GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2023

SESSION LAW 2024-57

SENATE BILL 382

AN ACT to make modifications to and provide additional appropriations for disaster recovery; to make technical, Clarifying, and other modifications to the current OPERATIONS appropriations act of 2023; and to make Various changes to the law.

The General Assembly of North Carolina enacts:

part I. Disaster relief

subpart I‑A. General Provisions

SECTION 1A.1.  Title. – This Part shall be known as The Disaster Recovery Act of 2024 – Part III.

SECTION 1A.2.  Maximum Amounts; Effectuate Savings. – The appropriations and allocations made in this Part are for maximum amounts necessary to implement this Part. Savings shall be effected where the total amounts appropriated or allocated are not required to implement this Part.

SECTION 1A.3.  Scope. – Unless otherwise provided, this Part applies to the North Carolina counties in the affected area, as defined in Section 1A.4 of this Part.

SECTION 1A.4.  Definitions. – Unless otherwise provided, the following definitions apply in this Part:

(1)        Affected area. – The counties designated before, on, or after the effective date of this act under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93‑288) as a result of Hurricane Helene.

(2)        FEMA. – The Federal Emergency Management Agency.

(3)        Helene Fund. – The Hurricane Helene Disaster Recovery Fund established in Section 4.1 of S.L. 2024‑51.

(4)        OSBM. – The Office of State Budget and Management.

(5)        Recipient. – A State agency or a non‑State entity, as those terms are defined in G.S. 143C‑1‑1.

(6)        Savings Reserve. – The Savings Reserve established in G.S. 143C‑4‑2.

(7)        SERDRF. – The State Emergency Response and Disaster Relief Fund established in G.S. 166A‑19.42.

SECTION 1A.5.  Transfer of Additional Disaster Relief Funds. – Notwithstanding G.S. 143C‑4‑2, the State Controller shall transfer the sum of two hundred twenty‑seven million dollars ($227,000,000) from the Savings Reserve to the Helene Fund and, except as otherwise provided in this act, the funds shall remain unspent until appropriated by an act of the General Assembly. It is the intent of the General Assembly to review funding and to consider actions needed to address remaining unmet needs.

subpart I‑B. Education

CLARIFY EMPLOYEE COMPENSATION DURING INSTRUCTIONAL DAYS DEEMED COMPLETED IN NOVEMBER OF 2024 DUE TO HURRICANE HELENE

SECTION 1B.1.  Section 8.1 of S.L. 2024‑51, as amended by Section 4A.1 of S.L. 2024‑53, reads as rewritten:

SECTION 8.1.(a)  School Calendar Flexibility. – Notwithstanding G.S. 115C‑84.2(a)(1), 115C‑150.12C(3), 115C‑218.85(a)(1), 115C‑238.53(d), 115C‑238.66(1)d., 116‑239.8(b)(2)c., Section 6(e) of S.L. 2018‑32, and any other provision of State law to the contrary, if the governing body of a public school unit closed any school under its control due to unusual and extraordinary inclement weather conditions related to Hurricane Helene or PTC8, calendar flexibility for missed instructional time from September 2024 through November 2024 shall be provided as follows:

…

SECTION 8.1.(c)  Employee Compensation. – Except in the case of a charter school, all employees and contractors of a public school unit shall be deemed to have worked for any scheduled instructional days missed due to Hurricane Helene during the months of from September 2024 and October 2024 through November 2024 that a public school unit has deemed completed and is not required to make up. Employees and contractors shall be compensated in the same manner they would have if they had worked on the scheduled instructional days missed. The board of directors of a charter school may, but is not required to, provide such compensation for its employees and contractors.

….

ALLOW CHANCELLOR OF THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE TO USE REMAINING TUITION GRANT FUNDS TO HELP UNCA

SECTION 1B.2.  Section 4A.4 of S.L. 2024‑53 is amended by adding a new subsection to read:

SECTION 4A.4.(f)  Remaining Grant Funds. – In the event there are funds remaining in the 2024‑2025 fiscal year after providing tuition grants to all eligible students, as provided by this section, the Chancellor of UNCA may use those remaining funds in the Chancellor's discretion to help UNCA.

Subpart i‑C. health and human services

EXTENSION OF MH/DD/SUS FACILITY LICENSES AND LICENSE RENEWAL DEADLINES

SECTION 1C.1.(a)  Notwithstanding G.S. 122C‑23(e) or any other law to the contrary, both of the following apply to each licensable facility located in the affected area that holds a valid, regular license for the 2024 calendar year to provide services for the care, treatment, habilitation, or rehabilitation of individuals with mental illness, intellectual or developmental disabilities, or substance use disorders:

(1)        The validity of the facility's license is extended from December 31, 2024, to March 1, 2025.

(2)        The deadline for the facility to submit a renewal application and pay the applicable fee for renewal of its license for the 2025 calendar year is March 1, 2025.

SECTION 1C.1.(b)  As used in this section, licensable facility has the same meaning as in G.S. 122C‑3.

AUTHORIZATION FOR THE DIVISION OF HEALTH SERVICE REGULATION TO TEMPORARILY WAIVE RULES PERTAINING TO LOCAL CONFINEMENT FACILITIES DURING CERTAIN EMERGENCIES

SECTION 1C.2.  G.S. 153A‑221 reads as rewritten:

§ 153A‑221.  Minimum standards.standards; waiver of rules during an emergency.

…

(f)        The Division of Health Service Regulation of the North Carolina Department of Health and Human Services may temporarily waive any rules applicable to local confinement facilities upon any of the following:

(1)        A declaration of a state of emergency by the Governor in accordance with Article 1A of Chapter 166A of the General Statutes.

(2)        A declaration of a national emergency by the President of the United States.

(3)        A declaration of a public health emergency by the Secretary of the United States Department of Health and Human Services.

(4)        A temporary waiver or modification issued by the Secretary of the United States Department of Health and Human Services, to the extent necessary to allow for consistency between the State and the federal government.

(5)        When the Division of Health Service Regulation determines the existence of an emergency that poses a risk to the health or safety of prisoners or local confinement facility staff.

EXTENSION OF REGISTRATIONS AND REGISTRATION RENEWAL DEADLINES FOR MULTIUNIT ASSISTED HOUSING WITH SERVICES FACILITIES

SECTION 1C.3.  Notwithstanding Article 1 of Chapter 131D of the General Statutes, G.S. 143B‑165(14), or any other law to the contrary, both of the following apply to each facility located in the affected area that holds a valid, current registration issued by the Department of Health and Human Services, Division of Health Service Regulation (DHSR), for multiunit assisted housing with services, as defined in G.S. 131D‑2.1(10):

(1)        The validity of the facility's registration for multiunit assisted housing with services for calendar year 2024 is extended from December 31, 2024, to March 1, 2025.

(2)        The deadline for the facility to submit a registration application and pay the applicable registration fee to the DHSR to renew its registration for multiunit assisted housing with services for the 2025 calendar year is March 1, 2025.

EXTENSION OF ADULT CARE HOME AND FAMILY CARE HOME LICENSES AND LICENSE RENEWAL DEADLINES

SECTION 1C.4.(a)  Notwithstanding G.S. 131D‑2.4(d) or any other law to the contrary, both of the following apply to each facility located in the affected area that holds a valid adult care home or family care home license issued by the Department of Health and Human Services, Division of Health Service Regulation (DHSR), which is due to expire on December 31, 2024:

(1)        The validity of the facility's license as an adult care home or a family care home is extended to March 1, 2025.

(2)        The deadline for the facility to submit a renewal application and pay the applicable fee to the DHSR for renewal of its adult care home or a family care home license for the 2025 calendar year is March 1, 2025.

SECTION 1C.4.(b)  As used in this section, the terms adult care home and family care home are as defined in G.S. 131D‑2.1.

EXTENSION OF DEADLINE FOR RENEWAL OF ADULT CARE HOME ADMINISTRATOR CERTIFICATION AND COMPLETION OF CONTINUING EDUCATION REQUIREMENTS

SECTION 1C.5.(a)  Notwithstanding Article 20A of Chapter 90 of the General Statutes or any other law to the contrary, all of the following apply with respect to certified administrators of adult care homes who either work as administrators or reside in the affected area:

(1)        The validity of the administrator certification is extended from December 31, 2024, to March 1, 2025.

(2)        The December 31, 2024, deadline for completing the annual continuing education requirements of G.S. 90‑288.15 and any rules adopted pursuant to that section is extended to March 1, 2025.

(3)        For the 2025‑2027 fiscal biennium, the deadline for certified administrators of adult care homes to submit applications for renewal and pay renewal fees is March 1, 2025.

SECTION 1C.5.(b)  As used in this section, the terms administrator and adult care home are as defined in G.S. 131D‑2.1.

SECTION 1C.5.(c)  Consistent with G.S. 90‑288.12(b), this section does not apply to administrators of family care homes, as defined in G.S. 131D‑2.1.

subpart I‑D. Agriculture and natural and economic resources

FUNDS FOR SOIL AND WATER CONSERVATION

SECTION 1D.1.  Of the funds transferred pursuant to Section 1A.5 of this act, there is appropriated from the Helene Fund the sum of two million dollars ($2,000,000) in nonrecurring funds for the 2024‑2025 fiscal year to the Department of Agriculture and Consumer Services for the provision of technical support to soil and water conservation districts in the affected area, including the creation of time‑limited positions.

DEBRIS REMOVAL FUNDS

SECTION 1D.2.  The State Controller shall transfer the sum of twenty‑five million dollars ($25,000,000) from the SERDRF to the Helene Fund.  The funds transferred pursuant to this section are appropriated for the 2024‑2025 fiscal year to the Department of Agriculture and Consumer Services for purposes in the affected area authorized under the Streamflow Rehabilitation Assistance Program created by Article 6 of Chapter 139 of the General Statutes.  The Department shall not expend funds appropriated by this section on any activities that will be, or likely will be, covered by federal funds.

EXTENDING CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE AFFECTED AREA

SECTION 1D.3.(a)  Definitions. – As used in this section, the following definitions apply:

(1)        Development. – The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure or facility; or any grading, soil removal or relocation, excavation or landfill, or any use or change in the use of any building or other structure or land or extension of the use of land.

(2)        Development approval. – Any of the following approvals issued by the State, any agency or subdivision of the State, or any unit of local government, regardless of the form of the approval, that are for the development of land or for the provision of water or wastewater services by a government entity:

a.         Any detailed statement by a State agency under G.S. 113A‑4.

b.         Any detailed statement submitted by a special purpose unit of government or a private developer of a major development project under G.S. 113A‑8.

c.         Any finding of no significant impact prepared by a State agency under Article 1 of Chapter 113A of the General Statutes.

d.         Any approval of an erosion and sedimentation control plan granted by a local government or by the North Carolina Sedimentation Control Commission under Article 4 of Chapter 113A of the General Statutes.

e.         Any water or wastewater permit issued under Article 10 or Article 11 of Chapter 130A of the General Statutes.

f.          Any building permit issued under Article 9 of Chapter 143 of the General Statutes.

g.         Any nondischarge or extension permit issued under Part 1 of Article 21 of Chapter 143 of the General Statutes.

h.         Any stream origination certifications issued under Article 21 of Chapter 143 of the General Statutes.

i.          Any water quality certification issued under Article 21 of Chapter 143 of the General Statutes.

j.          Any air quality permit issued by the Environmental Management Commission under Article 21B of Chapter 143 of the General Statutes.

k.         Any approval by a local government of sketch plans, preliminary plats, plats regarding a subdivision of land, a site specific development plan or a phased development plan, a development permit, a development agreement, or a building permit under Chapter 160D of the General Statutes.

l.          Any certificate of appropriateness issued by a preservation commission of a local government under Part 4 of Article 9 of Chapter 160D of the General Statutes.

SECTION 1D.3.(b)  For any development approval that is current and valid at any point during the period beginning January 1, 2024, and ending December 31, 2027, the running of the period of the development approval and any associated vested right under G.S. 160D‑108 or G.S. 160D‑108.1 is suspended within the affected area during the period beginning January 1, 2024, and ending December 31, 2027.

SECTION 1D.3.(c)  This section shall not be construed or implemented to:

(1)        Extend any permit or approval issued by the United States or any of its agencies or instrumentalities.

(2)        Extend any permit or approval for which the term or duration of the permit or approval is specified or determined pursuant to federal law.

(3)        Shorten the duration that any development approval would have had in the absence of this section.

(4)        Prohibit the granting of such additional extensions as are provided by law.

(5)        Affect any administrative consent order issued by the Department of Environmental Quality in effect or issued at any time from the effective date of this section to December 31, 2027.

(6)        Affect the ability of a government entity to revoke or modify a development approval pursuant to law.

(7)        Modify any requirement of law that is necessary to retain federal delegation by the State of the authority to implement a federal law or program.

SECTION 1D.3.(d)  When a development approval that is contingent upon connection to a water supply system or a sanitary sewer system is suspended under subsection (b) of this section and there is not sufficient supply or treatment capacity to accommodate requests for additional allocation, the local government that granted the allocation may reallocate reserved capacity from projects whose approvals are suspended but are not ready to proceed if the local government meets all of the following requirements:

(1)        Establishes an allocation plan for existing capacity that determines actual capacity and provides for a fair and equitable process to distribute the remaining capacity.

(2)        Establishes a reallocation plan to meet requests for capacity above permitted capacity that is fair and equitable and requires the following:

a.         That an applicant for a new or additional allocation demonstrates the ability to begin construction.

b.         That the holder of a development permit suspended under subsection (b) of this section demonstrates the ability or intent to begin construction in no less than 120 days in order to retain the reserved capacity.

(3)        Does not reallocate capacity to exceed the amount of the reserved capacity.

SECTION 1D.3.(e)  This section does not reduce the original period of a development permit.

SECTION 1D.3.(f)  Within 30 days after the effective date of this section, each agency or subdivision of the State to which this section applies shall place a notice in the North Carolina Register listing the types of development approvals that the agency or subdivision issues and noting the extension provided in this section. This section does not apply to units of local government.

SECTION 1D.3.(g)  The provisions of this section shall be liberally construed to effectuate the purposes of this section.

EXTEND THE VALIDITY OF CERTAIN SEPTIC SYSTEM PERMITS WITHIN THE AFFECTED AREA

SECTION 1D.4.(a)  Notwithstanding any other provision of law, any Improvement Permits, Construction Authorizations, Operations Permits, or Notices of Intent submitted under G.S. 130A‑336.1 or G.S. 130A‑336.2 issued for on‑site wastewater systems located in the affected area that would otherwise expire shall remain valid and unexpired for 10 years from the date of original permit issuance. Notwithstanding any extension granted pursuant to this section, all other provisions of Article 11 of Chapter 130A of the General Statutes and rules adopted thereunder apply, including required inspections and enforcement authority for noncompliance.

SECTION 1D.4.(b)  This section is effective when it becomes law and applies to permits or authorizations valid in the affected area that were current or valid at any point during the period beginning January 1, 2024, through the effective date of this section.

Temporary public water system approval in disaster areas

SECTION 1D.5.(a)  For purposes of this section, the following definitions apply:

(1)        The definitions set forth in G.S. 130A‑313.

(2)        Transient non‑community public water system. – As defined in 40 C.F.R. § 141.2.

SECTION 1D.5.(b)  Notwithstanding any provision of Article 10 of Chapter 130A of the General Statutes to the contrary, a supplier of water may temporarily operate a transient non‑community public water system in the affected area, without having been issued an operating permit by the Department of Environmental Quality, for up to 59 days if necessary to address an immediate public health or safety need.

SECTION 1D.5.(c)  Prior to commencing the operation of any treatment that alters the physical, chemical, or microbiological characteristics of the water at a transient non‑community public water system in the affected area without an operating permit, a supplier of water shall submit a temporary operation notice to the Department that includes: the supplier's contact information; the location and capacity of the water system; the intended duration of operation; and information regarding the water source and the treatment techniques to be employed. The Department may conduct inspections of the public water system and any required records to verify compliance with basic public health standards. The supplier may commence operation of treatment on the next business day not sooner than 24 hours after submitting a temporary operation notice to the Department, except that the supplier shall not commence operation if the Department objects during this period.

