends the Commission’s proceedings under GS 15A-1468 as follows. Extends the time a prehearing conference must be held to 90 days before any proceedings of the full Commission (was, 10) and to allow a prehearing conference at any time during the formal inquiry when the Commission has developed credible evidence to support a claim. Now requires the Commission to provide the District Attorney or designee with a complete copy of the investigation including any testimony or evidence that may be presented to the Commission (was, just opportunity to inspect evidence that had not been previously presented to any judicial officer or body or any other evidence the District Attorney/designee deemed relevant). Extends the time that the District Attorney is authorized to present a statement to the Commission from 72 hours to 10 days prior to any Commission proceeding.  Specifies that the Commission has an ongoing duty to provide any newly discovered evidence or testimony throughout the entire Commission proceeding and throughout any post-commission three-judge panel proceeding ordered pursuant to GS 15A-1469. Specifies that evidence or testimony not provided is not admissible at the hearing, absent good cause shown as determined by the Commission Chair.  Extends the time that the Director has to notify the victim from at least 30 days from before a proceeding of the full Commission to 90 days.  Expands the individuals to whom evidence favorable to the convicted person must be disclosed to include the District Attorney of the of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based, or the District Attorney's designee.

Amends GS 15A-1469 (postcommission three-judge panel) to delete authorization to Chair of Commission to request the Attorney General to appoint a special prosecutor if the Commission concludes there is credible evidence of prosecutorial misconduct in the case. Now triggering event is if Commission concludes there is credible evidence of prosecutorial misconduct by the current District Attorney of the district where the claimant was convicted of the felony upon which the claim of innocence is based, and the Chair of Commission must make the request to appoint a special prosecutor to the Administrative Office of the Courts. Removes the limitation that the special prosecutor cannot be a prosecuting attorney in the district where the convicted person was tried.  Requires the three-judge panel to conduct an evidentiary hearing in line with the NC rules of evidence (was, just evidentiary hearing). Specifies that at least ten days prior to the evidentiary hearing, the district attorney, defense counsel, and the Commission must provide to the other parties any evidence or testimony each intends to introduce at the evidentiary hearing. Specifies that any evidence or testimony not timely provided to the other parties is not admissible at the hearing, absent good cause shown as determined  by the three-judge panel. Makes conforming changes.

Applies to proceedings held on or after the act becomes law.

Creates new GS 115C-366.5 (Open enrollment), which outlines a procedure for a parent or guardian of a student to request that the student be enrolled in a different local school than the one the student would be assigned to based on domicile under GS 115C-366. Requires each local board of education to adopt an open enrollment plan and outlines required provisions. Allows a student that is enrolled in a school under the process created by the section to remain enrolled without reapplying in subsequent years. 

Requires local school administrative units to determine and publish on their websites their capacity to enroll students at each grade level under this section, and requires a wait list if no capacity is available. Clarifies that the new section does not require a local board of education to establish or offer any particular program at a school if it is not currently offered, or alter or waive any established eligibility criteria for participation at particular schools. 

Establishes a procedure where a local school administrative unit may deny enrollment for a student under the section, and outlines acceptable reasons for denial. Also provides the denied student with an appeal process. Requires the State Board of Education to adopt rules establishing the appeals process for a denied student. 

Effective when the act becomes law and applies beginning with the registration period for the 2024-25 school year. 

Enacts new Article 11, Rights of the Haw River Ecosystem Act, to GS Chapter 77 to recognize and protect the rights of the Haw River ecosystem and the right of the people of North Carolina to a healthy, thriving Haw River ecosystem. Defines Haw River ecosystem to include both its mainstem and tributaries, and all species and ecosystems found in those areas or dependent on species and ecosystems found in the watershed. Defines natural resource management agencies (the Department of Natural and Cultural Resources, the Department of Environmental Quality, and the Wildlife Resources Commission).

