CHARLOTTE, N.C. — The North Carolina General Assembly has worked on thousands of bills this session, but only a select number of them have been made into law.
Some of these bills became laws as soon as they were signed by Gov. Roy Cooper, while others were made effective days, or months after they were signed. The General Assembly even stipulates that certain sections of bills go into effect on different dates than others.
The North Carolina Legislature has slated 19 laws to go into effect on Oct. 1. These laws cover a wide array of topics.
Midwife changes and safe surrender of infants
SB 20 is an act to revise the laws pertaining to the safe surrender of infants under the abuse, neglect, and dependency laws.
The purpose of this Article is to protect newborn infants by providing a safe alternative for a parent who, in a crisis or in desperation, may physically abandon or harm his or her newborn and to provide information for the parent regarding the parent's rights and alternatives.
There are some limitation to this law, which includes the following:
- A surrendered infant is not reasonably believed to be under seven days old.
- The infant shows signs of abuse or neglect.
- There is reason to believe the individual surrendering the infant was not the infant's parent.
- At the time the infant was surrendered, there was reason to believe the parent intended to return for the infant.
Here are the people who are legally allowed to take in an infant:
- A healthcare provider who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center
- A first responder, including a law enforcement officer, a certified emergency medical services worker, or a firefighter.
- A social services worker who is on duty or at a local department of social services
DA office dispute resolution fees
House Bill 116 allows district attorneys (DAs) to recuse themselves from a case for "good cause." The bill would also provide for each DA to appoint at least one special investigator and clarify that written materials related to criminal investigations and prosecutions are not subject to the Public Records Act.
The law will also provide copies of criminal records obtained by a DA or their staff are also not eligible to be released under the Public Records Act, but rather that individuals seeking criminal records follow other existing methods for obtaining one.
Airport authorities' role in erosion and sedimentation control
This law gives certain airport authorities more choice when it comes to erosion control by allowing them to decide which local programs will govern their "land-disturbing" activity. The airport authorities will be able to review erosion and sedimentation control plan approvals and review compliance efforts.
Rate changes for credit installment sale contracts
Senate Bill 329 modifies the maximum finance charge rates that may be applied to consumer credit installment sale contracts and would increase the default charge for past-due installment payments from $15 to $18. It was vetoed by Gov. Cooper on June 19 before the General Assembly voted to override his authority on June 27.
The act includes limits on finance charge rates and default charges, as well as terms of payments. Under current law, if the amount of finances is secured in whole or in part by a security interest in real property, the finance charge rate may not exceed 16% per year. If any installment is past due for 10 days or more, the seller may assess a default charge.
Section 1 of the bill does two things:
- It sets the maximum finance charge rates for consumer credit installment contracts for goods and services other than cars as follows: Less than or equal to $3,000 at 24%, greater than $3,000 at 21%.
- Consumer credit installment sale contracts of vehicles that are repayable in at least six installments would have higher finance rate charges. These rates would be set by model year, which is defined as being "1 model year old on Jan. 1 of the year following the designated year model of the vehicle."
- 1 to 3 years: 20%, 4 to 5 years 26%, 6 years and older 30%
Changes to the Consumer Finance Act
Senate Bill 331 makes various changes to the Consumer Finance Act:
- It would remove the definition of "cash advance" and expand the list of definitions to include definitions for "amount finances," "electronic payment," "loan amount" and "servicing loans."
- Requires any person who lends amounts of $15,000 or less at interest rates higher than those allowed under North Carolina's usury laws to be licensed under the Consumer Finance Act. It increases the amount a person could lend to $25,000 and require the servicers of those loans to be licensed.
- SB 331 increases the application fee of a person seeking to obtain a consumer finance license from $250 to $500.
- If a loan is greater than $12,000 the interest rate may not exceed 18%. It also increases the interest rate for the first $4,000 of those loans from 30% to 33%.
PREVIOUS COVERAGE: NC Senate acts quickly to seek to override 4 of Gov. Cooper’s vetoes
Farmer tax exemption change
Senate Bill 582 makes various changes to North Carolina's agricultural and wastewater laws.
SB 582 allows income from the sale of honey to be considered gross income for the purposes of present-use value taxation. This is effective for taxes imposed for taxable years beginning on or after July 1, 2023.
It also adds a twelfth member to the Board of Agriculture, who must be actively involved in the equine industry.
