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 laws.
Some of these bills become laws as soon as they are signed by Governor Roy Cooper while others are made effective days or months after they are signed.
State legislatures have set eight bills to become laws in North Carolina on July 1. These laws cover a wide array of topics.
12-week abortion ban
This law was vetoed by Gov. Roy Cooper on May 14, but the veto was overridden by the Senate and the House on May 16. It became law on May 16, though some aspects of the law go into effect on July 1.
Starting July 1, most abortions after 12 weeks of pregnancy will no longer be legal in the state of North Carolina. The new restrictions on abortion in the Tar Heel State are a reduction from current state law, which allows abortions up to 20 weeks of pregnancy.
Under the new law, most abortions won't be allowed after 12 weeks of pregnancy. Partial-birth abortions are also totally prohibited at any time of pregnancy, as are "eugenic abortions". The law describes the latter as an abortion in response to a fetus' presumed race or racial makeup, sex, or likelihood or knowledge a child could be born with Down syndrome.
Breaking the law is deemed a Class D felony, which will include a fine of up to $250,000. The law also says anyone who tries to perform any act that kills a child born alive will face punishment for murder.
READ MORE: New abortion restrictions in North Carolina take effect July 1. Here's a closer look at the details
Additionally, it will be unlawful for anyone in North Carolina to mail abortion-inducing drugs like Mifepristone to others seeking a medication abortion. Anyone found doing so could face a $5,000 fine per violation.
The new law also covers how parents can safely surrender infants, how courts can terminate parental rights lawfully, adoptions, and funding for family members fostering an infant once parents lose custodial rights. It also expands parental leave for state employees after giving birth, adopting or fostering a child.
Concealed carry changes
This law was vetoed by Gov. Roy Cooper on March 24, but the veto was overridden by the Senate on March 28 and by the House on March 29. It became law on March 29, though some aspects of the law go into effect on July 1.
The law does several things regarding gun possession:
First, the law allows concealed carry permit holders to carry guns on applicable school properties during specific times. The majority of that section of the law does not go into effect until Dec. 1, but starting July 1, the law will allow concealed carry for specific employees of law enforcement facilities. The heads of law enforcement agencies still will have the ability to rescind that designation from a given employee.
Additionally, the law repeals pistol purchase permits, making it easier for North Carolinians to buy handguns. This section of the law already went into effect on March 29, and applies to pistols that are sold, given, transferred, purchased or received on or after that date. As WCNC Charlotte has previously reported, the old North Carolina law required someone being privately sold or gifted a pistol to first get a permit from their sheriff.
PREVIOUS COVERAGE: North Carolina House GOP aims to end concealed handgun mandate
Finally, the law launches a two-year statewide awareness initiative for safe gun storage and the facilitation of gun lock distribution. This initiative will be launched by the Department of Public Safety, the Department of Health and Human Services, and the Wildlife Resources Commission. The initiative includes the development of a website and toolkit that must be developed by July 1. Once the website and toolkit are developed, the next step is the implementation of an outreach process to share the website and toolkit with the public. The collaborating departments involved will be required to submit a report to the Joint Legislative Oversight Committee on Health and Human Services by Sept. 1, 2024 detailing their progress.
Tournament shark fishing ban
House Bill 544 makes it an unlawful act to take sharks from the shoreline during a fishing tournament held at certain North Carolina waters during tourist season.
The law adds a section to Article 15 of Chapter 113 of the North Carolina General Statutes, which covers coastal regulations.
The section prohibits fishing tournament participants to take sharks between May 1 and October 31, which is defined as tourist season, at eight North Carolina beaches.
These beaches include Carolina Beach, Caswell Beach, Holden Beach, Kure Beach, Oak Island, Ocean Isle Beach, Sunset Beach, and Bald Head Island.
The bill was signed by Cooper on June 2 and has drawn complaints from some fishermen, according to WRAL.
District attorney investigators
This law was signed by Governor Cooper on June 9, 2023, and provides district attorneys with more supportive members in the district attorneys' offices.
Most of these changes went into effect when the act was signed into law, and some don’t go into effect until Oct. 1, but one section, Section 2, is official on July 1, 2023.
Section 2 adds that each district attorney may appoint at least one district attorney investigator to complete whichever duties the district attorney may need.
