AN ACT TO ALLOW AMERICAN INDIAN STUDENTS TO WEAR CULTURAL OBJECTS AT PUBLIC SCHOOL GRADUATION CEREMONIES. SL 2023-43. Enacted June 14, 2023. Effective June 14, 2023.

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

Section 12.

Inserts new Section 12, amending NC Rule of Civil Procedure 5 (GS 1A-1), pertaining to service and filing of pleadings and other papers, as follows. With respect to any document filed by the court that is required to be served, permits service by the court to be made by a notice that identifies the document filed and directs the recipient to an internet location where the document is available to the recipient. Amends provisions pertaining to service through the court’s electronic filing or case management system to provide that service is only made on party (not an attorney) using these system(s) if it is made to an email address on record with the court in the case if the party has consented to receive service electronically through these systems and the consent has been filed with the court by any party. Now specifies that service is made on an attorney using these systems if service is made through these systems to an email address on record with the court. Specifies that service through these systems must be sent by 5:00 pm EST on a regular business day, and if sent after that time, it will be deemed to have been sent the next business day. Specifies that if service is not available electronically that the serving party may effect service on a party’s attorney of record by mailing a copy to the attorney’s mailing address of record with the court (currently, just need to mail it to attorney’s office). Clarifies that for items filed through the court’s electronic filing system, the automated certificate of service must be generated by the system and filed in the case to satisfy rule’s certificate of service requirements (currently, just requires automatic generated certificate of service to comply with rule). Makes conforming changes to account for case management systems and changes to rule pertaining to electronic service upon a party.

Enacts new GS 84-39 (member’s address of record with the court) requiring each member of the State Bar to provide a provide a mailing address, phone number, and email address to the secretary-treasurer of the State Bar to be that member's contact information of record with the court. Specifies that contact information provided by the member will be used for service of pleadings and other papers under NC Rule of Civil Procedure 5 unless the member provides different contact information to the secretary-treasurer of the State Bar. Amends GS 84-4.1 (limited practice by out-of-state attorneys) to make out-of-state attorneys subject to filing the same contact information.

Effective August 1, 2023.

Section 13.

Inserts new Section 13, amending GS 122C-261 (affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary for involuntary commitment) as follows. Changes the scope of GS 122C-261(d) from applying to applying to all commitment examiner affiants to commitment examiner affiants filing a petition and affidavit for an involuntary commitment in a county that has not implemented an electronic filing system approved by the Director of the Administrative Office of the Courts. Now requires when a physician or eligible psychologist affiant at a 24-hour treatment facility for involuntary commitment of clients recommends inpatient commitment, that the clerk or magistrate, if finding probable cause to believe the respondent meets criteria for inpatient commitment, to issue a commitment order by facsimile or electronic transmission to the physician or psychologist (currently, magistrate “may” issue orders using facsimile or electronic means).

Specifies that if the affiant is a commitment examiner filing a petition and affidavit for an involuntary commitment in a county that has implemented an electronic filing system approved by the Director of the Administrative Office of the Courts, requires the commitment examiner or their designee to file the affidavit and petition, as well as any other supporting documentation required by law, through the electronic filing system, in addition to other requirement listed in GS 122C-261(d). Specifies that the original custody order is not required to be mailed to the clerk or magistrate. Further specifies that in such counties, commitment examiners must also file any subsequent documentation and notifications prescribed by statute to the clerk of superior court through the electronic filing system.

Amends GS 122C-262(c) (special emergency procedure for individuals needing immediate hospitalization), GS 122-266(c) (outpatient commitment second examination and treatment pending hearing), and GS 122C-283(e) (first examination by commitment officer for substance abuse) to specify that the statutory documents (e.g.,  under GS 122C-262 certificates of immediate hospitalization completed by commitment examiners under the statute; finding of a physician under GS 122-266; and findings of physician or eligible psychologist and commitment examiner under GS 122C-283) can be sent to the clerk through an electronic filing system, if the county has implemented e-filing or by the most reliable and expeditious means otherwise available (currently, no mention of e-filing and just must send by most reliable and expeditious means).  Makes clarifying change to GS 122C-283(c). 

Effective April 1, 2024.

Section 14.

Inserts new Section 14, amending expunction eligibility under GS 15A-145.5 (expunction of certain misdemeanors and felonies) as follows. Removes felony offenses under GS 14-54 breaking or entering any building with intent to commit a felony or larceny as offenses exempt from the meaning of “nonviolent misdemeanor” or “nonviolent felony” under the expunction statute.

Amends the time periods for expunctions of up to three nonviolent felony convictions as follows. Enacts new subsubsubsection GS 15A-145.5(c)(2)(a1) that allows a person convicted of one nonviolent felony under GS 14-54(a) to file petition for expunction 15 years after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later. Makes conforming change to GS 15A-145.5(c)(2)(a) to reflect new (a1). Amends GS 15A-145.5(c1) to remove references to specific waiting period years in the affidavit statement of good moral character. Expands the scope of what the court must find in order to grant a petition for expunction of one or more nonviolent misdemeanors or one to three nonviolent felonies to include findings that (1) in addition to having no outstanding warrants or pending criminal cases, the petitioner is not under indictment, and no finding of probable cause exists against the petitioner for a felony, in any federal court or state court in the United States and (2) the petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Removes references to specific waiting period times in finding related to other felony or misdemeanor convictions required to grant petition for expunction and in finding related to completing the waiting period itself.