- Compost will be exempt from sales and use tax when purchased by a qualifying farmer for use in primarily farming operations. The products include commercial fertilizer, lime and potting soil.
- Section 3 clarifies that fifth-wheel trailers, recreational vehicles, semitrailers or trailers used exclusively or primarily to transport vehicles in connection with motorsports competition events are not considered property-hauling vehicles, which have different rates for taxation and registration than passenger vehicles.
- Section 7 renames North Carolina's official state fruit to the Muscadine grape. It was the Scuppernong grape, which is a variety of Muscadine grape. The change will broaden that official fruit to all varieties of Muscadine.
- Section 8 designates the longleaf pine as the emblem representing trees of North Carolina. Under current law, the pine is the official state tree.
- Section 10 prohibits the use of unmanned aircraft (drones) within either a horizontal distance of 3,000 feet or a vertical distance of 3,000 feet from any forest fire within the jurisdiction of the North Carolina Forest Service. Exceptions will be made for law enforcement and the N.C. Forest Service. Penalties for violating this law will range from $1,000 fines to felony charges and jail time.
Changes to education requirements for environmental health specialists
Signed into law by Gov. Cooper on June 29, 2023, House Bill 190 makes changes to the educational requirements for qualified environmental health specialists with the North Carolina Department of Health and Human Services.
The law now requires that the North Carolina Board of Education will issue a certificate for qualified environmental specialists upon its determination that the person satisfies the following criteria:
- The individual has submitted an application to the Board and paid a $100 fee.
- The individual is of good moral and ethical character and has signed an agreement to adhere 20 to the Code of Ethics adopted by the Board.
- The individual graduated with a bachelor's degree or postgraduate degree from a program that is accredited by the National Environmental Health Science and Protection Accreditation Council and earned a minimum required number of semester hours in the bachelor's program and has one or more years in the field of environmental health practice.
- The individual has satisfactorily completed a course in specialized instruction and training approved by the Board in environmental practice.
- The individual has passed an exam administered by the Board designed to test for competence in the subject matters of environmental health sanitation and must take the exam once a year or as frequently as the Board sees fit.
- The individual has paid an exam and administration fee set by the Board of $150.
Interrogation guidelines
House Bill 790 was signed into law by Cooper on July 7. The sections of the law going into effect Oct. 1 modify guidelines for police interrogations.
Section 2 of the law handles interrogation guideline changes for nondefendants.
Interrogations gathered from nondefendants in a case will now be allowed to be provided to the defendants for use in a trial if they choose to request them. These recordings are required to be destroyed after the case's state appeal process is completed, according to the new law.
Section 4 of the law introduces new guidelines for in-custody informants, which the law defines as "a person, other than a codefendant, accomplice, or coconspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held [in custody.]"
The in-custody informant interrogations will be recorded and are not allowed to be destroyed until a year after state and federal appeals are completed.
Pretrial release guidelines
House Bill 813, known as the Pretrial Integrity Act, takes away the responsibility of magistrates to set bail for certain offenses. North Carolina Gov. Cooper signed the bill into law back in July. It creates stricter bail laws after law enforcement agencies across the state voiced concerns about low bonds for certain violent offenses.
One instance included a Fort Mill EMS worker charged with sexually assaulting a 17-year-old in the back of an ambulance. The man was given a bond of $15,000 and bonded out less than an hour after he was arrested.
PREVIOUS COVERAGE: 'Pretrial Integrity Act,' would impose stricter bail for violent crimes, takes effect in North Carolina on Oct. 1
This law gives judges discretion to determine if a person charged with certain crimes may be released from jail before their trial. Those charges include first-degree murder, second-degree murder, kidnapping, rape, first-degree forcible sexual offense and assault with a deadly weapon with intent to kill inflicting serious injury. South Carolina Gov. Henry McMaster recently signed a bond reform bill into law that aims to keep repeat violent offenders off the street.
Regulatory and oversight changes to mental health licensure and certification
There continues to be a growing need for mental health and disability services in North Carolina. Because of this, House Bill 344 directs the Department of Health and Human Services to enact regulatory and oversight changes to the operations and procedures of the Mental Health Licensure and Certification Section of the Division of Health Service Regulation (DHSR).
Under this law, DHSR must develop and quality dashboard to measure agency performance in mental health, intellectual and developmental disabilities and substance abuse services. The quality dashboard will also be used to identify trends and outcomes of DHSR reviews.