SECTION 1D.5.(d)  A supplier of water operating a transient non‑community public water system pursuant to this section shall comply with the following operating standards, unless waived by the Department:

(1)        Ensure the water source is free of contamination to the extent possible.

(2)        Apply basic treatment methods.

(3)        Conduct daily testing for chlorine residuals, pH, and any other parameter as directed by the Department. Indicator test strips may be used as an alternative test method.

(4)        At a minimum, conduct weekly testing for total coliform bacteria.

SECTION 1D.5.(e)  A supplier of water operating any treatment at a transient non‑community public water system pursuant to this section shall notify users if any water quality risks are identified.

SECTION 1D.5.(f)  A supplier of water operating any treatment at a transient non‑community public water system pursuant to this section that has not been issued an operating permit by the Department pursuant to G.S. 130A‑328 shall cease operations within 59 days of commencing service, or upon receiving written notice from the Department citing a public health risk, whichever is earlier. The supplier shall notify the Department within seven days of ceasing operations.

SECTION 1D.5.(g)  Nothing in this section shall be construed to limit the authority of the Department to revoke a supplier's temporary authorization under this section upon determining that a public water system poses an imminent threat to public health or safety.

TEMPORARY PUMP AND HAUL WASTEWATER PERMITS

SECTION 1D.6.(a)  Notwithstanding any other provision of law, wastewater pump and haul system permits issued by the Department of Environmental Quality (the Department) shall be valid for a period of 12 months if the permit holder complies with all of the following:

(1)        The permit holder is a temporary housing unit located in the affected area.

(2)        The permit holder has demonstrated that there is no feasible alternative wastewater management solution immediately available.

(3)        The permit holder contracts with one or more licensed septage management firms to pump and haul the wastewater collected by the permitted system.

(4)        The permit holder maintains compliance with all applicable public health and environmental protection standards.

(5)        The application for a temporary permit issued pursuant to this section shall include a letter from the facility accepting the wastewater, agreeing to accept both the type and quantity of wastewater from the applicant for the proposed activity.

(6)        Pump and haul facilities shall include at a minimum 24 hours storage equipped with high water alarms.

(7)        The permit holder submits quarterly reports to the Department that include the name of the licensed septage management firm or firms servicing the permitted system, the quantity of wastewater pumped and hauled from the system, and the final disposition of the wastewater, including the name of the facility accepting the wastewater, as applicable.

SECTION 1D.6.(b)  A holder of a wastewater pump and haul system permit issued pursuant to subsection (a) of this section may apply for a one‑time extension of no more than 12 months. The Department shall grant a permit extension if the permit holder demonstrates that extraordinary circumstances prevent the establishment of permanent wastewater management within the initial permit period and the permit holder is in compliance with subsection (a) of this section at the time of the permit extension application.

SECTION 1D.6.(c)  The Department may conduct inspections of temporary housing units holding wastewater pump and haul system permits issued pursuant to subsection (a) of this section and may revoke a wastewater pump and haul system permit for noncompliance with applicable statutes or rules.

SECTION 1D.6.(d)  This section is effective when it becomes law and applies to permits issued on or after that date through March 1, 2025.

AUTHORIZE WAIVER OF SUBMISSION AND APPROVAL OF SEDIMENTATION POLLUTION CONTROL PLAN PRIOR TO INITIATION OF LAND‑DISTURBING ACTIVITIES IN CERTAIN CIRCUMSTANCES

SECTION 1D.7.(a)  Notwithstanding any requirement of Article 4 of Chapter 113A of the General Statutes or rules adopted thereunder, to the extent authorized by federal law, the Sedimentation Control Commission, Department of Environmental Quality, or a local government that administers a delegated erosion and sedimentation control program, as applicable, shall waive the requirement that persons conducting land‑disturbing activity in the affected area file an erosion and sedimentation control plan (Plan) for approval of the agency with jurisdiction, and obtain a General Permit NCG01000 (NCG01), prior to initiating land‑disturbing activity. If the applicable agency with jurisdiction waives the requirement for an approved Plan prior to initiation of activities, persons conducting such land‑disturbing activities shall: (i) install all erosion control measures required prior to initiation of land‑disturbing activities; (ii) notify the agency with jurisdiction of the date on which land disturbing activity will be initiated; and (iii) submit a Plan to the agency with jurisdiction, for the agency's approval, within 30 days of initiation of the land‑disturbing activity, and apply for a NCG01 after receipt of Plan approval. Notwithstanding a waiver for a submittal and approval of a Plan authorized pursuant to this section, all other provisions of Article 4 of Chapter 113A of the General Statutes and rules adopted thereunder apply, including required inspections and enforcement authority for noncompliance. In addition to the definitions applicable to this Part, the definitions set forth in Article 4 of Chapter 113A of the General Statutes apply in this section.

SECTION 1D.7.(b)  This section expires March 1, 2025.

TREE ORDINANCE RESTRICTION IN DISASTER DECLARED COUNTIES

SECTION 1D.8.(a)  Notwithstanding the provisions of Chapter 160D, Article 6 of Chapter 153A, or Article 8 of Chapter 160A of the General Statutes or any local act of the General Assembly, no local government in the affected area may enforce any ordinance regulating the removal, replacement, and preservation of trees on private property, including tree removal, trimming, or maintenance activities, or require a permit for those activities, on the portion of any private property that is more than 10 feet from the property boundary.

SECTION 1D.8.(b)  This section shall not apply to any of the following:

(1)        An imminent threat to public safety, as determined by a certified arborist or other local authority.

(2)        Areas where tree removal or maintenance activities are prohibited by State or federal law, including endangered species habitats, riparian buffers, and wetlands.

SECTION 1D.8.(c)  This section expires March 1, 2025.

RIGHT TO CONNECT TEMPORARY HOUSING TO WASTEWATER TREATMENT SYSTEM

SECTION 1D.9.(a)  No local health department shall deny a homeowner in the affected area the right to connect temporary housing to an existing subsurface wastewater treatment and dispersal system, provided that the homeowner signs an affidavit developed by the Department of Health and Human Services authorizing the use of the wastewater system with temporary housing for up to 12 months or until permanent housing is established, whichever occurs first. Any homeowner that executes an affidavit pursuant to this section, or any individual who visits, lives in, or resides at the property subject to the affidavit, shall have no cause of action of any kind in any forum of this State against the Department, its employees, agents, or contractors arising from or related to the homeowner's decision to connect to an existing subsurface wastewater treatment and dispersal system.

SECTION 1D.9.(b)  This section expires June 1, 2025.

MODIFY DEQ WATER INFRASTRUCTURE BRIDGE LOAN PROGRAM

SECTION 1D.10.  Section 4C.7 of S.L. 2024‑53 reads as rewritten:

SECTION 4C.7.(a)  Allocation. – Of the funds appropriated from the Helene Fund to the Department of Environmental Quality by Section 2.1(a) of this act, the sum of one hundred million dollars ($100,000,000) in nonrecurring funds shall be used by the Department of Environmental Quality, Division of Water Infrastructure, for purposes consistent with the loan program established by this section. section and cognizant of the emergency relief related objectives underlying G.S. 159G‑33(a)(4) and G.S. 159G‑34(a)(4). Funds allocated by this section that have not been expended or encumbered by October 31, 2028, shall revert to the Savings Reserve established in G.S. 143C‑4‑2. Repayments of all loans made under the program shall be remitted by the Division of Water Infrastructure to the Office of State Budget and Management to be placed into the Savings Reserve.

SECTION 4C.7.(b)  Definitions. – The following definitions apply in this section:

(1)        Department. – The Department of Environmental Quality.

(2)        Division. – Division of Water Infrastructure.

(3)        Emergency repairs. – Repairs, including temporary measures that allow the preservation or restoration of drinking water and wastewater services, performed by or on behalf of a local government unit provider, on public water or wastewater systems that are intended to restore those systems to operational capacity following damage incurred by Hurricane Helene.

(4)        Federal or State disaster relief. – Grant or loan funding provided by a federal or State agency to a local government unit provider for water or wastewater utility repairs or improvements, including emergency repairs, precipitated by Hurricane Helene.

(5)        Local government unit. – Defined in G.S. 159G‑20.

(5a)      Nonprofit water corporation. – Defined in G.S. 159G‑20.

(5b)      Operational capacity. – The general operative condition of a public water or wastewater system prior to damages incurred by Hurricane Helene, up to the permitted capacity for treatment plants and design flow for distribution and collection lines, with only necessary modifications to ensure that the restored system is functional and resilient against future flood events.

(6)        Program. – The loan program established by this section.

(6a)      Provider. – A local government unit or nonprofit water corporation, as those terms are defined in this section.

(7)        Public water system. – Defined in G.S. 130A‑313.

(8)        Wastewater system. – Defined in G.S. 159G‑20.

SECTION 4C.7.(c)  Purpose. – The purpose of this section is to establish a program that enables the Division to rapidly distribute emergency financial assistance, in the form of bridge loans, to local government units providers located in the affected area and thereby supply those units providers with the short‑term financial liquidity necessary to immediately conduct emergency repairs in the affected area, pending federal or State disaster relief.

SECTION 4C.7.(d)  Administration. – The Division shall be responsible for administering loans from the program.

SECTION 4C.7.(e)  Eligibility; Use. – A local government unit provider is eligible to apply for a loan under the program. Loans from the program may only be used by local government units providers for (i) temporary financial liquidity as necessary to immediately conduct emergency repairs until receipt of federal or State disaster relief and (ii) any other purpose specifically provided by an act of the General Assembly.

SECTION 4C.7.(f)  Limitations. – The following limitations apply to the program:Limitation. – The

(1)        The amount of a loan from the program may not exceed the amount necessary to restore a public water or wastewater system to operational capacity.

(2)        A loan from the program is available only to the extent that other funding sources for emergency repairs are not reasonably available to the local government unit.

SECTION 4C.7.(g)  Application. – An application for a loan from the program must be filed with, submitted on a form prescribed by, and contain the information required by, the Division. An applicant must submit any additional information requested by the Division to enable the Division to make a determination on the application.

SECTION 4C.7.(h)  Review. – The Division must review all applications filed for a loan under this section on a rolling basis and shall prioritize those applications that the Division determines demonstrate the most immediate need. The Division's determination of need is conclusive.

SECTION 4C.7.(i)  Award. – When the Division determines that an applicant is eligible for an award of a loan, the Division must send the applicant a letter of intent to award the loan. The letter of intent must set out any conditions the applicant must meet to receive the award. When the applicant satisfies the conditions set out in the letter of intent, the Division must send the applicant an offer to award the loan. The applicant must give the Division written notice of whether it accepts or rejects the offer. A loan is considered awarded when an offer to award the loan is issued.

SECTION 4C.7.(j)  Terms. – A loan from the program is subject to all of the following:

(1)        Interest rate. – The loan does not bear interest.

(2)        Maturity. – The loan matures upon the earlier of (i) receipt of federal or State disaster relief by the local government unit provider or (ii) June 30, 2030.

SECTION 4C.7.(k)  Report. – The Division shall provide a an initial report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division no later than April 1, 2025, and 2025. The Division shall provide a report annually thereafter until all funds have been allocated, at which time the Division shall report annually until all allocated funds have been repaid or otherwise accounted for by the Division. The annual report required by this subsection shall be included in the report published by the Department on November 1 of each year, as required by G.S. 159G‑26. The report required by this subsection shall contain, at a minimum, the following information concerning loans made under the program:

(1)        The total amount of loans awarded from the program.

(2)        The recipient of each loan awarded, and the total amount awarded to each recipient.

(3)        The total amount of loan funding that has been repaid.

SECTION 4C.7.(l)  Rulemaking Exemption. – The Department shall may adopt emergency rules to implement the provisions of this section. Temporary and permanent rules adopted to replace emergency rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes.

subpart I‑E. justice and public safety

extend certain concealed handgun permits

SECTION 1E.1.  Any concealed handgun permit issued pursuant to Article 54B of Chapter 14 of the General Statutes to a resident of the affected area with an expiration date on or after September 25, 2024, but no later than December 31, 2024, shall remain valid until March 1, 2025.

subpart I‑F. General government

MODIFY CASHFLOW LOAN PROGRAM

SECTION 1F.1.  Section 4E.5 of S.L. 2024‑53 reads as rewritten:

SECTION 4E.5.(a)  Of the funds appropriated to the Department of State Treasurer (Department) from the Helene Fund, the sum of one hundred million dollars ($100,000,000) shall be used by the Local Government Commission Department to provide cashflow loans to local governments in the affected area. The following shall apply to the loans made under this section:

(1)        The Local Government Commission Department is authorized to administer the loan program and to develop an application process for the loans.

(1a)      Notwithstanding any other provision of law, in applying for a cashflow loan under this section, local governments are not required to get approval from the Local Government Commission.

(2)        Loans shall be used for disaster response activities only.

(3)        Loan recipients will not be assessed any interest on the loans.

(4)        Repayment of each loan made under this section begins one year after that loan's initiation.

(5)        Loans must be repaid within five years of initiation or by June 30, 2030, whichever is earlier.

…

SECTION 4E.5.(c)  The Department of State Treasurer and the Local Government Commission shall be exempt from the rulemaking requirements in administering this section.

OFFICE OF RECOVERY AND RESILIENCY FUNDS, AUDIT, FINANCIAL MONITORING, AND SUBRECIPIENT AGREEMENTS

SECTION 1F.2.(a)  Transfer, Appropriation. – The State Controller shall transfer the sum of fifty million dollars ($50,000,000) from the SERDRF to the OSBM Disaster Relief Reserve (Budget Code 23009) for allocation to the Office of Recovery and Resiliency (Office) to support homeowner recovery projects under the Rebuild NC program for the 2024‑2025 fiscal year. Funds are hereby appropriated for this purpose.

SECTION 1F.2.(b)  Audit. – The State Auditor shall conduct a financial and performance audit of the Office no later than July 1, 2025. The State Auditor shall conduct additional periodic financial and performance audits of the Office and additional financial and performance audits as requested by the Director of the Budget and the General Assembly. The audits shall include, at a minimum, all areas of examination as prescribed by G.S. 147‑64.6.

SECTION 1F.2.(c)  OSBM Monitoring. – OSBM shall perform ongoing financial monitoring of the Office for the duration of the Office's operations, including funding for previous, current, and future storm recovery programs. OSBM shall oversee and track the Office's budget, expenditures, and obligations through OSBM's Office of Internal Audit or appropriate combination of OSBM staff.

SECTION 1F.2.(d)  Reporting. – In addition to the requirements of G.S. 147‑64.5(a), the State Auditor shall furnish copies of any and all audits performed under this section to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division within 30 days of the completion of each audit. OSBM shall submit a quarterly report on the ongoing financial monitoring of the Office to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division in each quarter that the Office is expending State or federal funds for storm recovery efforts.

SECTION 1F.2.(e)  Subrecipient Agreements. – By December 31, 2024, the Office shall enter into and sign the Subrecipient Agreements and proceed with the associated projects obligated in Round 3 of the Affordable Housing Development Fund program to (i) the Lumbee Tribe of North Carolina, (ii) Pamlico County, (iii) Scotland County, (iv) the Town of Maysville, and (v) the Town of Beulaville.

Delay 2024 North CaroLina State Building Code Effective date

SECTION 1F.3.(a)  Definitions. – For purposes of this section, 2024 North Carolina State Building Code means the North Carolina State Building Code collection, and amendments to the Code, as adopted by the Council, effective January 1, 2025. As used in this section, Council means the Building Code Council. On or after January 1, 2025, Council means the Building Code Council and Residential Code Council.

SECTION 1F.3.(b)  Effective Date Delay. – Notwithstanding G.S. 143‑138(d), Section 2 of S.L. 2013‑118, or any rule to the contrary, the 2024 North Carolina State Building Code shall become effective July 1, 2025. Nothing in this section should be construed to abrogate the duties of the Council during this delay, including finalizing its publication, providing technical assistance, and educating the public regarding changes to the North Carolina State Building Code.