Effective December 1, 2023, and applies to petitions filed on or after that date.

Makes organizational changes to account for newly added sections. Makes conforming changes to act’s long and short titles.  

Senate committee substitute to the 3rd edition makes the following change. Amends new GS 93A-85.4 (classifying violations of new Article 7, Prohibition of Unfair Real Estate Service Agreements, as deceptive trade practices) to authorize any party aggrieved by the a violation of Article 7 (instead of any persons whose real property is encumbered by an unfair real estate service agreement) to bring a cause of action against the service provider and provides they are entitled to relief under GS Chapter 75 (Monopolies, Trusts and Consumer Protection).

Senate committee substitute to the 2nd edition makes the following changes.  Expands the required content that must be included in the guidance for threat assessment teams under new GS 115C-105.65 (threat assessment teams) to also require that the guidance contain a provision directing referral to the appropriate law enforcement agency if the individual is not a student. Requires the following to be included in the public school unit's policies pertaining to assessment and intervention by assessment teams: (1) any scale or classification  that will be used to indicate various levels of threats and the standard response to each level of threat and (2) differentiation between assessment and intervention at the elementary, middle, and high school level, as appropriate. Requires the public school unit to also consult with any threat assessment team in the unit in developing the policy, in addition to Center for Safer Schools (Center) guidance. Requires that a copy of the policy be sent to the Center. No longer requires that the threat assessment team be multidisciplinary.

Makes clarifying, conforming, and organizational changes.

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

Amends GS 130A-343 by removing the prohibition on the Commission including more restrictive conditions and limitations in the approval of a wastewater system as Accepted that are not included in the approval of the wastewater system as Innovative or otherwise approved by law.

Adds the following content.

Amends GS 87-97 by removing the provisions under which a building inspector may request from the local health department the opportunity to inspect the activities authorized by a private drinking water well permit that has been issued. Also adds that the permit is deemed to also include authorization for installation of both water pipes and electrical wiring in a single ditch by a person certified as a well contractor when running electrical wires from the well pump to a pressure sensing device other than a pressure switch. Adds the requirement that the ditch be covered by a person certified as a well contractor upon the completion of the allowed activities.

Changes the effective date of fees assessed pursuant to GS 130A-336.1(n), as amended by Section 3 of this act, and fees assessed pursuant to GS 130A-336.2(n), as amended by Section 32 of this act, to September 1, 2023.

Adds the following, effective May 1, 2024.

Replaces the education and practice qualifications required for registration as an environmental health specialist under GS 90A-53 to now require satisfying any of the following: (1) graduation with a bachelor's degree or a postgraduate degree from a program accredited by the National Health Science and Protection Accreditation Council (EHAC); (2) graduation with a bachelor's degree or a postgraduate degree in public health and has at least one year of experience in the field of environmental health practice; or (3) graduation with a bachelor's degree or postgraduate degree, has earned a minimum of 30 semester hours or 45 quarter hours in physical, biological, natural, life, or health sciences and has at least one year of experiences in the field of environmental health practice; or (4) worked at least five years as a registered environmental health associate. Makes technical changes.

Enacts GS 90A-53.1, establishing requirements for registration as an environmental health associate, with certification issuable by the Board of Environmental Health Specialist Examiners. Registration requirements include application and payment of $100 fee, meeting and complying with applicable ethics standards, and meeting at least one of the education qualifications described: either (1) graduating with an associate, bachelor's, or postgraduate degree from a program accredited by EHAC and completed general and specialized instruction and training in environmental health approved by the Department of Health and Human Services (DHHS) or (2) graduating with an associate, bachelor's, or postgraduate degree and earned a minimum of 15 semester hours in physical, biological, natural, life, or health sciences and satisfactorily completed general and specialized instruction and training in environmental health approved by DHHS. Adds environmental health associate and registered environmental health associate to the defined terms in GS 90A-51 and makes technical changes.

Amends GS 90A-52 to allow a person with a temporary certification of registration to practice as an environmental health specialist intern for two (was, three) years. Also authorizes a registered environmental health associate, working under the responsible charge of a registered environmental health specialist, to perform any of eight specified duties relating to permitting and inspections, pursuant to rules adopted by the Commission for Public Health, including permitting and inspections for private water wells, inspections of Category I food establishments, temporary food establishments, and limited food service establishments, and inspections of residential care facilities.

Effective when the act becomes law, directs the Board of Environmental Health Specialist Examiners to amend its rules consistent with the act's provisions. 

Amends the act’s long title.

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

Section 1.

Deletes amendment to GS 55A-12-02(g) (pertaining to corporate sale of assets other than in regular course of activities) that would have exempted sales to charitable and religious organizations from the notice provisions of the law.

Section 2.

Extends the date from January 1, 2027, to January 1, 2028, until which the Secretary of State is authorized to waive the reinstatement fee for a corporation seeking reinstatement following administrative dissolution for delinquent filing.