Enacts GS 77-148, specifying six non-exclusive rights of the Haw River ecosystem, including the right to full restoration, recovery, and preservation. Specifies that the rights of the Haw River ecosystem should not be interpreted to confer liabilities, duties, obligations, or responsibilities on the Haw River ecosystem except as expressly set forth in the Article. Recognizes the right of the people of the State to a healthy, flourishing Haw River ecosystem. Clarifies that the Article does not abrogate the collective or individual rights of indigenous people in the State, including members of tribes and bands identified in GS Chapter 71A. Enacts GS 77-151 directing the natural resource management agencies to take certain actions in implementing the act, including a baseline environmental assessment of the Haw River ecosystem in 2024 and full restoration of all areas of the Haw River ecosystem by June 30, 2028. Provides for civil enforcement of the act by the Attorney General, an action brought in the name of the Haw River Ecosystem by any citizen of the State. Sets forth rules for intervention and burdens of proof. Provides for civil penalties of up to $10,000 for a single occurrence, or up to $500 per day of a continuing occurrence, with each day constituting a separate offense, with triple damages for willful violations.  Provides for strict liability for certain business entities and waives sovereign immunity. 

Contains severability clause. 

Creates new GS 143B-279.18 (Consideration of cumulative impacts required for permitting of facilities proposed to be located in burdened communities), which prohibits the Department of Environmental Quality (DEQ) and the Environmental Management Commission (EMC) from issuing a permit for a new or expanded facility in a burdened community (a census tract that is ranked in the bottom 33% of the census tracts in the State for median annual household income) unless the requirements of the new statute are met. Requires an applicant for a permit in a burdened community to (1) prepare a report assessing the impact of the new facility or expanded facility on the community, (2) send the report to DEQ, the board of the local government, and the designated representative for the community at least 30 days before the public hearing, and (3) organize a public hearing at a location convenient to the burdened community and provide public notice as specified in the statute. Requires DEQ or EMC, as applicable, to wait 60 days after the public hearing before issuing a permit, and permits DEQ or EMC to deny the permit if it would constitute an unreasonable risk to the health of the residents or the environment of the burdened community. Requires DEQ or EMC to consider community support or lack thereof when deciding to approve the permit. Allows an applicant for multiple permits to comply with the statute one time, unless DEQ or EMC determines in its discretion that more than one public hearing is necessary due to the nature of the facility or expansion of existing facilities. Provides definitions applicable to the section. Effective and applicable to applications for permits submitted on or after January 1, 2024.

Requires DEQ to adopt rules implementing the new GS 143B-279.18 within 180 days of the effective date of the act, and to identify each burdened community in the State. Requires each unit of local government within a burdened community to identify a representative within 60 days after being identified by DEQ. 

Amends GS 62-110.1 to add new subsection (d1), requiring the North Carolina Utilities Commission to coordinate with DEQ to consider the impact on any burdened community when acting on a certificate application for a facility generating over 10 megawatts of electricity, or the expansion of a facility that size. Permits the Utilities Commission to deny the certificate if the cumulative impacts constitute an unreasonable risk to the health of the residents or the environment of the burdened community. Provides definitions applicable to the subsection. Effective and applicable to application certificates submitted on or after January 1, 2024. 

Creates new GS 115C-364.1 (Admission for part-time students), allowing students that attend non-public schools to enroll part time in local public schools and charter schools, as long as the student is eligible for admission to the public schools under the applicable requirements. Establishes a system where the State Board of Education must allocate to the local school administrative unit or charter school an appropriate amount depending on the instructional time the part-time student is enrolled. 

Amends GS 115C-47 to create new subdivision (68), requiring local boards of education to develop policies for students from non-public schools that enroll part time under the boards’ jurisdiction. Requires the policy to be posted to the website of each board. 

Amends GS 115C-218.45 to create new subsection (a1), allowing a student that attends non-public school to enroll in a charter school part-time in accordance with the new GS 115C-364.1. Requires each charter school to make information about part-time enrollment available on its website. Excludes part-time students from counting towards enrollment growth of the charter school under GS 115C-218.7. 

Appropriates $500,000 to the Department of Public Instruction from the General Fund for 2023-24 to be allocated to local school administrative units and charter schools to cover the administrative costs of implementing the act. 

Appropriates $270,000 in recurring funds to the Department of Public Instruction from the General Fund for 2024-25 to be allocated to local administrative units and charter schools to fund part-time students. 