SECTION 1F.3.(c)  Expiration. – This section expires July 1, 2025.

Authorize The Office of the State Fire Marshal to Promulgate Rules For Temporary Manufactured and Modular Dwellings

SECTION 1F.4.(a)  Notwithstanding G.S. 143‑139.1, G.S. 160D‑911, or any other law to the contrary, the Office of the State Fire Marshal may adopt rules, and prepare guidance for local governments enforcing the North Carolina State Building Code and the State of North Carolina Regulations for Manufactured Homes, that relate to the placement, construction, installation, and connection of temporary manufactured and modular dwellings. Approval of temporary manufactured and modular dwellings shall be evidenced by labels or seals acceptable to the Office of the State Fire Marshal. All temporary manufactured and modular dwellings bearing labels or seals shall be deemed to meet the requirements of the North Carolina State Building Code, except as may be required for the enforcement of the Code relative to utility service connections to temporary manufactured and modular dwellings and enforcement of local ordinances governing zoning, utility service connections, and foundation permits. The Office of the State Fire Marshal may also adopt rules to ensure that any person that places, constructs, installs, and connects a temporary manufactured and modular dwelling meets the manufacturer's installation instructions and applicable provisions of the North Carolina State Building Code and the State of North Carolina Regulations for Manufactured Homes. For the purposes of this section, a temporary manufactured and modular dwelling is a manufactured housing unit that is designed for utilization as a temporary dwelling in the affected area.

SECTION 1F.4.(b)  Rulemaking. – The Office of the State Fire Marshal shall adopt emergency rules to implement the provisions of this section.

SECTION 1F.4.(c)  Expiration. – This section expires on March 1, 2025.

subpart i‑G. statewide

DACS CAPITAL PROJECT ACCOUNTS CONSOLIDATION

SECTION 1G.1.  Notwithstanding any provision of law to the contrary, the Department of Agriculture and Consumer Services may consolidate old capital project accounts into a single fund totaling no more than two hundred ten thousand dollars ($210,000) to be used for facility repairs located in the affected area and the funds are hereby appropriated for that purpose.

Subpart I‑h. transportation

SUSPENSION OF TRANSFER OF FUNDS TO TRANSPORTATION EMERGENCY RESERVE

SECTION 1H.1.  Of the funds appropriated to the Department of Transportation, the sum of one hundred twenty‑five million dollars ($125,000,000) from the Transportation Emergency Reserve shall be used for repair and reconstruction of transportation infrastructure in the affected area. Notwithstanding G.S. 136‑44.2E(b), in the discretion of the Secretary of Transportation, the required transfer of funds from the Highway Fund to the Transportation Reserve may be delayed or suspended until July 30, 2027. No other provision of G.S. 136‑44.2E is affected by this section.

part II. Budget and various technical corrections

subpart ii‑A. Education

funds for legal and administrative services for the north carolina school for the deaf

SECTION 2A.1.  There is appropriated from the General Fund to the Department of Public Instruction the sum of one hundred twenty thousand dollars ($120,000) in recurring funds for the 2024‑2025 fiscal year to be allocated to the North Carolina School for the Deaf for legal and administrative services.

UNC PERFORMANCE FUNDING

SECTION 2A.2.  There is appropriated from the General Fund to the Board of Governors of The University of North Carolina for the 2024‑2025 fiscal year the sum of thirteen million sixty‑eight thousand two hundred sixty‑seven dollars ($13,068,267) in nonrecurring funds to adjust funds provided to constituent institutions, as determined by the enrollment funding model for performance outcomes related to student success, affordability, and productivity.

UNC STUDENT CREDIT HOUR ENROLLMENT CHANGES

SECTION 2A.3.  There is appropriated from the General Fund to the Board of Governors of The University of North Carolina for the 2024‑2025 fiscal year the sum of five hundred seventy‑four thousand five hundred seventy‑eight dollars ($574,578) in recurring funds to adjust funds provided to constituent institutions, as determined by the enrollment funding model for changes in resident student credit hours.

UNC ENROLLMENT LOSS MITIGATION

SECTION 2A.4.  There is appropriated from the General Fund to the Board of Governors of The University of North Carolina for the 2024‑2025 fiscal year the sum of seven million eight hundred thirty‑seven thousand six hundred forty‑six dollars ($7,837,646) in nonrecurring funds to be allocated to offset enrollment‑related funding losses experienced by certain constituent institutions of The University of North Carolina, as follows:

Allocation                               Constituent Institution

$1,364,971                              East Carolina University

$1,500,000                              University of North Carolina at Asheville

$19,687                                   University of North Carolina at Greensboro

$3,701,653                              University of North Carolina at Pembroke

$1,251,335                              Winston‑Salem State University

UNC BUILDING RESERVES

SECTION 2A.5.(a)  Notwithstanding any provision of law or the Committee Report described in Section 43.2 of S.L. 2023‑134 to the contrary, the sum of two million seven hundred eighty‑six thousand six hundred seventy‑three dollars ($2,786,673) in recurring funds for the 2024‑2025 fiscal year and the sum of four hundred seventy thousand four hundred four dollars ($470,404) in nonrecurring funds for the 2024‑2025 fiscal year for the Future Building Reserves are reduced.

SECTION 2A.5.(b)  There is appropriated from the General Fund to the Board of Governors of The University of North Carolina for the 2024‑2025 fiscal year the sum of two million seven hundred eighty‑six thousand six hundred seventy‑three dollars ($2,786,673) in recurring funds and the sum of four hundred seventy thousand four hundred four dollars ($470,404) in nonrecurring funds to operate and maintain Randall Library at the University of North Carolina at Wilmington and Joiner Hall and other buildings at the North Carolina School of Science and Mathematics Morganton campus.

PERMIT CHAIR OF BOARD OF GOVERNORS TO DESIGNATE A MEMBER OF BOARD OF DIRECTORS FOR PROJECT KITTY HAWK

SECTION 2A.6.  Section 8.24(c) of S.L. 2021‑180 reads as rewritten:

SECTION 8.24.(c)  Project Kitty Hawk shall be conducted by a nonprofit corporation created in accordance with this section and G.S. 116‑30.20. The nonprofit corporation shall include in its corporate bylaws that the organization will be governed by a board of directors consisting of nine members, as follows:

(1)        Two ex officio voting members as follows:

a.         The President of The University of North Carolina.

b.         The Chair of the Board of Governors of The University of North Carolina.Carolina, or the Chair's designee.

(2)        Seven voting members appointed by the Board of Governors, in consultation with the President of The University of North Carolina, as follows:

a.         Three members who shall be chancellors or chief academic officers of constituent institutions of The University of North Carolina.

b.         Four members who shall be individuals having experience in business management, higher education, or both.

CAMPUS LAW ENFORCEMENT TEACHING HOSPITAL CLARIFICATION

SECTION 2A.7.  G.S. 116‑40.5 reads as rewritten:

§ 116‑40.5.  Campus law enforcement agencies.

(a)        The Board of Trustees of any constituent institution of The University of North Carolina, the governing board of any teaching hospital affiliated with but not part of any constituent institution of The University of North Carolina, the Board of Directors of the University of North Carolina Health Care System, or the Board of Directors of the North Carolina Arboretum, may establish a campus law enforcement agency and employ campus police officers. Such officers shall meet the requirements of Article 1 of Chapter 17C of the General Statutes, shall take the oath of office prescribed by Article VI, Section 7 of the Constitution, and shall have all the powers of law enforcement officers generally. The territorial jurisdiction of a campus police officer shall include all property owned, leased to, managed, or controlled by the institution employing the campus police officer and that portion of any public road or highway passing through such property or immediately adjoining it, wherever located.

(a1)      The Any teaching hospital or the Board of Directors of the University of North Carolina Health Care System, having established a campus law enforcement agency pursuant to subsection (a) of this section, may assign its campus police officers to any other facility within the System's its healthcare system's network. Campus police officers assigned to any other facility within the System's its healthcare system's network pursuant to this subsection shall have the same authority and jurisdiction exclusively upon the premises of the assigned facility, but not upon any portion of any public road or highway passing through the property of the facility or immediately adjoining it, as a campus police officer assigned under subsection (a) of this section.

(b)        The Board of Trustees of any constituent institution of The University of North Carolina, the governing board of any teaching hospital affiliated with but not part of any constituent institution of The University of North Carolina, the Board of Directors of the University of North Carolina Health Care System, or the Board of Directors of the North Carolina Arboretum, having established a campus law enforcement agency pursuant to subsection (a) of this section, may enter into joint agreements with the governing board of any municipality to extend the law enforcement authority of campus police officers into any or all of the municipality's jurisdiction and to determine the circumstances in which this extension of authority may be granted.

(c)        The Board of Trustees of any constituent institution of The University of North Carolina, the governing board of any teaching hospital affiliated with but not part of any constituent institution of The University of North Carolina, the Board of Directors of the University of North Carolina Health Care System, or the Board of Directors of the North Carolina Arboretum, having established a campus law enforcement agency pursuant to subsection (a) of this section, may enter into joint agreements with the governing board of any county, and with the consent of the sheriff, to extend the law enforcement authority of campus police officers into any or all of the county's jurisdiction and to determine the circumstances in which this extension of authority may be granted.

(d)       The Board of Trustees of any constituent institution of The University of North Carolina, the Board of Directors of the University of North Carolina Health Care System, or the Board of Directors of the North Carolina Arboretum, having established a campus law enforcement agency pursuant to subsection (a) of this section, may enter into joint agreements with the governing board of any other constituent institution of The University of North Carolina to extend the law enforcement authority of its campus police officers into any or all of the other institution's jurisdiction and to determine the circumstances in which this extension of authority may be granted.

NORTH CAROLINA COLLABORATORY TO ESTABLISH AND OPERATE THE OFFICE OF LEARNING RESEARCH

SECTION 2A.8.(a)  OLR Established. – There is appropriated from the General Fund to the Board of Governors of The University of North Carolina the sum of one million five hundred thousand dollars ($1,500,000) in recurring funds for the 2024‑2025 fiscal year to be allocated to the North Carolina Collaboratory to establish and operate the Office of Learning Research (OLR), beginning in the 2024‑2025 fiscal year. The purpose of OLR is to identify and evaluate the efficacy and efficiency of programs, activities, initiatives, procedures, and any other factors related to elementary and secondary education in the State.

SECTION 2A.8.(b)  Funding and Duties of OLR. – Funding allocated to the Collaboratory for OLR shall be administered by the Collaboratory pursuant to the provisions of G.S. 116‑255(c). These funds shall be used to do at least the following:

(1)        Provide information and support needed by elementary and secondary public schools, university leaders, and elected officials to make evidence‑based decisions.

(2)        Collaborate with constituent institutions of The University of North Carolina and other stakeholders to implement innovative policies and programs to accelerate learning for all students.

(3)        Work with external research resources and partners to evaluate local, State, and federal programs in order to establish metrics and assess return on investment.

(4)        Support the operations of OLR.

SECTION 2A.8.(c)  Collaboratory May Relocate OLR. – After the Collaboratory establishes OLR, the Collaboratory may, in consultation with The University of North Carolina System Office and the Provost at the University of North Carolina at Chapel Hill, relocate OLR within the University of North Carolina at Chapel Hill. If the Collaboratory relocates OLR pursuant to this section, the Collaboratory shall do the following:

(1)        Continue to administer funds appropriated in this act for OLR for the operations of OLR, as described in subsection (b) of this section.

(2)        Continue to determine, fund, manage, and oversee the research portfolio of OLR. The entity to which OLR is relocated shall otherwise oversee the operations of OLR.

(3)        Within 60 days of the relocation, report to the Joint Legislative Education Oversight Committee on where OLR was relocated and any other information the Collaboratory deems relevant to the relocation.

SECTION 2A.8.(d)  Access to Information. – All units of State and local government, including the State Board of Education, the Department of Public Instruction, and public school units, shall provide reasonable access to records, data, processes, personnel, and any other information deemed relevant by the Office or the Collaboratory, to the extent otherwise permitted under State and federal law, to carry out the provisions of this section.

SECTION 2A.8.(e)  Report. – No later than July 1, 2025, the Collaboratory shall report to the Joint Legislative Education Oversight Committee on the progress made in establishing and operating OLR pursuant to this section. For each fiscal year OLR is in operation, the Collaboratory shall include in the annual report required by G.S. 116‑256 information on the activities of OLR from the prior fiscal year.

REVISE STATE EDUCATION ASSISTANCE AUTHORITY BOARD OF DIRECTORS MEMBER REQUIREMENTS

SECTION 2A.9.(a)  G.S. 116‑203(b) reads as rewritten:

(b)      Membership. – The Authority shall be governed by a board of directors consisting of nine members, seven of whom shall be appointed and two of whom shall be ex officio as follows:

(1)        Seven members appointed according to the following:

a.         The Board of Governors of The University of North Carolina shall appoint the following members:

1.         One member who shall have expertise in secondary or higher education.

2.         One member who shall be or have experience as a chief financial officer or chief administrative officer from a nonpublic school that enrolls students receiving scholarship funds pursuant to Part 2A of Article 39 of Chapter 115C of the General Statutes.

3.         One member who shall have expertise in finance.

b.         The Governor shall appoint the following members:

1.         One member who shall have expertise in finance.

2.         One member who shall have expertise in secondary or higher education.

3.         One member who shall be a member of the public at large with an interest in higher education.

4.         One member who shall be a chief financial officer from a college or university that is a member of North Carolina Independent Colleges and Universities, Inc., appointed upon the recommendation of North Carolina Independent Colleges and Universities, Inc.

(2)        The chief financial officer of The University of North Carolina shall serve as an ex officio member.

(3)        The chief financial officer of the North Carolina Community College System shall serve as an ex officio member.

SECTION 2A.9.(b)  Any current member of the board of directors of the State Education Assistance Authority holding a seat pursuant to G.S. 116‑203(b)(1)a.2. may continue to serve the remainder of that member's unexpired term as long as the member meets the qualifications of G.S. 116‑203(b)(1)a.2., as amended by subsection (a) of this section.

SECTION 2A.9.(c)  This section is effective July 1, 2024.

EXTEND CERTAIN OPPORTUNITY SCHOLARSHIP DOMICILE VERIFICATION REQUIREMENTS

SECTION 2A.10.  Section 8A.6(h) of S.L. 2023‑134 reads as rewritten:

SECTION 8A.6.(h)  Notwithstanding G.S. 115C‑562.3(a), as enacted by this act, as part of a student's application for a scholarship grant pursuant to Part 2A of Article 39 of Chapter 115C of the General Statutes for the 2024‑2025 school year, and 2025‑2026 school years, a parent shall certify to the State Education Assistance Authority that the domicile requirements of G.S. 115C‑562.1(3a), as enacted by this act, are met for eligibility purposes in lieu of submitting evidence electronically to the State Education Assistance Authority through a domicile determination system. The State Education Assistance Authority shall select six percent (6%) of the applications for the 2024‑2025 school year and 2025‑2026 school years to verify the domicile requirements are met for the award of a scholarship grant to an eligible student. As evidence of domicile, the State Education Assistance Authority may accept the submission of any of the documents set forth under G.S. 115C‑562.3(a). If a parent fails to cooperate with verification efforts under this section, the State Education Assistance Authority shall revoke the award of the scholarship grant to the eligible student. In addition, if the State Education Assistance Authority determines that the certification of the parent contains falsified information, the parent may be subject to administrative, civil, or criminal penalties. The State Education Assistance Authority shall include a notice of the potential for the imposition of penalties when requesting certification as part of the application process.

Subpart II‑B. health and human services

CONTINUE FUNDING FOR CHILD CARE STABILIZATION GRANTS

SECTION 2B.1.  There is appropriated from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education (Division), the sum of thirty‑three million seven hundred fifty thousand dollars ($33,750,000) in nonrecurring funds for the 2024‑2025 fiscal year to continue the compensation grants portion of the child care stabilization grants. The Division shall continue the compensation grants portion of the child care stabilization grants through the third quarter at the current 2024‑2025 fiscal year level.