This law goes into effect on Oct. 1. and beginning Jan. 31, 2024, DHSR is required to post monthly data on the dashboard, which will be used to conduct oversight and promote transparency and communication.
The following data will be posted on a monthly basis:
- The number of MH/IDD/SUS facility licenses granted by licensure type or licensure category, whichever shall apply.
- Any identified trends regarding violations of review.
- The 10 most frequently violated rules.
- The 10 most frequently violated rules for each program type.
- Top core cited rule areas.
- The number of general citations issued requiring a corrective action plan.
- The number of Type B violations cited.
- The number of Type A2 violations cited. (9) The number of Type A1 violations cited.
- The number of suspensions of admissions issued.
- The number of revocations issued.
- The number of summary suspensions issued.
- The number and amount of monetary penalties issued.
DHSR will also post data about contested cases and compliance on its website on a quarterly basis starting Jan. 31, 2024. It also must establish a workgroup to collaborate with providers and address ongoing provider concerns, clarify procedures and offer annual training to providers.
Finally, DHSR will enhance the use of technology in its review process and accept documentation via the electronic health record.
Children allowed in family foster homes
House Bill 815 sets a limit for the number of children allowed to live in a family foster home. The bill was signed into law by Cooper on July 7.
With this law, up to five children will be allowed to live in a family foster home. This includes any of the foster family's children and those looked after for in-home daycare and babysitting.
Exceptions will be made so that siblings can be placed together if the foster parents can provide the necessary care.
Modifying supervision requirements for certified alcohol and drug counselors and certified criminal justice addiction professionals
Senate Bill 45 was signed by Gov. Cooper on July 7 and goes into effect on Oct. 1.
The law makes changes that impact supervision requirements for certified alcohol and drug counselors and certified criminal justice addiction professionals. As part of the changes, the law reinstates supervision requirements for certified criminal justice addictions professionals, so these professionals now must have one hour of supervision per 40 hours of practice after board certification.
After certain milestones, the supervision ratio will now decrease for board-certified counselors. After two years of practice, counselors will be required to document one hour of supervision for every 80 hours of practice. After four years of practice, that number drops to one hour of documented supervision for every 160 hours of practice.
The law maintains the required documentation of the supervision, but no longer requires that the form itself be provided by the board.
Chiropractor preceptorship requirements
Aspiring chiropractors in North Carolina will soon be able to provide some services while still working towards their license.
Under Senate Bill 507, students involved in preceptorship programs can now offer services to clients as long as a licensed supervisor is present. The supervisor will need to be present at all times in the room where the patient is being treated.
The new law still outlines penalties for offering chiropractic services without a license. Anyone who does so will face a misdemeanor and could face legal action by the North Carolina State Board of Chiropractic Examiners. However, this does not apply to students who are clearly offering services under direct supervision.
Changes to missing persons reports, sex offender registration
Starting Oct. 1, there will be some key changes to how missing people are reported in the state of North Carolina because of Senate Bill 171.
Under the new law, the Silver Alert system will now become the Missing Endangered system, which is run by the North Carolina Center for Missing Persons. Adults or children who live with a cognitive impairment that requires them to be protected from potential abuse or other physical harm will be included in future statewide missing persons alerts.
The bill also says that if a person is reported missing to any law enforcement agency or the center and has been missing for under 72 hours, an alert must be shared as quickly as possible.
Another section covered under the bill involves clarification of who counts as a sex offender in North Carolina to include military personnel found guilty in state court-martial proceedings. A person who has a reportable, final conviction in a state court-martial proceeding for a sexually violent offense or one against a minor will need to register as an offender. This applies to convictions that start on or after Oct. 1, 2023.
Providing flexibilities in child care to address the workforce shortage by recognizing the Child Development Associate (CDA) credential in early childhood education
This legislation, signed by Gov. Cooper on July 10, requires the Department of Health and Human Services, Division of Child Development and Early Education to develop and implement criteria to address the workforce shortage in child care by March 31, 2024. This criterion is specifically required to ensure the child development associate (CDA) credential from birth through age 3 and the CDA credential for ages 3 to 5 counts toward requirements for the star rating system for child care.
People working to get recognition for these CDA credentials have to meet education, training, documentation and experience requirements.
Education:
- The person must do one of the following: earn a high school diploma, earn a general education development (GED) credential, or be a junior or senior enrolled in a high school career and technical program in early childhood education.