Wildlife Resource Commission lost licenses
House Bill 103 covers dozens of session law changes to the North Carolina General Statutes.
Most of the bill went into effect when it was signed into law on June 16, but one change waits until July 1 to become law.
Section 15.3(f) of Session Law 2022-74 is changed to read "G.S. 113-275(c1)" instead of "G.S. 112-275(c1)" with this law.
The change made to General Statute 113-275(c1) under the 2022 session laws was to alter application costs for lost or damaged licenses issued by the Wildlife Resource Commission.
Under the new law, anyone who needs a replacement WRC-issued license that is not expired can submit an application and up to $5 to get a new one. Previously, the statute said the charge would be $5.
Public school pensions
This law was signed by Governor Cooper on June 6, 2023, and aims to make amends to the anti-pension spiking contribution-based benefit cap law for school systems that was enacted in 2014. It also provides additional tools for resolving disputed action against these laws.
The first changes made clear how the collection of employers' contributions should be handled. It said that a public school unit is not required to pay an additional amount for the retirement of a public school employee if the public school certifies both of the following:
- The retiree's position during the period used to determine final compensation was was one which State law mandates a specific dollar amount that must be paid to an employee in that position or the retiree served a minimum of 12 years in such position.
- The greatest amount paid to the retiree for the time period that is used for calculating final compensation did not exceed 20% of their salary..
If the school certifies the first condition but not the second, the contribution will be adjusted proportionately in order to calculate the additional payouts that the employer will contribute.
Another change now allows for the Department of the State Treasurer to designate legal counsel, including private counsel, to represent the interests of the administration when resolving pending legal actions against the State regarding the anti-pension spiking contribution-based cap and other benefit programs.
Notary updates
This law pertains to notaries and their requirements for registration and resignation, as well as throughout the job. Governor Cooper signed the act to make these changes to the Notary Public Act on June 23, 2023.
A notary must always maintain the confidentiality of a principal’s documents and information. They must also keep a journal recording of the notarial acts they perform and how they do them. It is reinforced that these recordings are not public records. It also gives requirements for vendors and manufacturers of notary seals to confirm the identity of the purchaser even after they are required to present a notary commission issued by the Secretary of State.
Notaries must send an online notification to the Secretary within 45 days of any changes in name, telephone number, or mailing address. Resignations from the notary’s commission must be sent to the Secretary online and include a signed notice indicating the date of resignation. The notary’s seals should be delivered to the Secretary by hand or through the United States Postal Service within 45 days of the resignation.
There are also changes to the maximum fees charged for some notarial acts. For example, an electronic notarization, acknowledgment or jurat is $15 per electronically notarized principal signature. Notaries are also now able to be reimbursed for their work-related travel at the federal business rate which is 65.5 cents per mile.
The Secretary may allow applications for commissions to be submitted electronically. However, they must issue a warning, restriction, suspension, or revocation for a violation of this Chapter and its rules, and on any ground that an application, registration, certification, approval or license may be denied.
A notary shall register to notarize electronically or remotely with the Secretary before performing notarial acts and may be denied registration as authorized by law, which the Secretary must notify the individual of denial. After registration as an electronic notary, the Secretary must be notified of all technology that will be used for remote electronic notarizations to ensure they comply with all requirements and rules related to remote notarial acts.
The required course for notarial licensure has increased from three to four hours in length and it now includes instruction on remote electronic notarization.
Timber removal penalties and animal waste management fees
This law was originally vetoed by Gov. Cooper on June 23, 2023, but the veto was overridden by the Senate and House on June 27, 2023, making it law. In addition to adding an Equine State Trail and renaming the state fruit to the muscadine grape, it also makes changes to multiple agricultural and wastewater laws.
Many parts of this bill went into effect when the bill was signed into law, and some don’t go into effect until Oct. 1, and Dec. 1 of this year. However, a few sections of the law go into effect on July 1, 2023:
Section 1 of the law adds the income from the sale of honey to be added into gross income for farmers. This encourages beekeepers to preserve their land as they may now benefit from reduced tax rates.
Section 11.1 adds that the penalty for someone who cuts down trees in a protected area called a riparian buffer should not exceed the amount of money the trees would have been worth if they were not cut down.
Section 13.1 increases the fees required to receive an animal waste management system operator certificate to that of the water pollution control system operator.
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