SIX‑MONTH EXTENSION FOR FULL IMPLEMENTATION OF CHILD FATALITY PREVENTION SYSTEM CHANGES

SECTION 2B.2.(a)  Section 9H.15(e)(2) of S.L. 2023‑134 reads as rewritten:

(2)      Not later than January 1, 2025, July 1, 2025, the Department shall ensure all of the following:

a.         That the State Office of Child Fatality Prevention is sufficiently staffed and prepared to carry out the powers and duties of the State Office, as described in G.S. 143B‑150.27, to support a restructured Child Fatality Prevention System as set forth in subsections (f) through (i) of this section.

b.         That any contractual agreements and interagency data sharing agreements necessary for participation in the NFR‑CRS, as required in G.S. 7B‑1413.5, have been executed.

SECTION 2B.2.(b)  Section 9H.15(e)(3) of S.L. 2023‑134 reads as rewritten:

(3)      Not later than July 1, 2025, January 1, 2026, the Department shall ensure through its State Office of Child Fatality Prevention that all Local Teams have been provided guidelines and training addressing their participation in the NFR‑CRS, and Local Teams shall begin utilizing the System for case reporting as specified in G.S. 7B‑1413.5.

SECTION 2B.2.(c)  Section 9H.15(h) of S.L. 2023‑134 reads as rewritten:

SECTION 9H.15.(h)  Effective January 1, 2025, July 1, 2025, G.S. 7B‑1404, 7B‑1405, 7B‑1406, 7B‑1408, 7B‑1409, 7B‑1411, and 143B‑150.20 are repealed.

SECTION 2B.2.(d)  Section 9H.15(i) of S.L. 2023‑134, as amended by Section 3.6(a) of S.L. 2024‑1, reads as rewritten:

SECTION 9H.15.(i)  G.S. 7B‑1413.5, as enacted by subsection (f) of this section, becomes effective July 1, 2025. January 1, 2026. The remainder of subsection (f) and subsection (g) of this section become effective January 1, 2025.July 1, 2025.

SECTION 2B.2.(e)  Section 9H.15(k) of S.L. 2023‑134 reads as rewritten:

SECTION 9H.15.(k)  Subsection (j) of this section becomes effective January 1, 2025.July 1, 2025.

FOSTER CARE TRAUMA‑INFORMED ASSESSMENT

SECTION 2B.3.(a)  Section 9J.12(c) of S.L. 2023‑134 reads as rewritten:

SECTION 9J.12.(c)  Plan Development. – In developing the trauma‑informed, standardized assessment, the partnership shall develop a rollout plan with a goal of implementing the trauma‑informed, standardized assessment statewide in all 100 counties. The rollout plan shall include all of the following:

(1)        The development of the trauma‑informed, standardized assessment template by March 31, 2024.

(2)        The finalized trauma‑informed, standardized assessment template by September 30, 2024, August 30, 2025, including the standardized training curriculum, methodology for training, the selection of a vendor to manage and conduct the training and determine the process for the statewide rollout, and coordination with tribal jurisdictions.

(3)        The phased‑in approach of the trauma‑informed, standardized assessment beginning on October 1, 2024, January 30, 2026, and operating statewide by September 30, 2025.December 31, 2026.

….

SECTION 2B.3.(b)  The funds appropriated for trauma‑informed standardized assessments under Section 9J.12(a) of S.L. 2023‑134 shall not revert at the end of the 2023‑2025 fiscal biennium but instead shall remain available to expend for the same purpose until June 30, 2026.

subpart II‑C. agriculture and natural and economic resources

WATER AND SEWER INFRASTRUCTURE CORRECTIONS AND CLARIFICATIONS

SECTION 2C.1.(a)  Three million dollars ($3,000,000) of the funds allocated to the Town of Midland by Section 12.13(f)(39) of S.L. 2021‑180 shall, notwithstanding that subdivision, instead be allocated to the Town of Mount Pleasant for water and wastewater infrastructure projects.

SECTION 2C.1.(b)  Funds allocated to Union County by Section 12.13(f)(63) of S.L. 2021‑180 may, notwithstanding that subdivision, also be used by the county for an expansion of the 12‑Mile Creek water reclamation facility.

SECTION 2C.1.(c)  Section 12.9(e)(87) of S.L. 2022‑74 reads as rewritten:

(87)    Seven million five hundred thousand dollars ($7,500,000) to the Town of Warsaw for wastewater capacity expansion.Warsaw.

SECTION 2C.1.(d)  Funds allocated to the Town of Connelly Springs by Section 12.2(e)(45) of S.L. 2023‑134 shall, notwithstanding that subdivision, instead be allocated to Burke County for any water or wastewater project.

SECTION 2C.1.(e)  Section 4.2(j) of S.L. 2024‑1 reads as rewritten:

SECTION 4.2.(j)  Funds provided to Rockingham County and to the Town of Stoneville by Section 12.2(e) of S.L. 2023‑134 shall, notwithstanding any provision of law to the contrary, be transferred to the Office of State Budget and Management to provide grants to those local governments for the following water and wastewater projects:

…

(2)        Twenty-three million five hundred fifty thousand dollars ($23,550,000) Forty‑four million five hundred fifty thousand dollars ($44,550,000) to Rockingham County for water and wastewater projects.

(3)        Twenty-one million dollars ($21,000,000) to Rockingham County for the extension of water services from Reidsville toward the unincorporated community of Ruffin.

….

SECTION 2C.1.(f)  Funds allocated to the City of Saluda and the Towns of Columbus and Tryon (the recipients) by Section 4.2(h) of S.L. 2024‑1, as amended by Section 3 of S.L. 2024‑38, shall, notwithstanding any provision of those acts to the contrary, be used by the recipients for either of the following purposes, apportioned among those purposes as the recipients may specify:

(1)        The repayment of debt incurred by any of the recipients for the construction of a water or wastewater project.

(2)        Any water or wastewater infrastructure project.

INCREASE ADMINISTRATIVE CAP FOR THE TOBACCO TRUST FUND

SECTION 2C.2.  G.S. 143‑717(i) reads as rewritten:

(i)       Limit on Operating and Administrative Expenses. – All administrative expenses of the Commission shall be paid from the Fund. No more than three hundred seventy‑five thousand dollars ($375,000) four hundred eighty‑five thousand dollars ($485,000) may be used each fiscal year for administrative and operating expenses of the Commission and its staff, provided that the Commission may annually adjust the administrative expense cap imposed by this subsection, so long as that any cap increase does not exceed the amount necessary to provide for statewide salary and benefit adjustments enacted by the General Assembly.

DELAY EFFECTIVE DATE OF ENTERTAINMENT EVENT TICKET SALE/RESALE TRANSPARENCY

SECTION 2C.3.  Section 24(b) of S.L. 2024‑45 reads as rewritten:

SECTION 24.(b)  This section becomes effective January 1, 2025, April 1, 2025, and applies to tickets listed for sale or resale on or after that date.

EXPEDITE EFFECTIVE DATES FOR CAMA PROVISIONS REQUIRING NOAA APPROVAL

SECTION 2C.4.(a)  Section 4C.11(d) of S.L. 2024‑53 reads as rewritten:

SECTION 4C.11.(d)  Subsection (b) of this section becomes effective on the later of the following dates and applies to applications for permits pending or filed on or after that date:

(1)        January 1, 2025.

(2)        The first day of the month following the date the Secretary of the Department of Environmental Quality certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration has approved the change made to G.S. 113A‑118, as enacted by subsection (b) of this section, as required by subsection (c) of this section. The Secretary shall provide this notice along with the effective date of this act on its website.This section is effective when it becomes law.

SECTION 2C.4.(b)  Section 4C.12(d) of S.L. 2024‑53 reads as rewritten:

SECTION 4C.12.(d)  Subsection (b) of this section becomes effective on the later of the following dates and applies to applications for permits pending or filed on or after that date:

(1)        January 1, 2025.

(2)        The first day of the month following the date that the Secretary of the Department of Environmental Quality certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration has approved the change made to G.S. 113A‑115.1, as enacted by subsection (b) of this section, as required by subsection (c) of this section. The Secretary shall provide this notice along with the effective date of this act on its website.This section is effective when it becomes law.

SECTION 2C.4.(c)  This section is retroactively effective October 25, 2024.

REPURPOSE CERTAIN FUNDS FROM COLUMBUS COUNTY TO TOWN OF LAKE WACCAMAW

SECTION 2C.5.  Notwithstanding any provision of S.L. 2021‑180, of the Committee Report referenced in Section 43.2 of that act, and of S.L. 2022‑6 to the contrary, funds reallocated from the Town of Lake Waccamaw to Columbus County for pedestrian and bike trails by Section 18.1 of S.L. 2022‑6 shall instead be provided to the Town of Lake Waccamaw for dam construction and associated activities.

subpart II‑d. Justice and public safety

MODIFY STATUTE SHIELDING INDIVIDUALS FROM PROSECUTION RELATED TO CERTAIN LOCAL ORDINANCES

SECTION 2D.1.(a)  G.S. 14‑4(c) reads as rewritten:

(c)      A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to subsection (a) of this section if, when tried for that violation, the person produces proof of compliance with the local ordinance through any of the following:

(1)        No new alleged violations of the local ordinance within 30 days 12 months from the date of the initial alleged violation.

(2)        The person provides documented proof of a good‑faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance.

SECTION 2D.1.(b)  This section becomes effective January 1, 2025, and applies to offenses committed on or after that date.

FUNDING TO MAKE TIME‑LIMITED ECOURTS TECHNOLOGY POSITIONS INTO PERMANENT POSITIONS

SECTION 2D.2.(a)  Notwithstanding any law to the contrary, the funds appropriated to the Administrative Office of the Courts for the 2024‑2025 fiscal year in Section 2.2(d) of S.L. 2023‑134 shall be reduced by two million five hundred thousand dollars ($2,500,000). Funds reduced pursuant to this subsection shall revert to the Information Technology Reserve established in Section 2.2(h) of S.L. 2021‑180 and shall remain unspent until appropriated by an act of the General Assembly.

SECTION 2D.2.(b)  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of two million five hundred thousand dollars ($2,500,000) in recurring funds for the 2024‑2025 fiscal year to be used to convert time‑limited eCourts technology positions into permanent positions.

FUNDING FOR TIMELY PAYMENTS TO PRIVATE ASSIGNED COUNSEL REPRESENTING INDIGENT DEFENDANTS

SECTION 2D.3.  There is appropriated from the General Fund to the Administrative Office of the Courts, Office of Indigent Defense Services, Budget Code 12001, Budget Fund 100151, the sum of eight million two hundred thousand dollars ($8,200,000) in nonrecurring funds for the 2024‑2025 fiscal year to be used to provide timely payments to private assigned counsel representing indigent defendants.

CREATE TWO SPECIAL SUPERIOR COURT JUDGE POSITIONS

SECTION 2D.4.(a)  G.S. 7A‑45.1 is amended by adding a new subsection to read:

(a13)  In addition to any other special superior court judges authorized by law, effective January 1, 2025, the General Assembly may appoint by enactment of a bill two special superior court judges to serve terms expiring at the earlier of (i) eight years from the date that each judge takes office or (ii) the date of the judge's death, retirement, resignation, or removal from office. A bill appointing a special superior court judge under this subsection shall state the name of the person being appointed, the office to which the appointment is being made, and the judicial division of residence of the appointee. One of the judges shall be nominated by the Speaker of the House of Representatives and one shall be nominated by the President Pro Tempore of the Senate.

Upon the natural expiration of the term of a special superior court judge appointed pursuant to this subsection, or upon the expiration of a term due to a judge's death, retirement, resignation, or removal from office, a successor shall be appointed to a new term in the same manner and for the same length as other judges appointed pursuant to this subsection. The legislative officer who nominated the special superior court judge whose term has ended shall nominate the new special superior court judge.

A special superior court judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district.

SECTION 2D.4.(b)  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of two hundred eighty‑seven thousand eight hundred forty‑six dollars ($287,846) in recurring funds and fourteen thousand four hundred fifty‑two dollars ($14,452) in nonrecurring funds for the 2024‑2025 fiscal year to be used to hire two full‑time special superior court judge positions pursuant to the judgeships created by subsection (a) of this section.

REPEAL VARIOUS SUPERIOR COURT DISTRICTS

SECTION 2D.5.(a)  G.S. 7A‑41 reads as rewritten:

§ 7A‑41.  Superior court divisions and districts; judges.

(a)        The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

                             Superior                            

Judicial                   Court                                                                   No. of Resident

Division                District                              Counties                            Judges

…

Third                        10E                                 (part of Wake,                        1

                        see subsection (b))                 

…

Fourth                      31D                                 (part of Forsyth,                     1

                        see subsection (b))                 

…

(b)        For superior court districts of less than a whole county, or with part of one county with part of another, the composition of the district and the number of judges is as follows:

…

(10)      Superior Court District 10E consists of Wake County Precincts: VTD: 01‑28, VTD: 01‑42, VTD: 01‑44, VTD: 01‑47, VTD: 09‑01, VTD: 09‑02, VTD: 09‑03, VTD: 10‑01, VTD: 10‑02, VTD: 10‑03, VTD: 10‑04, VTD: 13‑01: Block(s) 1830541041000, 1830541041001, 1830541041002, 1830541041003, 1830541041004, 1830541041005, 1830541041006, 1830541041007, 1830541041008, 1830541041009, 1830541041010, 1830541041011, 1830541041012, 1830541041013, 1830541041014, 1830541041015, 1830541041016, 1830541041017, 1830541041018, 1830541041019, 1830541041020, 1830541041021, 1830541042028; VTD: 13‑02, VTD: 13‑06, VTD: 13‑08, VTD: 13‑09, VTD: 15‑01, VTD: 15‑03, VTD: 15‑04, VTD: 16‑01, VTD: 16‑04, VTD: 16‑05, VTD: 16‑07, VTD: 16‑09, VTD: 17‑01, VTD: 17‑02, VTD: 17‑03, VTD: 17‑04, VTD: 17‑05, VTD: 19‑16, VTD: 19‑17. It has one judge.

…

(25)      District 31D: Forsyth County: VTD: 081, VTD: 082, VTD: 083, VTD: 201, VTD: 203, VTD: 204, VTD: 205, VTD: 206, VTD: 207, VTD: 301, VTD: 302, VTD: 303, VTD: 304, VTD: 305, VTD: 306, VTD: 401, VTD: 402, VTD: 403, VTD: 404, VTD: 405. It has one judge.

….

SECTION 2D.5.(b)  In a future act of the General Assembly, the voters assigned to superior court districts repealed by this section will be reassigned to other superior court districts located within the same county, respectively, of the repealed districts.

SECTION 2D.5.(c)  Subsection (a) of this section becomes effective January 1, 2029, and elections conducted in 2028 shall be held accordingly.

Subpart II‑E. General government

OSBM GRANT CHANGES

SECTION 2E.1.(a)  Section 6.1(a) of S.L. 2024‑1 reads as rewritten:

SECTION 6.1.(a)  Notwithstanding any provision of S.L. 2023‑134 or the Committee Report referenced in Section 43.2 of that act to the contrary, the following directed grants to be allocated by the Office of State Budget and Management – Special Appropriations for the 2023‑2024 fiscal year are amended as follows:

…

(38)      The directed grant to the Town of Yanceyville in the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the fire department to construct a substation at the municipal airport shall instead be used for general water and sewer needs.

(39)      The directed grant to the Town of Waxhaw in the sum of one hundred fifty thousand dollars ($150,000) in nonrecurring funds for crosswalk construction and related equipment needs for Cuthbertson High and Middle Schools may also be used for sidewalk construction on Kensington Drive between the new town hall and Kensington Elementary School.

(40)      The directed grant to Place of Refuge of Gaston County, Inc., in the sum of one hundred thousand dollars ($100,000) in nonrecurring funds shall instead be provided to the Gaston County Sheriff's Office.

(41)      The directed grant to the North American Mission Board of the Southern Baptist Convention, Inc., in the sum of fifty thousand dollars ($50,000) in nonrecurring funds shall instead be provided to The Oar Foundation, Inc.