Effective July 1, 2023, and applicable to requests for part-time enrollment for the 2024-25 school year. 

Enacts new Article 7 in GS Chapter 15A, Body-Worn Cameras and Dashboard Cameras, to provide the following.

New GS 15A-202 requires a law enforcement officer to wear and activate a body-worn camera during any recordable interaction. Defines law enforcement officer as any employee of a law enforcement agency who (1) is actively serving in a position with primary duties and responsibilities for the prevention and detection of crime or the general enforcement of the criminal laws of the State, (2) possesses the power of arrest by virtue of an oath administered under the authority of the State, and (3) is primarily assigned to patrol duties. Adds that for purposes of Article 7, the term also includes on‑duty State correctional officers. Defines body-worn camera as an operational video camera provided by a law enforcement agency and affixed to a law enforcement officer's uniform and positioned in a way that allows the video camera to capture interactions the law enforcement officer has with the public. Requires the video camera to include a microphone or other mechanism for allowing audio capture. Provides the term does not include cameras privately owned and provided by a law enforcement officer. Defines recordable interaction as an interaction between a law enforcement officer, in his or her official capacity, and a member or members of the public, including an inmate or inmates of a State correctional facility. Provides the term includes traffic stops, arrests, searches, and interrogations not covered under GS 15A‑211, interviews with victims and witnesses, and pursuits.

Requires a law enforcement officer to inform the person or people the law enforcement officer is interacting with that the interaction is being recorded, except when doing so would be unsafe, impractical, or impossible. Prohibits a law enforcement officer from deactivating a body-worn camera until (1) the conclusion of the recordable interaction; (2) the law enforcement officer has left the scene; (3) a supervisor, while being recorded, authorizes the law enforcement officer to deactivate the body‑worn camera; or (4) an exception listed in subsection (b) authorizes deactivation. Requires the law enforcement officer to announce that he or she is deactivating the body-worn camera and the reasons for deactivating prior to deactivating. Directs the law enforcement officer to note in any incident report prepared after a recordable interaction that a recording was made.

Subsection (b) details six situations or places in which a law enforcement officer is not required to activate a body-worn camera: (1) interactions with confidential informants and undercover officers; (2) during routine, non‑law enforcement related activities, including when a law enforcement officer is engaged in a personal conversation, when a law enforcement officer is using a restroom or bathroom, or when a law enforcement officer is dressing or undressing in a locker room or dressing room; (3) when a law enforcement officer is providing training or making a presentation to the public; (4) when entering a private residence under nonexigent circumstances, unless written or on‑camera consent is given by the owner or the occupier of the residence; (5) when a law enforcement officer is conducting a strip search, unless written or on‑camera consent is given by the person being strip searched; and (6) interactions with a victim or witness, unless written or on‑camera consent is given by the victim or witness.

Subsection (c) requires a law enforcement officer to read, agree to, and sign a written waiver that consists of consent by the officer to be recorded by a body-worn camera and an acknowledgment of the requirements of this statute, and the related policies established under subsection (i) of the statute by the law enforcement agency employing the officer.

Subsection (d) permits a recording captured by a body-worn camera pursuant to the statute to be used as evidence in any relevant administrative, civil, or criminal proceeding, if the recording is otherwise admissible in the proceeding.

Subsection (e) provides for access to recording in accordance with GS 132-1.4A, as amended.

Subsection (f) requires a law enforcement agency to retain an original, unredacted recording captured by a body-worn camera for the later of (1) 60 days from the date of the recording; (2) the period specified by court order; or (3) 10 days from the date an administrative, civil, or criminal proceeding in which the records were used as evidence concludes.

Subsection (g) allows noncompliance with the provisions of the statute to be admissible as evidence to support claims made by a defendant in a criminal action or a party opposing the law enforcement officer or law enforcement agency in a civil action.

Subsection (h) requires a law enforcement agency to provide training to officers on how to operate a body-worn camera prior to the officer wearing and activating a body-worn camera.

Subsection (i) directs the Department of Justice to develop a model policy or policies for law enforcement agencies to use in implementing the statute. Requires the policy to include disciplinary action for failing to activate a body-worn camera as required in subsection (a), up to and including dismissal from employment. Permits the policy to include standards more stringent than those required under this statute.

