Bill Summary for H 237 (2023-2024)

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Summary date: 

Jun 6 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 237 (Public) Filed Wednesday, March 1, 2023
AN ACT TO MODIFY THE PHYSICAL HEALTH AND SAFETY OF OTHERS EXEMPTION TO CERTAIN LAWS PROHIBITING WEARING MASKS; TO ENHANCE PUNISHMENT IF THE DEFENDANT WAS WEARING A MASK OR OTHER CLOTHING OR DEVICE TO CONCEAL OR ATTEMPT TO CONCEAL THE DEFENDANT'S IDENTITY; TO PROHIBIT GUBERNATORIAL EXECUTIVE ORDERS, SECRETARIAL DECLARATIONS, MUNICIPAL OR LOCAL GOVERNMENT PROHIBITIONS AND RESTRICTIONS, OR OTHER RULES OR REGULATIONS BY A POLITICAL SUBDIVISION OF THIS STATE FROM IMPOSING ADDITIONAL LIMITATIONS ON RELIGIOUS INSTITUTIONS THAT ARE NOT APPLICABLE TO BUSINESSES, NONPROFIT ORGANIZATIONS, OR OTHER PRIVATE ENTITIES AFFECTED BY THE SAME OR SIMILAR EMERGENCY; TO INCREASE THE PENALTY FOR IMPEDING A ROAD DURING A DEMONSTRATION OR OBSTRUCTING AN EMERGENCY VEHICLE FROM ACCESSING A ROAD AT ANY TIME; TO CREATE CIVIL LIABILITY FOR A DEMONSTRATION ORGANIZER OF A DEMONSTRATION THAT OBSTRUCTS AN EMERGENCY VEHICLE; AND TO AMEND CAMPAIGN FINANCE LAWS REGARDING FEDERAL POLITICAL COMMITTEES AND POLITICAL ORGANIZATIONS.
Intro. by Torbett, Greene, Faircloth, Carson Smith.

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Bill summary

Conference report makes the following changes to the 4th edition.

Amends GS 14-12.11 to now exempt from the prohibitions on wearing of masks in public places including public ways, public property, the house of another person, while demonstrating, and or while placing an exhibit to intimidate another or prevent another from taking legal action, any person wearing a medical or surgical grade mask for the purpose of preventing the spread of contagious disease (under current law, an exemption is granted to a person wearing a mask for the purpose of ensuring the physical health or safety of the wearer or others; the previous edition removed this exemption). Also requires that a person wearing a mask under this exemption (1) remove the mask upon request by a law enforcement officer or (2) temporarily remove the mask upon request by the owner or occupant of public or private property where the wearer is present in order to identify the wearer (under current law, a person wearing a mask under the exemption for ensuring physical health or safety had to remove their mask when requested by a law enforcement office during a traffic stop or when the law enforcement officer had reasonable suspicions or probable cause during a criminal investigation).

Specifies that the changes to GS 14-12.11 are not to be interpreted to limit, replace, or conflict with available protections or remedies under the Americans with Disabilities Act or any other applicable federal or State laws.

Adds the following content. Amends the definition of political committee as it applies to Article 22A, Regulating Contributions and Expenditures in Political Campaigns, of GS Chapter 163, by excluding from the term a federal political committee that is registered with and reports to the Federal Election Commission or other federal political organization that files Internal Revenue Service Forms 8871 and 8872. Makes technical changes.

Amends GS 163-278.7A as follow. Removes the four conditions (including State Board of Elections (State Board) registration and reporting requirements) that were to be met before a federal political committee, as defined by the Federal Election Campaign Act and its regulations, could make contributions to a North Carolina candidate or political committee registered with the State Board or a county board of elections, and instead allows a federal political committee organized under the Federal Election Campaign Act and its regulations to make contributions to a North Carolina candidate or political committee in accordance with the limit of $6,400. Prohibits a federal political committee or other political organization from contributing to North Carolina candidates or political committees if it accepts contributions from sources that are prohibited from contributing under GS 163-278.19 (concerning prohibitions on corporations, business entities, labor unions, professional associations and insurance companies), but allows such a committee or organization that also accepts and maintains in segregated accounts contributions from sources that are not prohibited by GS 163-278.19 to contribute to any national, State, district, or county executive committee of any political party or affiliated party committee exclusively from those segregated accounts containing funds from sources not prohibited by GS 163-278.19. Requires a federal political committee or other political organization that makes a contribution to: (1) comply with applicable reporting, operating, contribution, and other requirements and limits of federal law; (2) file with the State Board, within 10 calendar days of making a permitted contribution, a copy of its then-effective Statement of Organization filed with the Federal Election Commission or Internal Revenue Service Form 8871, as applicable, unless previously filed; (3) for any federal filing period during which it makes a permitted contribution, submit to the State Board a copy of its regularly required report filed with the Federal Election Commission or Internal Revenue Service Form 8872 within 10 calendar days of such filing.

Makes conforming title changes.