(42)      The budgeted receipts from the ARPA Temporary Savings Fund to provide funds to the Lincoln Community Health Center, Incorporated, in the sum of five hundred thousand dollars ($500,000) in nonrecurring funds to be used for operational needs, including staff.

(43)      The directed grant to The Salvation Army in the sum of fifty thousand dollars ($50,000) in nonrecurring funds shall be provided to the location in Winston‑Salem.

(44)      Funding provided to Fayetteville State University in the sum of two million five hundred thousand dollars ($2,500,000) in nonrecurring funds for a risk management school shall not revert on December 31, 2024, but shall remain available until June 30, 2026.

(45)      The directed grant to Life Choices Rowan in the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2023‑2024 fiscal year for medical equipment and products for clients may also be used for renovation.

(46)      The directed grant to the Town of Red Springs in the sum of two million dollars ($2,000,000) in nonrecurring funds to support the Emerging Technology Institute shall instead be provided to the Emerging Technologies Institute.

(47)      The directed grant to The Arc/Alamance County, Inc., in the sum of twenty‑thousand dollars ($20,000) in nonrecurring funds for playground equipment shall instead be provided to the City of Burlington.

SECTION 2E.1.(b)  Section 24.7 of S.L. 2023‑134 reads as rewritten:

SECTION 24.7.  Of the funds appropriated in this act to the Office of State Budget and Management, Special Appropriations, from the Regional Economic Development Reserve (Reserve), the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2023‑2024 fiscal year shall be used to provide a directed grant to Person County Person‑Caswell Lake Authority for the treatment and removal of native and noxious aquatic weeds in Hyco Lake, including Brittle Naiad, Creeping Water Primrose, Nitella, Hydrilla, Alligator Weed, Watermilfoil, Salvinia, and Chara. Any unexpended funds in the Reserve after the effective treatment of native and noxious aquatic weeds in Hyco Lake may be used for other surface bodies in Person County, including Mayo Lake. Funds appropriated for the purposes authorized in this section shall not revert to the Reserve on June 30, 2024, but shall remain available to Person County to use as provided in this section. For purposes of this section, native and noxious aquatic weeds in Hyco Lake, including Brittle Naiad, Creeping Water Primrose, Nitella, Hydrilla, Alligator Weed, Watermilfoil, Salvinia, and Chara shall be considered a noxious aquatic weed under Article 15 of Chapter 113A of the General Statutes.

APPROPRIATION FOR RRC LITIGATION EXPENSES

SECTION 2E.2  There is appropriated from the General Fund to the Office of Administrative Hearings the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2024‑2025 fiscal year to offset litigation expenses incurred by the Rules Review Commission, created by G.S. 143B‑30.1, in the Commission's retention of private counsel.

burke county business park site development

SECTION 2E.3.(a)  Appropriation. – Notwithstanding any provision of S.L. 2023‑134 or the Committee Report referenced in Section 43.2 of that act to the contrary, of the twenty‑three million five hundred twenty thousand dollars ($23,520,000) in nonrecurring funds for the 2023‑2024 fiscal year appropriated to the Office of State Budget and Management – Special Appropriations to provide a directed grant to Burke Partnership for Economic Development, Inc. (Burke Partnership), a nonprofit corporation, for acquisition and capital costs associated with constructing a megasite in western North Carolina, the sum of twenty million dollars ($20,000,000) shall not be used for that purpose but shall instead be used for purposes consistent with this section.

SECTION 2E.3.(b)  Purpose. – The purpose of this section is to establish a framework whereby the State may provide funding to Burke Partnership, who shall, in consultation with the Department of Commerce (Commerce), use that funding for site development and pre‑construction and construction activities at the Burke Business Park located in Burke County. All funds provided to Burke Partnership under this section shall be recouped by Burke Partnership, in their entirety, in accordance with the provisions of this section.

SECTION 2E.3.(c)  Contract Required. – As a necessary precondition to using funds for construction activities as provided by this section, Burke Partnership shall execute a project design and management agreement with Burke County Government and a contract with the Department that, at a minimum, provides for (i) acceptable uses of funds, which shall only include site development and pre‑construction and construction activities at the Burke Business Park, (ii) fund recoupment requirements, in accordance with subsection (d) of this section, (iii) Burke Partnership's liability in the event of any fund recoupment deficiencies, (iv) acceptable contract termination provisions in the event Burke Partnership no longer requires funding under this section, and (v) clawback provisions in the event Burke Partnership does not fulfill its responsibilities under this section.

SECTION 2E.3.(d)  Recoupment of Funds/Liability. – Burke Partnership shall recoup all funds used by it under this section within 36 months of the date that the funds are used or otherwise obligated. No funds shall be used or obligated by Burke Partnership after December 31, 2027, and all funds shall be recouped upon the occurrence of the earlier of (i) December 31, 2027, or (ii) termination by Burke Partnership of the contract required by section (c) of this section. Proceeds derived from the sale or lease of any buildings created with funds provided by this section shall first be used to recoup State funds provided by this section. Burke Partnership shall maintain financial and accounting records detailing the use of all funds used by it under this section in accordance with generally accepted accounting principles. Burke Partnership shall be liable for any deficiency in the recoupment of funds used or otherwise obligated by it under this section.

SECTION 2E.3.(e)  Reporting. – No later than December 1, 2024, and quarterly thereafter until December 31, 2027, Burke Partnership shall report on the use of funds provided to it under this section to the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Joint Legislative Economic Development and Global Engagement Oversight Committee and to the Fiscal Research Division. In the event a clawback is triggered under this section, the Department shall report in the manner provided by G.S. 143B‑435.1.

SECTION 2E.3.(f)  Repurposing/Reversion. – Upon the occurrence of the earlier of (i) December 31, 2027, or (ii) termination by Burke Partnership of the contract required by subsection (c) of this section, the twenty million dollars ($20,000,000) repurposed under subsection (a) of this section shall no longer be available for purposes consistent with this section but shall instead be used by Burke Partnership for acquisition and capital costs associated with constructing a megasite in western North Carolina. Funds repurposed by this subsection that are not expended or encumbered by December 31, 2030, shall revert to the Regional Economic Development Reserve. This subsection supersedes the reversion dates for directed grants specified elsewhere, including in Section 5.3(b)(4) of S.L. 2023‑134, but nothing in this section shall be construed or is intended to waive or supersede any other requirement for directed grants set forth in Section 5.3 of S.L. 2023‑134.

clarify authority to modify loan and technical correction to consumer finance act

SECTION 2E.4.(a)  G.S. 53‑180 is amended by adding a new subsection to read:

(l)       Loan Modification or Restructuring. – A loan contract may be modified or restructured so long as the interest rate after the original maturity date does not exceed the eight percent (8%) per annum limitation set forth in G.S. 53‑173(d). A modification or restructuring may provide for a reduction of interest rate, reduction of principal, reduction in the amount of accrued interest, suspension of or modification of payment amounts, extension of the term of the loan, or any combination of these terms. A modification of payment amounts for the term of a loan modification or restructuring is not subject to subsection (a) of this section but shall not provide for a balloon payment. A licensee shall document the terms of any agreement to modify or restructure an existing loan contract by setting forth the terms of the modified or restructured loan in its loan records and shall provide to the borrower a written notice of the changes. A licensee shall not charge a borrower a fee to modify or restructure a loan unless authorized by G.S. 53‑177(c). A licensee shall not require additional collateral as a condition for a loan modification or restructuring.

SECTION 2E.4.(b)  G.S. 53‑178 reads as rewritten:

§ 53‑178.  No further charges; no splitting contracts; certain contracts void.

No further or other charges or insurance commissions shall be directly or indirectly contracted for or received by any licensee, affiliate, parent, subsidiary, or licensee under the same ownership, management, or control, whether partial or complete, except those specifically authorized by this Article, by the Commissioner under G.S. 53‑172 or any other statute. No licensee shall divide into separate parts any contract made for the purpose of or with the effect of obtaining interest or charges in excess of those authorized by this Article. All balances due to a licensee from any person as a borrower or as an endorser, guarantor or surety for any borrower or otherwise jointly or severally, shall be considered a part of any loan being made by a licensee to such person for the purpose of computing interest or charges, or exceeding the maximum loan amount of fifteen thousand dollars ($15,000).established in G.S. 53‑176(a).

SECTION 2E.4.(c)  Subsection (a) of this section is effective when it becomes law and applies to loan contracts modified or restructured on or after that date. Nothing in this section shall invalidate or impair a loan modification or restructuring that occurred prior to the effective date of this section.

CERTAIN NOTARY MODIFICATIONS

SECTION 2E.5.  Part 9 of Article 1 of Chapter 10B of the General Statutes is amended by adding a new section to read:

§ 10B‑73.  Certain emergency video and remote notarizations validated.

(a)        Any emergency video notarization performed in accordance with G.S. 10B‑25, as codified on June 30, 2024, is validated.

(b)        Any emergency video witnessing performed in accordance with Article 3 of this Chapter, as codified on June 30, 2024, is validated.

(c)        This section applies to notarial acts performed July 1, 2024, through September 8, 2024.

COMMERCIAL BUILDING CODE COUNCIL REVISION

SECTION 2E.6.(a)  G.S. 143‑136(a), as amended by Section 5.1(a) of S.L. 2024‑49, reads as rewritten:

(a)      Creation. – There is hereby created a Building Code Council, which shall be composed of 13 members appointed as follows:

…

(5)        One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold a license as an attorney‑at‑law under Chapter 84 of the General Statutes and specializes in construction law.be a design professional licensed in North Carolina with expertise and experience in the design of structures or buildings subject to the North Carolina Building Code.

….

SECTION 2E.6.(b)  This section becomes effective January 1, 2025.

subPART ii‑F. INFORMATION TECHNOLOGY [RESERVED]

subpart ii‑G. salaries and benefits

CORRECT IMPROPER STATUTORY REFERENCE IN SESSION LAW 2024‑42

SECTION 2G.1.  Effective retroactively to August 7, 2024, the introductory language of Section 2(b) of S.L. 2024‑42 reads as rewritten:

SECTION 2.(b)  G.S. 135-1(11) G.S. 135‑48.1(11) reads as rewritten:

subpart Ii‑H. CAPITAL

SCIF GRANT CHANGES

SECTION 2H.1.(a)  Notwithstanding the Committee Report described in Section 43.2 of S.L. 2021‑180 or any other provision of law to the contrary, the following grants allocated from the State Capital and Infrastructure Fund are amended as follows:

(1)        The grant to Fayetteville Technical Community College for a new regional fire training center in the amount of ten million dollars ($10,000,000) for the 2022‑2023 fiscal year shall instead be used as follows:

a.         Three million dollars ($3,000,000) shall be used for the new Fayetteville Technical Community College Regional Fire Training Center.

b.         Seven million dollars ($7,000,000) shall be used for the Fayetteville Technical Community College Regional Truck Driver Training Center.

(2)        The grant to Burke County for a regional substance abuse treatment facility in the sum of three million two hundred fifty thousand dollars ($3,250,000) in nonrecurring funds for the 2021‑2022 fiscal year shall instead be provided as a grant to Partners Health Management, a local management entity/managed care organization, for the construction, planning, and operation of a substance abuse facility in Burke County.

SECTION 2H.1.(b)  Notwithstanding the Committee Report described in Section 43.2 of S.L. 2023‑134 or any other provision of law to the contrary, the grant allocated from the State Capital and Infrastructure Fund in the sum of one million five hundred thousand dollars ($1,500,000) in nonrecurring funds for the 2023‑2024 fiscal year to Montgomery Community College for capital improvements related to its new dental hygienist program shall instead be used for capital improvements or equipment for the dental and nursing programs at Montgomery Community College.

OSFM BUILDING RESERVE

SECTION 2H.2.(a)  Notwithstanding any provision of law or the Committee Report described in Section 43.2 of S.L. 2023‑134 to the contrary, the sum of two million three hundred thousand dollars ($2,300,000) in recurring funds for the 2024‑2025 fiscal year for the Future Building Reserves are reduced.

SECTION 2H.2.(b)  There is appropriated from the General Fund to the Office of State Fire Marshal for the 2024‑2025 fiscal year the sum of two million three hundred thousand dollars ($2,300,000) in recurring funds to operate and maintain a training center facility.

UNC‑WILMINGTON I.S.A.T. BUILDING CLARIFICATION

SECTION 2H.3.(a)  Section 40.1(a) of S.L. 2023‑134 reads as rewritten:

SECTION 40.1.(a)  The following agency capital improvement projects have been assigned a project code for reference to allocations in this Part, past allocations, and for intended project support by the General Assembly for future fiscal years:

Agency Capital Improvement Project                                                                            Project Code

…

      University of North Carolina at Wilmington–

                  Cameron Hall–Comprehensive Renovation/Expansion                       UNC/WIL23‑1

                  Kenan Auditorium–Comprehensive Renovation/Expansion                UNC/WIL23‑2

                  DeLoach Hall–Modernization                                                              UNC/WIL23‑3

                  Health Education Bldg.Integrated Science and Technology (I.S.A.T.) Bldg.                                              UNC/WIL23‑4

      ….

SECTION 2H.3.(b)  Notwithstanding the Committee Report described in Section 43.2 of S.L. 2023‑134 or any provision of law to the contrary, the funding allocated from the State Capital and Infrastructure Fund to the University of North Carolina at Wilmington in the sum of eight million dollars ($8,000,000) in nonrecurring funds for the 2023‑2024 fiscal year shall be used for the planning and design of the I.S.A.T. Building and related capital improvements or equipment.

NORTHERN REGIONAL HOSPITAL FUNDS

SECTION 2H.4.  Notwithstanding Item 239 on page C78 and Item 159 on page H15 of the Committee Report described in Section 43.2 of S.L. 2023‑134, funds transferred from the ARPA Temporary Savings Fund to the State Capital and Infrastructure Fund to provide funds to the Northern Regional Foundation for capital improvements or equipment at Northern Regional Hospital may also be used for the retirement of debt incurred for capital projects by the Foundation or the Hospital between January 1, 2020, and October 3, 2023.

GLOBAL TRANSPARK AIRCRAFT MAINTENANCE FACILITY MODIFICATION

SECTION 2H.5.  Section 40.1(s) of S.L. 2023‑134 reads as rewritten:

SECTION 40.1.(s)  For project code TRAN23‑1, the North Carolina Global TransPark Authority (Authority) shall be considered the funded agency, pursuant to G.S. 143‑135.26(1), and, notwithstanding G.S. 143‑341 or any other provision of law to the contrary, shall have final authority over any aspect of the project. The Authority shall use up to five million dollars ($5,000,000) allocated in this Part for the 2023‑2024 fiscal year for project planning. The Office of State Budget and Management shall disburse additional funding that has been allocated by the General Assembly for the project during the 2023‑2025 fiscal biennium and subsequent fiscal years contingent upon the Authority entering into an intergovernmental services agreement with an agency of the United States for the use of the facility being constructed under this project code. The Authority shall repay the total amount of three hundred fifty million dollars ($350,000,000) intended to be allocated from the State Capital and Infrastructure Fund for the project in an amount of no less than one million dollars ($1,000,000) and up to fifteen million dollars ($15,000,000) annually, commencing on the first year the federal government agency takes occupancy of the facility under the terms of the intergovernmental services agreement.with the 2026‑2027 fiscal year. Beginning with the 2034‑2035 fiscal year, the Authority shall repay the balance of funding allocated for the project in an amount of no less than fifteen million dollars ($15,000,000) annually. Reimbursement funds submitted by the Authority pursuant to this subsection shall be credited to the State Capital and Infrastructure Fund.

POE HALL ASSESSMENT FUNDS

SECTION 2H.6.  There is appropriated from the State Capital and Infrastructure Fund to North Carolina State University the sum of five million dollars ($5,000,000) in nonrecurring funds for the 2024‑2025 fiscal year to be used to assess the costs associated with rehabilitating or replacing Poe Hall.