Enacts GS 15A-203, Use of dashboard cameras in law enforcement vehicles, requiring a law enforcement officer to activate the dashboard camera, if the law enforcement vehicle is equipped, when engaging in a traffic stop, vehicle pursuit, vehicle search, or other interaction with the public that is within the range of the camera. Defines dashboard camera as a device or system installed or used in a law enforcement vehicle that electronically records images depicting activities that take place during a traffic stop, vehicle pursuit, vehicle search, and other interaction with the public that is within the range of the camera. Provides the term does not include body‑worn cameras.

Requires a law enforcement officer to inform the person or people the law enforcement officer is interacting with that the interaction is being recorded, except when doing so would be unsafe, impractical, or impossible. Prohibits the officer from deactivating a dashboard camera until (1) the conclusion of the traffic stop, vehicle pursuit, vehicle search, or other interaction with the public; (2) the law enforcement officer has left the scene; (3) a supervisor, while being recorded, authorizes the law enforcement officer to deactivate the dashboard camera; or (4) an exception listed in subsection (b) authorizes deactivation. Requires the law enforcement officer to announce that he or she is deactivating the dashboard camera and the reasons for deactivating prior to deactivating. Directs the law enforcement officer to note in any incident report prepared after an interaction with the public that a recording was made using a dashboard camera.

Subsection (b) establishes that a law enforcement officer is not required to activate a dashboard camera in any of the places or situations listed in GS 15A-202, enacted above, to the extent that they are applicable.

Subsection (c) establishes that the requirements of GS 15A-202(c) through GS 15A-202(h) apply to the use of dashboard cameras under this statute.

Subsection (d) clarifies that the statute does not require the installation of a dashboard camera in a law enforcement vehicle.

Effective January 1, 2025.

Amends GS 132-1.4A (disclosure of law enforcement agency recordings) as follows. Amends provisions pertaining to court order regarding disclosure of a law enforcement record, specifies that if the person requesting disclosure of the recording is an immediate family member of a person whose death or serious bodily injury is depicted in the recording, a licensed attorney of an immediate family member of a person whose death or serious bodily injury is depicted in the recording, or a licensed attorney of a person whose serious bodily injury is depicted in the recording, the court must order the disclosure of the recording to that person. Enacts new subsection GS 132-1.4A(g1) allowing for local review and release of a law enforcement recording after 30 days upon a public and lawful vote as follows: (1) by a city or town council if the custodial law enforcement agency is a municipal police department under its authority; (2) by a county board of commissioners if the custodial law enforcement agency is a sheriff’s office or other law enforcement agency in the county not under the authority of another local government unit. Exempts recordings from the State Highway Patrol or State Bureau of Investigation. Provides for in-camera review and for factors the local government may consider. Clarifies that the availability of release under new GS 132-1.4(g1) does not abate or impact other manners of disclosure authorized by GS 132-1.4. Makes conforming change to account for new GS 132-1.4(g1). Effective December 1, 2023, and applies to recordings made on or after that date.

Appropriates $5 million from the General Fund to the Governor's Crime Commission (GCC) within the Department of Public Safety in nonrecurring funds for the 2023-2024 fiscal year and $5 million in nonrecurring funds for the 2024-2025 fiscal year to provide grants to law enforcement agencies for the purposes of purchasing and maintaining body-worn cameras. Specifies that a grant provided under the act will be matched on the basis of $1 in grant funds for every $5 in nongrant funds. Specifies that matching funds do not include other State funds. Specifies that the GCC cannot provide a grant until the grantee provides evidence of sufficient matching nongrant funds. Sets a maximum of $100,000 for a grant award. Requires the GCC to develop guidelines and procedures for the administration and distribution of grants under the act. Effective July 1, 2023.

Makes conforming changes to GS 15A-220, GS 114-64, GS 143-318.11, GS 153A-436.1 and GS 160A-490.1 to account for new Article 7.  Effective January 1, 2025.