- The person must complete 120 hours of formal training for early childhood education, including learning about the development of children either birth through age 3 or ages 3 to 5. The person must have at least 10 hours of training in each of the following: Planning safe and healthy learning environments, advancing physical and intellectual development for children, supporting the social and emotional development of children, creating "productive relationships with families," managing program operations effectively, maintaining professionalism, observing and recording kids' behavior, and principles of child development and learning.
Training:
- The person must complete training, though it can be through a single agency or multiple agencies.
- The organization that provides the person's training is required to have expertise in both early childhood education and teacher preparation.
- The organization is required to provide official documentation of the training and when the person completed it.
Documentation:
Within six months of submitting the application for the CDA credential, the person is required to do the following:
- Prepare a CDA profile consisting of reference materials related to their work with children and families.
- Choose a CDA professional development specialist to conduct a CDA verification visit. This visit will consist of reviewing the person's portfolio, observing the person working with children, speaking with the person, and submitting score recommendations.
Experience:
The person is required to obtain 480 hours of professional work experience in a center-based setting with children that are either birth through age 3 or ages 3 to 5, within three years of submitting the application for the CDA credential.
While the act goes into effect on Oct. 1, the Department of Department of Health and Human Services, Division of Child Development and Early Education does still have until the end of March to develop and implement this criteria.
Amending the law on mental health facility disclosure of confidential information
House Bill 484 was signed by Gov. Cooper on July 10 and formally became law on Oct. 1, 2023.
The current law ensures that a client's information is treated confidentially, with exceptions that do allow for disclosure of confidential information.
House Bill 484 amends the current law to conform to federal regulations with regard to the requirements for confidential information disclosure. The bill allows mental health facilities to disclose confidential information about a client if that client, or the person legally responsible for the client, consents in writing to the release of the information.
The written release must also contain core elements that are federally required by the Code of Federal Regulations.
Changes to various laws governing courts and justice
This legislation allows individuals who have a judgment against them to pay court fees and fines using a debit or credit card. Before this rule, which passed in a largely bipartisan vote, paper money and checks were the standard.
It details when nonviolent offenders can file for an expunction of their criminal charges.
It also lays out acceptable excuses for getting out of jury duty. Any person summoned as a juror who is a full-time student or more than 72 years old can request a jury duty exemption without appearing in person. Anyone who has a disability that might interfere with jury duty can also request an exemption without going to court.
Additionally, the law makes sure that courts notify a person when they are served through the state's new eCourts program. An individual being served is now required to be told where to access the paperwork online.
The new rule lets the Administrative Office of the Courts encourage district court judges dealing with youth cases to undergo special, trauma-informed training on how to relate with children.
Building permits and alternative pavement design standards
House Bill 488 is written to reorganize the Building Code Council and create the Residential Code Council, to amend various provisions of the North Carolina State Building Code and land development regulations, and to increase the project cost minimum for the applicability of general contractor licensing requirements.
The law's reorganization of the Building Code Council said the council should comprised of nine members, including:
- A licensed architect appointed by the Building Code Council chairman
- A licensed engineer practicing mechanical engineering
- A licensed engineer practicing electrical engineering
- A licensed engineer practicing structural engineering
- A municipal elected official
- A fire service representative
- A municipal or county building inspector
- A State agency engineer
- A licensed general contractor
Tax filing extensions for charities and a new exception
Charities that rely on asking for donations will have some new rules to work with starting Oct. 1. regarding tax form filing.
Under current state law, many charities and sponsors have to register for a license annually and provide federal tax information to the state. With Senate Bill 429 taking effect, those groups will have some grace for filing if they need it; charities whose federal informational tax form filing dates are extended will have to let the state know and file for an extension at the state level.
At that point, state tax officials could extend the time allowed for annual filing and license renewal for up to 60 days beyond Tax Day.
Some charities will also get new exemptions from state licensing requirements when the law is enacted. Any charity that receives less than $50,000 per year in contributions to a charity and doesn't provide compensation to an officer, fundraiser, solicitor, trustee, or organizer is now exempt from certain licensing and disclosure requirements laid out in state law. The dollar amount is an increase from the previous law, which capped out at $25,000.
However, those charities will still need to provide proof that they received less than $50,000 in a year. Groups can do this by providing the state with appropriate documentation from the federal Internal Revenue Service, a copy of a budget for the current year, a completed financial form provided by the state, or any other evidence.