FUNDS FOR TRAILS

SECTION 2H.7.  Funding. – There is appropriated from the State Capital and Infrastructure Fund to the Department of Natural and Cultural Resources (Department) the sum of five million two hundred thousand dollars ($5,200,000) in nonrecurring funds for the 2024‑2025 fiscal year. These funds shall be used for the following purposes:

(1)        Four million two hundred fifty thousand dollars ($4,250,000) to provide a grant to the Saluda Grade Trails Conservancy (Conservancy), a nonprofit corporation, for the purchase of the Saluda Grade rail corridor in Henderson and Polk Counties and related assessment, due diligence, and transaction costs. The Department shall provide the funds allocated by this subdivision to the Conservancy upon the earlier of (i) January 1, 2025, or (ii) the date the Department completes the study required by subdivision (c)(4) of Section 14.7 of S.L. 2023‑134 and notifies the Office of State Budget and Management that it has done so.

(2)        Seven hundred fifty thousand dollars ($750,000) to be divided equally between the 15 eligible entities previously funded for capacity‑building grants pursuant to Section 14.7(c)(1) of S.L. 2023‑134.

(3)        Two hundred thousand dollars ($200,000) to the Great Trails State Coalition, a nonprofit corporation, for (i) a time‑limited position to assist and coordinate trail planning and implementation for the nonprofit organizations in the State, (ii) marketing for trail events, and (iii) promoting outdoor trail recreation.

subpart ii‑I. transportation

AIRPORT IMPROVEMENT FUNDS SHALL NOT REVERT

SECTION 2I.1.  Notwithstanding G.S. 143C‑1‑2(b), G.S. 63‑74(d), Section 41.4 of S.L. 2022‑74, or any other provision of law to the contrary, funds allocated for airport improvements on or after July 1, 2019, by Section 4.7 of S.L. 2019‑231, Section 2.2(j) of S.L. 2023‑134, or any other act of the General Assembly for projects that are active as of November 18, 2024, shall not revert but shall remain available to expend until completion of the improvement.

REALLOCATE ROCKINGHAM SPEEDWAY PEDESTRIAN BRIDGE FUNDS

SECTION 2I.2.  Notwithstanding the Committee Report described in Section 43.2 of S.L. 2023‑134 or any provision of law to the contrary, of the sum of two million dollars ($2,000,000) in nonrecurring funds for the 2023‑2024 fiscal year allocated for the construction of a pedestrian bridge over Highway 1 at the Rockingham Speedway in Richmond County, one million seven hundred thousand dollars ($1,700,000) shall be allocated as a grant to the Rockingham Dragway and three hundred thousand dollars ($300,000) shall be allocated as a grant to the Rockingham Speedway. The funds reallocated in this section shall be used for facility improvements.

subPART ii‑J. FINANCE

ELIMINATE ADDITIONAL MEANS OF NOTICE TO ADVERTISE PROPERTY TAX LIENS CURRENTLY REQUIRED BY LAW

SECTION 2J.1.  Section 22 of S.L. 2024‑45 is repealed.

subpart ii‑k. general provisions

STORMWATER AND STREAM REHABILITATION ALLOCATION CHANGE

SECTION 2K.1.  The funds allocated by Section 5.6(f)(16)a. of S.L. 2023‑134 to the Office of State Budget and Management to provide a directed grant to Pilot View Resource Conservation and Development, Inc., for stormwater and stream rehabilitation shall instead be allocated to the Davie County Economic Development Commission, Inc., as a directed grant for the same purposes.

PART III. VARIOUS LAW CHANGES

SUBPART III‑A. ELECTIONS

TRANSFER STATE BOARD OF ELECTIONS TO STATE AUDITOR

SECTION 3A.1.  Part I of S.L. 2023‑139 is repealed.

SECTION 3A.2.(a)  The North Carolina State Board of Elections is transferred administratively to the Department of the State Auditor. This transfer has all of the elements of a Type II transfer, as described in G.S. 143A‑6, except that the management functions of the State Board of Elections shall not be performed under the direction and supervision of the State Auditor except as provided in this section. Under this transfer, the State Board of Elections shall exercise all its prescribed statutory powers independently of the State Auditor, except that budgeting functions shall be performed under the direction and supervision of the State Auditor.

SECTION 3A.2.(b)  No action or proceeding pending on July 1, 2025, brought by or against the State Board of Elections shall be affected by any provision of this section. Any business or other matter undertaken or commanded by any State program or office or contract transferred by this section pertaining to or connected with the functions, powers, obligations, and duties set forth herein, which is pending on July 1, 2025, may be conducted and completed in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the original program, office, or commissioners or directors thereof.

SECTION 3A.2.(c)  The transfer provided for under this section shall not affect any ongoing investigation or audit. Prosecutions for offenses or violations committed before July 1, 2025, are not abated or affected by this section.

SECTION 3A.2.(d)  Rules and forms adopted by the State Board of Elections shall remain in effect until amended or repealed.

SECTION 3A.2.(e)  G.S. 163‑28 is repealed.

SECTION 3A.2.(f)  This section becomes effective July 1, 2025.

SECTION 3A.3.(a)  Section 2.1, Section 2.2, Section 2.5, Section 4.1, Part V, Section 8.1, Section 8.2, and Section 8.3 of S.L. 2023‑139 are repealed.

SECTION 3A.3.(b)  G.S. 147‑64.6(c) is amended by adding a new subdivision to read:

(23)    The Auditor shall make appointments to the State Board of Elections.

SECTION 3A.3.(c)  G.S. 163‑19 reads as rewritten:

§ 163‑19.  State Board of Elections; appointment; term of office; vacancies; oath of office.

(a)        There is established the State Board of Elections, which may be referred to as the State Board in this Chapter.

(b)        The State Board of Elections shall consist of five registered voters whose terms of office shall begin on May 1, 2019, May 1 of the year following the election of the President of the United States and shall continue for four years, and until their successors are appointed and qualified. The Governor State Auditor shall appoint the members of the State Board and likewise shall appoint their successors every four years at the expiration of each four‑year term. Not more than three members of the State Board shall be members of the same political party. The Governor State Auditor shall appoint the members from a list of nominees submitted to the Governor State Auditor by the State party chair of each of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board. Each State party chair shall submit a list of four nominees who are affiliated with that political party. No person may serve more than two full consecutive four‑year terms.

(c)        Any vacancy occurring in the State Board shall be filled by the Governor, State Auditor, and the person so appointed shall fill serve the remainder of the unexpired term. The Governor State Auditor shall fill the vacancy from a list of three nominees submitted to the Governor State Auditor by the State party chair of the political party that nominated the vacating member as provided in subsection (b) of this section. The State party chair shall submit a list of three nominees must be who are affiliated with that political party.

….

SECTION 3A.3.(d)  G.S. 163‑20 reads as rewritten:

§ 163‑20.  Meetings of Board; quorum; minutes.

(a)        Call of meeting. – The State Board of Elections shall meet at the call of the chairman chair whenever necessary to discharge the duties and functions imposed upon it by this Chapter. The chairman chair shall call a meeting of the State Board upon the written application or applications of any two members thereof. If there is no chairman, chair, or if the chairman chair does not call a meeting within three days after receiving a written request or requests from two members, any three members of the State Board shall have power to call a meeting of the State Board, and any duties imposed or powers conferred on the State Board by this Chapter may be performed or exercised at that meeting, although the time for performing or exercising the same prescribed by this Chapter may have expired.

(b)        Place of Meeting. – Except as provided in subsection (c), below, subsection (c) of this section, the State Board of Elections shall meet in its offices in the City of Raleigh, or at another place in the City of Raleigh to be designated by the chairman. chair. However, subject to the limitation imposed by subsection (c), below, subsection (c) of this section upon the prior written request of any four members, the State Board of Elections shall meet at any other place in the State designated by the four members.

(c)        Meetings to Investigate Alleged Violations of This Chapter. – When called upon to investigate or hear sworn alleged violations of this Chapter, the State Board of Elections shall meet and hear the matter in the county in which the violations are alleged to have occurred.

(d)       Quorum. – A majority of the members constitutes a quorum for the transaction of business by the State Board of Elections. Board. If any member of the State Board fails to attend a meeting, and by reason thereof there is no quorum, the members present shall adjourn from day to day for not more than three days, by the end of which time, if there is no quorum, the Governor State Auditor may summarily remove any member failing to attend and appoint his a successor.

(e)        Minutes. – The State Board of Elections shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the office of the State Board in the City of Raleigh.

SECTION 3A.3.(e)  G.S. 163‑22(c) reads as rewritten:

(c)      The State Board shall advise the county boards of elections as to the proper methods of conducting primaries and elections. The State Board shall require all reports from the county boards of elections and election officers as provided by law, or as are deemed necessary by the State Board, and shall compel observance of the requirements of the election laws by county boards of elections and other election officers. In performing these duties, the State Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board of elections to comply with any part of the election laws imposing duties upon a county board of elections. board. The State Board shall have power to remove from office any member of a county board of elections for incompetency, neglect or failure to perform duties, fraud, or for any other satisfactory cause. Before exercising this power, the State Board shall notify the county board of elections member affected and give that member an opportunity to be heard.

SECTION 3A.3.(f)  G.S. 163‑30 reads as rewritten:

§ 163‑30.  County boards of elections; appointments; terms of office; qualifications; vacancies; oath of office; instructional meetings.

(a)        In every county of the State there shall be a county board of elections, to which may be referred to as county board in this Chapter. Each county board shall consist of five persons of good moral character who are registered voters in the county in which they are to act. Members of county boards of elections shall be appointed by the State Board of Elections on the last Tuesday in June, and every two years thereafter, and their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. Four members of each county boards of elections board shall be appointed by the State Board on the last Tuesday in June and every two years thereafter, and their terms of office of each odd‑numbered year and shall continue for two years from the specified date of appointment and to serve until their successors are appointed and qualified. One member of the each county boards of elections board shall be appointed by the Governor State Auditor to be the chair of the county board on the last Tuesday in June and every two years thereafter, of each odd‑numbered year and that member's term of office shall continue for two years from the specified date of appointment and until a successor is appointed and qualified. Of the appointments to each county board of elections by the State Board, two members each shall belong to the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board.

(b)        No person shall be eligible to serve as a member of a county board of elections who meets any of the following criteria:

(1)        Holds any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof.

(2)        Holds any office in a state, congressional district, county or precinct political party or organization. Provided, however, that the position of delegate to a political party convention shall not be considered an office for the purpose of this subdivision.

(3)        Is a campaign manager or treasurer of any candidate or political party in a primary or election.

(4)        Is a candidate for nomination or election.

(5)        Is the wife, husband, son, son in law, daughter, daughter in law, mother, mother in law, father, father in law, sister, sister in law, brother, brother in law, aunt, uncle, niece, or nephew of any candidate for nomination or election. Upon any member of the county board of elections becoming ineligible, that member's seat shall be declared vacant. This subdivision only applies if the county board of elections is conducting the election for which the relative is a candidate.

(c)        The State chair of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board shall have the right to recommend to the State Board three registered voters in each county for appointment to the county board of elections for that county. If such recommendations are received by the State Board 15 or more days before the last Tuesday in June 2019, and each two years thereafter, of each odd‑numbered year, it shall be the duty of the State Board to appoint the county boards from the names thus recommended.

(d)       Whenever a vacancy occurs in the membership of a county board of elections for any cause the State chair of the political party of the vacating member shall have the right to recommend two registered voters of the affected county for such office, and it shall be the duty of the State Board to fill the vacancy from the names thus recommended.

(e)        At the meeting of the county board of elections required by G.S. 163‑31 to be held on Tuesday following the third Monday in July in the year of their appointment the members shall take the following oath of office:

I, ____, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States; and that I will well and truly execute the duties of the office of member of the ____ County Board of Elections to the best of my knowledge and ability, according to law; so help me God.

(f)        Each member of the county board of elections shall attend each instructional meeting held pursuant to G.S. 163‑46, unless excused for good cause by the chair of the county board, and shall be paid the sum of twenty five dollars ($25.00) per day for attending each of those meetings.

SECTION 3A.3.(g)  Notwithstanding any other provision of law, the current terms of office of the members of the State Board of Elections shall terminate on April 30, 2025, and members shall be appointed to the State Board of Elections in accordance with G.S. 163‑19, as amended by this section, for a term to begin May 1, 2025.

SECTION 3A.3.(h)  Notwithstanding any other provision of law, the current terms of office of the members of the county boards of elections shall terminate on June 24, 2025, and members of each county board of election shall be appointed in accordance with G.S. 163‑30, as amended by this section, for a term beginning on June 25, 2025, and expiring on July 19, 2027.

VARIOUS ELECTION CHANGES

SECTION 3A.4.(a)  G.S. 163‑82.4(f) reads as rewritten:

(f)       Correcting Registration Forms. – If the voter fails to complete any required item on the voter registration form but provides enough information on the form to enable the county board of elections to identify and contact the voter, the voter shall be notified of the omission and given the opportunity to complete the form at least by 5:00 P.M. 12:00 P.M. on the third business day before the county canvass as set in G.S. 163‑182.5(b). after the election. If the voter corrects that omission within that time and is determined by the county board of elections to be eligible to vote, the county board shall permit the voter to vote. If the information is not corrected by election day, the voter shall be allowed to vote a provisional official ballot. If the correct information is provided to the county board of elections by at least 5:00 P.M. 12:00 P.M. on the third business day before the county canvass, after the election, the county board shall count any portion of the provisional official ballot that the voter is eligible to vote.

SECTION 3A.4.(b)  G.S. 163‑166.8(d) reads as rewritten:

(d)      Precinct officials shall maintain a log of any individual, other than a minor child under the age of 18 in the care of a voter, who enters the voting place pursuant to this section and is not seeking to vote in that voting place. The Precinct officials shall use the log provided by the State Board, which shall include the printed name and address of the individual entering the voting place, the time the individual entered the voting place, and a space for that individual's signature. This subsection shall not apply to observers and runners appointed pursuant to G.S. 163‑45.1 and G.S. 163‑45.2.

SECTION 3A.4.(c)  G.S. 163‑166.12 reads as rewritten:

§ 163‑166.12.  Requirements for certain voters who register by mail.

…

(d)       Voting When Identification Numbers Do Not Match. – Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163‑82.12 did not result in a match, and the number has not been otherwise validated by the board of elections, county board, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. If that identification is provided no later than 12:00 P.M. on the third business day after the election and the county board of elections does not determine that the individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent that individual from registering to vote and having that individual's vote counted.

(e)        The Right to Vote Provisionally. – If an individual is required under subsection (a), (b), or (d) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot. If the voter is at the voting place, the voter may vote provisionally there without unnecessary delay. If the voter is voting by mail‑in absentee ballot, the mailed absentee ballot without the required identification shall be treated as a provisional official ballot.

….

SECTION 3A.4.(d)  G.S. 163‑166.16(c) reads as rewritten:

(c)      Provisional Ballot Required Without Photo Identification. – If the registered voter cannot produce the identification as required in subsection (a) of this section, the registered voter may cast a provisional ballot that is counted only if the registered voter brings an acceptable form of photograph identification listed in subsection (a) of this section to the county board of elections no later than the end of business on the business day prior to the canvass by the county board of elections as provided in G.S. 163‑182.5. 12:00 P.M. on the third business day after the election. The State Board shall provide the registered voter casting a provisional ballot due to failure to provide photo identification an information sheet on the deadline to return to the county board of elections to present photo identification, and what forms of photo identification are acceptable, in order for the voter's provisional ballot to be counted.

SECTION 3A.4.(e)  G.S. 163‑182.2(a)(4) reads as rewritten:

(4)      If the county board of elections finds that an individual voting a provisional official ballot (i) was registered in the county as provided in 163‑82.1, (ii) voted in the proper precinct under G.S. 163‑55 and G.S. 163‑57, and (iii) was otherwise eligible to vote, the provisional official ballots shall be counted by the county board of elections before the canvass. no later than 5:00 P.M. on the third business day after the election. Except as provided in G.S. 163‑82.15(e), if the county board finds that an individual voting a provisional official ballot (i) did not vote in the proper precinct under G.S. 163‑55 and G.S. 163‑57, (ii) is not registered in the county as provided in G.S. 163‑82.1, or (iii) is otherwise not eligible to vote, the ballot shall not be counted. If a voter was properly registered to vote in the election by the county board, no mistake of an election official in giving the voter a ballot or in failing to comply with G.S. 163‑82.15 or G.S. 163‑166.11 shall serve to prevent the counting of the vote on any ballot item the voter was eligible by registration and qualified by residency to vote.