Amends GS 50B-3.1, concerning the surrender of firearms upon issuance of an emergency or ex parte domestic violence protective order, by amending the conditions under which any surrendered weapons may be retrieved by the defendant, as follows. Currently weapons may be retrieved if the court does not enter a protective order when the ex parte or emergency order expires; instead, allows surrendered weapons and related items to be retrieved by any of the following methods: (1) upon court order after a finding that insufficient evidence exists to issue a permanent domestic violence protective order following a hearing in which both parties are present or in which the plaintiff fails to appear; (2) upon court order after the issuance of a permanent domestic violence  protective order in which the court removes any requirement that the defendant surrender weapons and other related items to the sheriff, or upon the court's modification of a permanent domestic violence protective order that removes any requirement that the defendant surrender weapons and other related items to the sheriff; (3) upon court order following a hearing held on a motion for return; or (4) upon the determination of the sheriff that at least 30 days have passed following the expiration of the domestic violence protective order requiring the surrender of the weapons and other related items. Amends the process for the disposal of surrendered firearms to also trigger the process for the court to order the disposition of the firearms, ammunition, or permits, when the defendant or third-party owner does not retrieve those items within 60 days of the entry of the order granting the return of the items. Requires the proceeds from any sale of those firearms, ammunition, or permits, to be provided to the sheriff's office (was, the defendant if requested and ordered by the court) for any remaining storage fees, with remaining proceeds to be used for the sheriff's office's general use. Provides that if the court receives an application from the sheriff when the items have not been retrieved within 60 days of an order granting their return, then the judge may order any disposition of those items allowed by GS Chapter 50B, but does not allow ordering the sheriff to retain custody of the items solely for the purpose of retrieval by the defendant or third-party owner.

Makes the act effective when it becomes law and applicable (1) to firearms, ammunition, and permits surrendered on or after that date and (2) beginning 60 days after this act becomes law, to firearms, ammunition, and permits surrendered before the date this act becomes law.

Enacts new GS 143-166.4, providing as follows. Allows a sworn law enforcement officer employed by a State department, agency, or institution to elect to receive, beginning in the month in which the officer retires, either the special separation allowance under existing GS 143-166.41, or an annual separation allowance equal to 0.85% of the annual equivalent of the base rate of compensation at 30 years of creditable service. Also allows a sworn law enforcement officer employed by a local government employer to elect to receive, beginning in the month in which the officer retires, either the special separation allowance under existing GS 143-166.42, or an annual separation allowance equal to 0.85% of the annual equivalent of the base rate of compensation most recently applicable to the officer for each year of creditable service. To qualify, requires the officers to have completed: (1) at least 30 but no more than 35 years of creditable service; (2) at least five years of continuous service (as defined) as a law enforcement officer immediately preceding a service retirement. Sets out conditions under which the payments will cease. Provides for conditions under which reemployment by a local government employer will not stop these payments. Requires the governing body of each local employer to determine eligibility of employees for these benefits and requires payments to be made from available funds. Effective July 1, 2023.

Effective December 1, 2023, amends GS 20-24.1(f) which applies to individuals who have had driving licenses revoked for failure to pay fines. Allows extension or renewal of a limited driving privilege for up to one year at a time if the court finds the individual is making reasonable progress toward repayment of fines, penalties, or court costs that resulted in the revocation. Directs that court orders include written findings in support of an extension or renewal of a limited driving privilege. 

Appropriates $250,000 in recurring funds for 2023-24 from the General Fund the Department of Public Safety to be provided as a grant to the City of Wilmington to be used as title indicates. Effective July 1, 2023.

Appropriates $3 million for 2023-24 from the General Fund to the Department of Public Safety to be allocated as a grant to the Fayetteville Police Department to upgrade and expand its training facilities. Appropriates $1 million for 2023-24 from the General Fund to the Department of Public Safety to be allocated as a grant to the Fayetteville Police Department to create and operate a public safety and mental health co-responder unit pilot program. Specifies that the funds do not revert until June 30, 2025.

Requires the Fayetteville Police Department to make an interim report by April 1, 2024, and a final report by April 1, 2025, to the specified NCGA committee on the use of funds appropriated in this act and on the progress of both the upgrade and expansion of its training facilities and the creation and operation of the pilot program.

Effective July 1, 2023.