SECTION 3A.4.(f)  G.S. 163‑230.1 reads as rewritten:

§ 163‑230.1.  Simultaneous issuance of absentee ballots with application.

(a)        Written Request. – A qualified voter who is eligible to vote by absentee ballot under G.S. 163‑226, or that voter's near relative or verifiable legal guardian, shall complete a request form for an absentee application and absentee ballots so that the county board of elections receives that completed request form not later than 5:00 P.M. on the second Tuesday before the election. That completed written request form shall be in compliance with G.S. 163‑230.2. The county board of elections shall enter in the register of absentee requests, applications, and ballots issued the information required in G.S. 163‑228 as soon as each item of that information becomes available. Upon receiving the completed request form, the county board of elections shall cause to be mailed to that voter a single package that includes all of the following:

(1)        The official ballots the voter is entitled to vote.

(2)        A container‑return envelope for the ballots, printed in accordance with G.S. 163‑229.

(3)        An instruction sheet.

(4)        A clear statement of the requirement for a photocopy of identification described in G.S. 163‑166.16(a) or an affidavit as described in G.S. 163‑166.16(d)(1), (d)(2), or (d)(3) with the returned ballot.

(a1)      Mailing of Application and Ballots. – The ballots, envelope, and instructions shall be mailed to the voter by the county board's chair, member, officer, or employee as determined by the county board and entered in the register as provided by this Article.

(a2)      Publish Deadline for Written Request and Ballot. – At least once per primary or election, each county board of elections and the State Board shall publish on its website or in any mailing sent to voters the following information:

(1)        The date by which a completed request form as described in subsection (a) of this section must be received by a county board of elections.board.

(2)        The means by which the voter's marked absentee ballot must be returned to the county board of elections.board.

(3)        The date and time the voter's completed absentee ballot must be received by the county board of elections in order to be counted.

(b)        Absence for Sickness or Physical Disability. – Notwithstanding the provisions of subsection (a) of this section, if a voter expects to be unable to go to the voting place to vote in person on election day because of that voter's sickness or other physical disability, that voter or that voter's near relative or verifiable legal guardian may make the request for absentee ballots in person to the county board of elections of the county in which the voter is registered after 5:00 P.M. on the second Tuesday before the election but not later than 5:00 P.M. on the last business day before the election. The county board of elections shall treat that completed request form in the same manner as a request under subsection (a) of this section but may personally deliver the application and ballots to the voter or that voter's near relative or verifiable legal guardian, and shall enter in the register of absentee requests, applications, and ballots issued the information required in G.S. 163‑228 as soon as each item of that information becomes available. The county board of elections shall personally deliver to the requester in a single package:

(1)        The official ballots the voter is entitled to vote.

(2)        A container‑return envelope for the ballots, printed in accordance with G.S. 163‑229.

(3)        An instruction sheet.

(4)        A clear statement of the requirement for a photocopy of identification described in G.S. 163‑166.16(a) or an affidavit as described in G.S. 163‑166.16(d)(1), (d)(2), or (d)(3) with the returned application and voted ballots.

(c)        Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. – When the county board of elections receives a completed request form for applications and absentee ballots from the voter, or the near relative or the verifiable legal guardian of that voter, the county board shall promptly issue and transmit them to the voter in accordance with the following instructions:

(1)        On the top margin of each absentee ballot the applicant is entitled to vote, the chair, a member, officer, or employee of the county board of elections shall write or type the words Absentee Ballot No. ____ or an abbreviation approved by the State Board and insert in the blank space the number assigned the applicant's application in the register of absentee requests, applications, and absentee ballots issued. That person shall not write, type, or print any other matter upon the absentee ballots transmitted to the absentee voter. Alternatively, the county board of elections may cause to be barcoded on the absentee ballot the voter's application number, if that barcoding system is approved by the State Board.

(2)        The chair, member, officer, or employee of the county board of elections shall fold and place the absentee ballots (identified in accordance with the preceding instruction) in a container‑return envelope and write or type in the appropriate blanks thereon, in accordance with the terms of G.S. 163‑229(b), the absentee voter's name, the absentee voter's application number, and the designation of the precinct in which the voter is registered. If the absentee ballot is barcoded under this section, the envelope may be barcoded rather than having the actual number appear. The person placing the absentee ballots in the envelopes shall leave the container‑return envelope holding the absentee ballots unsealed.

(3)        The chair, member, officer, or employee of the county board of elections shall then place the unsealed container‑return envelope holding the absentee ballots together with printed instructions for voting and returning the absentee ballots, in an envelope addressed to the voter at the post office address stated in the request, seal the envelope, and mail it at the expense of the county board of elections: board: Provided, that in case of a request received after 5:00 P.M. on the second Tuesday before the election under the provisions of subsection (b) of this section, in lieu of transmitting the absentee ballots to the voter in person or by mail, the chair, member, officer, or employee of the county board of elections may deliver the sealed envelope containing the instruction sheet and the container‑return envelope holding the absentee ballots to a near relative or verifiable legal guardian of the voter.

The county board of elections may receive completed written request forms for applications at any time prior to the election but shall not mail applications and absentee ballots to the voter or issue applications and absentee ballots in person earlier than 60 days prior to the statewide general election in an even‑numbered year, or earlier than 50 days prior to any other election. No election official shall issue applications for absentee ballots except in compliance with this Article.

(d)       Voter to Complete. – The application shall be completed and signed by the voter personally, the absentee ballots marked, the absentee ballots sealed in the container‑return envelope, and the certificate completed as provided in G.S. 163‑231.

(e)        Approval of Applications. – At its next official meeting prior to election day after the return of the completed container‑return envelope with the voter's absentee ballots, the county board of elections shall determine whether the container‑return envelope has been properly executed. If the county board determines that the container‑return envelope has been properly executed, it shall approve the application and deposit the container‑return envelope with other container‑return envelopes for the envelope to be opened and the absentee ballots counted at the same time as all other container‑return envelopes and absentee ballots.

(e1)      Curable Deficiencies. – If a container‑return envelope contains a curable deficiency, the county board of elections shall promptly notify the voter of the deficiency and the manner in which the voter may cure the deficiency. Curable deficiencies are deficiencies that can be cured with supplemental documentation or attestation provided by the voter, including when any of the following occurs:

(1)        The voter did not sign the voter certification as required by G.S. 163‑231(a)(4).

(2)        The voter signed the application in the wrong place on the application.

(3)        The voter failed to include with the container‑return envelope a photocopy of identification described in G.S. 163‑166.16(a) or an affidavit as described in G.S. 163‑166.16(d)(1), (d)(2), or (d)(3), as required by subsection (f1) of this section.

The identification of the two persons witnessing the casting of the absentee ballot in accordance with G.S. 163‑231(a) is not a curable deficiency. Any container‑return envelope with a curable deficiency that is transmitted to the county board shall be considered timely if cure documentation is received no later than the end of business 12:00 P.M. on the third business day before the canvass conducted by the county board of elections held pursuant to G.S. 163‑182.5. after the election. Cure documentation may be transmitted via e‑mail email to the county board of elections if the deficiency is one described in subdivision (3) of this subsection. The notification of voters regarding curable deficiencies is an administrative task that may be performed by county board staff and is not required to be performed at an absentee meeting as provided for in subsection (f) of this section. The voter shall be notified of curable deficiencies by mail, and by telephone or email if the telephone number or email address was provided by the voter on the request form for absentee ballots.

(f)        Required Meeting of County Board of Elections. – During the period commencing on the fifth Tuesday before an election, in which absentee ballots are authorized, the county board of elections shall hold one or more public meetings each Tuesday at 5:00 P.M. for the purpose of action on applications for absentee ballots. At these meetings, the county board of elections shall pass upon applications for absentee ballots.

If the county board of elections changes the time of holding its meetings or provides for additional meetings in accordance with the terms of this subsection, notice of the change in hour and notice of the schedule of additional meetings, if any, shall be published in a newspaper circulated in the county at least 30 days prior to the election.

At the time the county board of elections makes its decision on an application for absentee ballots, the county board shall enter in the appropriate column in the register of absentee requests, applications, and ballots issued opposite the name of the applicant a notation of whether the applicant's application was Approved or Disapproved.

The decision of the county board on the validity of an application for absentee ballots shall be final subject only to such review as may be necessary in the event of an election contest. The county board of elections shall constitute the proper official body to pass upon the validity of all applications for absentee ballots received in the county; this function shall not be performed by the chair or any other member of the county board individually.

(f1)      Each container‑return envelope returned to the county board with application and voted ballots under this section shall be accompanied by a photocopy of identification described in G.S. 163‑166.16(a) or an affidavit as described in G.S. 163‑166.16(d)(1), (d)(2), or (d)(3).

(g)        Rules. – The State Board, by rule or by instruction to the county board boards of elections, shall establish procedures to provide appropriate safeguards in the implementation of this section. The State Board shall adopt rules to provide for the forms of identification that shall be included with returned application and voted absentee ballots. At a minimum, the rules shall include the following:

(1)        Acceptable photocopies of forms of readable identification, as described in G.S. 163‑166.16(a).

(2)        A process for a voter without acceptable photocopies of forms of readable identification under subdivision (1) of this subsection to complete an alternative affidavit in accordance with G.S. 163‑166.16(d)(1), (d)(2), or (d)(3) that includes inability to attach a physical copy of the voter's identification with the returned application and voted ballots as a reasonable impediment to compliance with the identification requirement, provided the reasonable impediment includes one of the following:

a.         The number of the voter's North Carolina drivers license issued under Article 2 of Chapter 20 of the General Statutes, including a learner's permit or a provisional license.

b.         The number of the voter's special identification card for nonoperators issued under G.S. 20‑37.7.

c.         The last four digits of the voter's social security number.

(h)        Recodified as G.S. 163‑226(f) by Session Laws 2019‑239, s. 1.2(a), effective January 1, 2020, and applicable to elections conducted on or after that date.

SECTION 3A.4.(g)  G.S. 163‑234 reads as rewritten:

§ 163‑234.  Counting absentee ballots by county board of elections.board.

All absentee ballots returned to the county board of elections in the container‑return envelopes shall be retained by the county board of elections to be counted by the county board of elections as follows:

(1)        Only those absentee ballots returned to the county board of elections in a properly executed container‑return envelope and received pursuant to G.S. 163‑231 shall be counted. Absentee ballots not received pursuant to all requirements in G.S. 163‑231 shall not be deemed to be valid and shall not be counted. Absentee ballots received prior to election day shall be counted on election day. An absentee ballot returned in an executed container‑return envelope containing a deficiency listed in G.S. 163‑230.1(e) shall be counted if documentation curing the deficiency is timely received by the county board of elections in accordance with the requirements of G.S. 163‑230.1(e).

(2)        The county board of elections shall meet at 5:00 P.M. on election day in the county board office or other public location in the county courthouse for the purpose of counting all absentee ballots except those which have been challenged before 5:00 P.M. on election day, those received on election day, day and those received pursuant to G.S. 163‑231(b)(2). Any elector of the county shall be permitted to attend the meeting and allowed to observe the counting process, so long as the elector does not in any manner interfere with the election officials in the discharge of their duties. The count of these absentee ballots shall be continuous until completed, and the members shall not separate or leave the counting place except for unavoidable necessity.

The county board of elections may begin counting absentee ballots issued under Article 21A of this Chapter between the hours of 9:00 A.M. and 5:00 P.M. and may begin counting all absentee ballots between the hours of 2:00 P.M. and 5:00 P.M. upon the adoption of a resolution at least two weeks prior to the election in which the hour and place of counting absentee ballots shall be stated. The resolution also may provide for an additional meeting following the day of the election and prior to the day of canvass to count absentee ballots received on election day as provided in subdivision (11) of this section. A copy of the resolution shall be published once a week for two weeks prior to the election, in a newspaper having general circulation in the county. Notice may additionally be made on a radio or television station or both, but the notice shall be in addition to the newspaper and other required notice. The count shall be continuous until completed and the members shall not separate or leave the counting place except for unavoidable necessity, except that if the count has been completed prior to the time the polls close, it shall be suspended until that time pending receipt of any additional ballots. Nothing in this section prohibits a county board of elections from taking preparatory steps for the count earlier than the times specified in this section, as long as the preparatory steps do not reveal to any individual not engaged in the actual count election results before the times specified in this subdivision for the count to begin. By way of illustration and not limitation, a preparatory step for the count would be the entry of tally cards from direct record electronic voting units into a computer for processing. The county board shall not announce the result of the count before 7:30 P.M.

(3)        Notwithstanding subdivision (2) of this section, a county board of elections may, at each meeting at which it approves absentee ballot applications pursuant to G.S. 163‑230.1(e) and (f), remove those absentee ballots from their envelopes and have them read by an optical scanning machine, without printing the totals on the scanner. The county board shall complete the counting of these absentee ballots at the times provided in subdivision (2) of this section. The State Board shall provide instructions to county boards of elections for executing this procedure, and the instructions shall be designed to ensure the accuracy of the count, the participation of county board members of both parties, and the secrecy of the results before election day. This subdivision applies only in counties that use optical scan devices to count absentee ballots.

(4)        The counting of absentee ballots shall not commence until a majority and at least one county board member of each political party represented on the county board is present and that fact is publicly declared and entered in the official minutes of the county board.

(5)        The county board of elections may employ such assistants as deemed necessary to count the absentee ballots, but each county board member present shall be responsible for and observe and supervise the opening and tallying of the absentee ballots.

(6)        As each ballot envelope is opened, the county board shall cause to be entered into a pollbook designated Pollbook of Absentee Voters the name of the absentee voter, or if the pollbook is computer‑generated, the county board shall check off the name. Preserving secrecy, the absentee ballots shall be placed in the appropriate ballot boxes, at least one of which shall be provided for each type of ballot.

After all absentee ballots have been placed in the boxes, the counting process shall begin.

If a challenge transmitted to the county board on canvass day by a chief judge is sustained, the absentee ballots challenged and sustained shall be withdrawn from the appropriate boxes, as provided in G.S. 163‑89(e).

As soon as the absentee ballots have been counted and the names of the absentee voters entered in the pollbook as required in this subdivision, the county board members and assistants employed to count the absentee ballots shall each sign the pollbook immediately beneath the last absentee voter's name entered in the pollbook. The county board of elections is responsible for the safekeeping of the pollbook of absentee voters.

(7)        Upon completion of the counting process the county board members shall cause the results of the tally to be entered on the absentee abstract prescribed by the State Board. The abstract shall be signed by the members of the county board in attendance and the original mailed immediately to the State Board.

(8)        One copy of the absentee abstract shall be retained by the county board of elections and the totals appearing on the absentee abstract shall be added to the final totals of all votes cast in the county for each office as determined on the official canvass.

(9)        In the event a political party does not have a member of the county board of elections present at the meeting to count absentee ballots due to illness or other cause of the member, the counting shall not commence until the county party chair of the absent member, or a member of the party's county executive committee, is in attendance. The person shall act as an official witness to the counting and shall include his or her printed name and signature on the absentee ballot abstract, along with the name of who designated him or her to attend.

(10)      The county board of elections shall retain all container‑return envelopes and absentee ballots, in a safe place, for at least 22 months, and longer if any contest is pending concerning the validity of any ballot.

(11)      The county board of elections shall meet after election day and prior to the date of canvass to determine whether the container‑return envelopes for absentee ballots received on election day pursuant to G.S. 163‑231(b) have been properly executed. The county board of elections shall comply with the requirements of G.S. 163‑230.1 for approval of applications. Any absentee ballots received pursuant to G.S. 163‑231(b)(2) shall be counted by the county board of elections on the day of canvass. The county board of elections may also shall meet following after the day of the election and prior to the day of canvass to count absentee ballots received pursuant to G.S. 163‑231(b)(2) upon the adoption of a resolution pursuant to subdivision (2) of this section. The county board of elections shall comply with all other requirements of this section and G.S. 163‑230.1 for the counting of these absentee ballots.

(12)      No later than 5:00 P.M. on the third business day after the election, the county board shall announce the tally of all absentee ballots, except those subject to a challenge or those cast in accordance with Article 21A of this Chapter.

SECTION 3A.4.(h)  This section becomes effective January 1, 2025, and applies to elections conducted on or after that date.

SECTION 3A.5.(a)  G.S. 163‑278.19B reads as rewritten:

§ 163‑278.19B.  Political party headquarters building funds.

(a)        Notwithstanding the provisions of G.S. 163‑278.19, a person prohibited by that section from making a contribution may donate to political parties parties, and affiliated party committees and political parties and affiliated party committees may accept from such a person person, money and other things of value donated to a political party headquarters building fund.

(b)        Donations made to the political party headquarters building fund in accordance with this section shall be subject to all the following rules:

(1)        The donations solicited and accepted are designated to the political party headquarters building fund.

(2)        Potential donors to that the political party headquarters building fund are advised that all donations will be exclusively for the political party headquarters building fund.

(3)        The political party or affiliated party committee establishes a separate segregated bank account into which shall be deposited only donations for the political party headquarters building fund from persons prohibited by G.S. 163‑278.19 from making contributions.

(4)        The donations deposited in the separate segregated bank account for the political party headquarters building fund will shall be spent only as follows:

a.         to To purchase a principal headquarters building, to construct a principal headquarters building, to renovate a principal headquarters building, or to pay a mortgage on a principal headquarters building, to repay donors if a principal headquarters building is not purchased, constructed, or renovated, orbuilding.

b.         to To pay building rent or monthly or bimonthly utility expenses incurred to operate the principal headquarters building. Donations deposited into that account shall be used solely for the purposes set forth in the preceding sentence, and specifically shall not be used for headquarters equipment other than fixtures, personnel compensation, or travel or fundraising expenses or requirements of any kind.

c.         Notwithstanding the above, To compensate personnel compensation and including in‑kind benefits may be paid to for no more than three personnel whose functions are primarily administrative in nature, such as providing accounting, payroll, or campaign finance reporting services, for the party and whose job functions require no more than ten percent (10%) of work time to be spent on political advocacy each calendar year.

d.         To repay donors if a principal headquarters building is not purchased, constructed, renovated, or rented.

e.         To fund legal actions as defined in G.S. 163‑278.300(4).

f.          To make a legal expense donation to a legal expense fund under Article 22M of this Chapter.

(5)        The political party executive committee or affiliated party committee shall report donations to and spending by a political party headquarters building fund on every report required to be made by G.S. 163‑278.9. If a committee is excused from making general campaign finance reports under G.S. 163‑278.10A, that committee shall nonetheless report donations in any amount to and spending in any amount by the political party headquarters building fund at the times required for reports in G.S. 163‑278.9.

(c)        Donations deposited into a political party headquarters building fund shall be used solely for the purposes set forth in this section. Except as otherwise provided in this section, the political party headquarters building fund shall not be used for headquarters equipment other than fixtures, personnel compensation, travel, fundraising expenses, or other expenses of any kind.

(d)       If all the criteria set forth in subdivisions (1) through (5) of this section are complied with, then donations to Donations made to, and spending by by, a political party headquarters building fund do fund in accordance with this section shall not constitute contributions or expenditures as defined in G.S. 163‑278.6. If those criteria are complied with, then donations may be made to a political party headquarters building fund.

SECTION 3A.5.(b)  G.S. 163‑278.316 is amended by adding a new subsection to read:

(f)       A legal expense fund may accept a legal expense donation from a political party headquarters building fund.

SECTION 3A.5.(c)  This section becomes effective January 1, 2025, and applies to donations made and expenses paid on or after that date.

SUBPART III‑B. GENERAL GOVERNMENT

modify certain procedures related to APPOINTMENTS

SECTION 3B.1.(a)  G.S. 120‑122 reads as rewritten:

§ 120‑122.  Vacancies in legislative appointments.

When a vacancy occurs in any office subject to appointment by the General Assembly upon the recommendation of the Speaker of the House of Representatives, upon the recommendation of the President Pro Tempore of the Senate, or upon the recommendation of the President of the Senate, and the vacancy occurs either: (i) after election of the General Assembly but before convening of the regular session; (ii) when the General Assembly has adjourned to a date certain, which date is more than 20 days after the date of adjournment; (iii) after sine die adjournment of the regular session; or (iv) when the term of office expires and a successor has not been appointed, then the Governor may appoint a person to serve until the expiration of the term or until the General Assembly fills the vacancy, whichever occurs first. The General Assembly may fill the vacancy in accordance with G.S. 120‑121 during a regular or extra session. When a person is holding over in office after the expiration of the term, for the purpose of this section that office may be filled as if it were vacant. Before making an appointment, appointment in accordance with this section, the Governor shall consult the officer who recommended the original appointment to the General Assembly (the Speaker of the House of Representatives, the President Pro Tempore of the Senate, or the President of the Senate), and ask for a written recommendation. After receiving the written recommendation, the Governor must shall within 30 15 days either appoint the person recommended or inform the officer who made the recommendation that he is rejecting the recommendation. recommended. Failure to act within 30 15 days as required under the provisions of the preceding sentence shall be deemed to be approval of the candidate, and the candidate shall be eligible to enter the office in as full and ample extent as if the Governor had executed the an execution of the appointment. The Governor shall not appoint a person other than the person so recommended. Any position subject to initial appointment by the General Assembly but not filled prior to sine die adjournment of the Session at which the position was created or adjournment to a date certain which date is more than 20 days after the date of adjournment of the session at which the position was created may be filled by the Governor under this section as if it were a vacancy occurring after the General Assembly had made an appointment.

SECTION 3B.1.(b)  G.S. 143B‑9 reads as rewritten:

§ 143B‑9.  Appointment of officers and employees.

(a)        Department Head. – The head of each principal State department, except those departments headed by popularly elected officers, shall be appointed by the Governor and serve at the Governor's pleasure. The salary of the head of each of the principal State departments shall be set by the Governor, and the salary of elected officials shall be as provided by law.

(a1)      Appointment. – For each head of each principal State department covered by this subsection, section, the Governor shall notify the President of the Senate of the name of each person to be appointed, and appointed. Unless expressly waived by an enactment of the General Assembly, the appointment shall be subject to senatorial advice and consent in conformance with Section 5(8) of Article III of the North Carolina Constitution unless (i) the senatorial advice and consent is expressly waived by an enactment of the General Assembly or (ii) Constitution.

(a2)      Vacancy. – If a vacancy occurs when the General Assembly is not in regular session. Any session, a person appointed to fill a the vacancy when the General Assembly is not in regular session may serve without senatorial advice and consent for no longer than the earlier of the following:

(1)        The date on which the Senate adopts a simple resolution that specifically disapproves the person appointed.

(2)        The date on which the General Assembly shall adjourn pursuant to a joint resolution for a period longer than 30 days without the Senate adopting a simple resolution specifically approving the person appointed.

(a3)      Consecutive Terms. – Senatorial advice and consent is limited to the remainder of the term the Governor is serving at the time it is given unless all of the following requirements are met:

(1)        The person was appointed by the Governor and received Senatorial advice and consent as the head of the same principal State department during that Governor's immediately preceding term.

(2)        The person continues to serve in the same position.

(3)        The Senate has not adopted a simple resolution specifically disapproving the person during the first 90 legislative days of the first regular session commencing in the calendar year after the Governor's reelection. For purposes of this subdivision, a legislative day is a day on which the Senate convenes in regular session. A person is no longer eligible to continue to serve after the date on which the Senate adopts a simple resolution under this subdivision.

(b)        Chief Deputy; Chief Assistant. – The head of a principal State department shall appoint a chief deputy or chief assistant, and such chief deputy or chief assistant shall not be subject to the North Carolina Human Resources Act. The salary of such chief deputy or chief assistant shall be set by the Governor. Unless otherwise provided for in the Executive Organization Act of 1973, and subject to the provisions of the Human Resources Act, the head of each principal State department shall designate the administrative head of each transferred agency and all employees of each division, section, or other unit of the principal State department.

SECTION 3B.1.(c)  This section applies to appointments made on or after the effective date of this act.

DESIGNATE ALL PARKING SPACES IN STATE PARKING DECK 65 AS STATE LEGISLATIVE BUILDINGS AND GROUNDS

SECTION 3B.2.  G.S. 120‑32.1(d) reads as rewritten:

(d)      For the purposes of this section, the term State legislative buildings and grounds means:

…

(3)        The parking spaces in the upper level of State Parking Deck 65 located under the Halifax Street Mall.

EMERGENCY MANAGEMENT ACT CLARIFICATION

SECTION 3B.3.(a)  Purpose. – In accordance with Article I, Section 7 of the North Carolina Constitution, which states [a]ll power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised[,] the Governor has a duty under Article III, Section 5(4) of the North Carolina Constitution that the laws be faithfully executed. Accordingly, the purpose of this section is to correct a misapprehension of the powers conferred to the Governor under Article 1A of Chapter 166A of the General Statutes, entitled North Carolina Emergency Management Act, which does not allow for the Governor to waive, modify, suspend, or fail to enforce or execute any provision of the General Statutes of North Carolina, including the provisions of Chapter 96, entitled Employment Security Law, unless specifically and expressly prescribed by general law enacted by the General Assembly.

SECTION 3B.3.(b)  G.S. 166A‑19.2, as amended by Section 3(a) of S.L. 2024‑16, reads as rewritten:

§ 166A‑19.2.  Limitations.Construction; limitations.

(a)        Construction. – Nothing in this Article shall be construed to do any of the following:

(1)        Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers may be requested to transmit or print public service messages furnishing information or instructions in connection with an emergency, disaster, or war.

(2)        Limit, modify, or abridge the authority of the Governor to declare martial law or exercise any other powers vested in the Governor under the North Carolina Constitution, statutes, or common law of this State independent of, or in conjunction with, any provisions of this Article.

(b)        Religious Institutions. – No religious institution shall be subject to an executive order, secretarial declaration, municipal or local government prohibition or restriction, or a rule or regulation by a political subdivision of this State that distinguishes between religious institutions and other public or private for‑profit or nonprofit entities that are subject to or affected by the same or similar emergency in a way that imposes additional limitations on the religious institution. For the purposes of this subsection, the term religious institution has the same meaning as in G.S. 131F‑2.

(c)        Limitation. – Nothing in this Article authorizes or empowers the Governor or the Governor's designee to waive, modify, suspend, or fail to enforce or execute any provision of Chapter 96 of the General Statutes.

SECTION 3B.3.(c)  This section becomes effective March 1, 2025, and applies to exercises of power, including executive orders issued by the Governor, on or after that date.

SUBPART III‑C. JUDICIARY

MODIFY THE APPOINTMENT PROCESS TO FILL SUPREME COURT AND COURT OF APPEALS VACANCIES

SECTION 3C.1.(a)  G.S. 163‑9 reads as rewritten:

§ 163‑9.  Filling vacancies in State and district judicial offices.

(a)        Vacancies The Governor shall appoint persons to fill vacancies occurring in the offices of Justice of the Supreme Court, Court and judge of the Court of Appeals, and judge of the superior court Appeals for causes other than expiration of term shall be filled by appointment of the Governor. from a list of three qualified persons recommended by the political party executive committee of the political party with which the vacating judge was affiliated when elected. If a political party fails to make recommendations under this subsection within 30 days of the occurrence of the vacancy, or if a vacating judge was not affiliated with a political party at the time of the judge's election, the Governor shall appoint a qualified person to fill the vacancy. For purposes of this subsection, a qualified person is a person who is a resident of the State who is duly authorized to practice law in this State. An appointee to the office of Justice of the Supreme Court or judge of the Court of Appeals shall hold office until January 1 next following the election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held for an eight‑year term and until a successor is elected and qualified.

(b)        The Governor shall appoint qualified persons to fill vacancies occurring in the office of judge of the superior court. Except for judges specified in the next paragraph of this subsection, subsection (b1) of this section, an appointee to the office of judge of superior court shall hold his place office until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office.

(b1)      Appointees under this section for judges of the superior court from any district:

(1)        With district with only one resident judge; judge or

(2)        In in which no county is subject to section 5 of the Voting Rights Act of 1965, shall hold the office until the next election of members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill an eight‑year term.

(c)        When the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.office in accordance with the requirements of this section.

(d)       Vacancies in the office of district judge which occur before the expiration of a term shall be filled in accordance with G.S. 7A‑142.

SECTION 3C.1.(b)  If a vacancy requiring nominations pursuant to G.S. 163‑9(a), as amended by subsection (a) of this section, occurred prior to the date this section becomes effective and is vacant on the date this section becomes effective, the political party executive committee making nominations as provided in G.S. 163‑9(a), as amended by subsection (a) of this section, shall have 30 days from the date this section becomes effective to make recommendations to the Governor.

SECTION 3C.1.(c)  This section applies to appointments made on or after the effective date of this act.

ABOLISH THE NORTH CAROLINA COURTS COMMISSION

SECTION 3C.2.  Article 40A of Chapter 7A of the General Statutes is repealed. All unexpended appropriations made to the Courts Commission shall revert to the General Fund.

SENIOR RESIDENT SUPERIOR COURT JUDGES SHALL SERVE IN THAT CAPACITY AT THE PLEASURE OF THE CHIEF JUSTICE

SECTION 3C.3.(a)  G.S. 7A‑41.1 reads as rewritten:

§ 7A‑41.1.  District and set of districts defined; senior resident superior court judges and their authority.

(a)        In this section and in any other law which refers to this section:

(1)        District means any superior court district established by G.S. 7A‑41 which consists exclusively of one or more entire counties;

(2)        Set of districts means any set of two or more superior court districts established under G.S. 7A‑41, none of which consists exclusively of one or more entire counties, but both or all of which include territory from the same county or counties and together comprise all of the territory of that county or those counties;

(3)        Regular resident superior court judge of the district or set of districts means a regular superior court judge who is a resident judge of any of the superior court districts established under G.S. 7A‑41 which comprise or are included in a district or set of districts as defined herein.

(b)        There shall be one and only one senior resident superior court judge for each district or set of districts as defined in subsection (a) of this section, who shall be:

(1)        Where there is only one regular resident superior court judge for the district, that judge; and

(2)        Where there are two or more regular resident superior court judges for the district or set of districts, the judge who, from among all the regular resident superior court judges of the district or set of districts, has the most continuous service as a regular resident superior court judge; provided if two or more judges are of equal seniority, the oldest of those judges shall be the senior regular resident superior court judge.the Chief Justice of the Supreme Court shall designate one of the judges as senior resident superior court judge to serve in that capacity at the pleasure of the Chief Justice.

(3)        Where there is a set of districts, the Chief Justice of the Supreme Court shall designate one of the judges as senior resident superior court judge to serve in that capacity at the pleasure of the Chief Justice, if that set of districts are wholly contained in one county that is specified in law as the sole proper venue for certain actions.

(c)        Senior resident superior court judges and regular resident superior court judges possess equal judicial jurisdiction, power, authority and status, but all duties placed by the Constitution or statutes on the resident judge of a superior court district, including the appointment to and removal from office, which are not related to a case, controversy or judicial proceeding and which do not involve the exercise of judicial power, shall be discharged, throughout a district as defined in subsection (a) of this section or throughout all of the districts comprising a set of districts so defined, for each county in that district or set of districts, by the senior resident superior court judge for that district or set of districts. That senior resident superior court judge alone among the superior court judges of that district or set of districts shall receive the salary and benefits of a senior resident superior court judge.

(d)       A senior resident superior court judge for a district or set of districts as defined in subsection (a) of this section with two or more regular resident superior court judges, by notice in writing to the Administrative Officer of the Courts, may decline to exercise the authority vested in him by this section, in which event such authority shall be exercised in the following manner:

(1)        Prior to the Chief Justice designating a senior resident superior court judge pursuant to subsection (b) of this section, by the regular resident superior court judge who, among the other regular resident superior court judges of the district or set of districts, is next senior in point of service or age, respectively.

(2)        Once the Chief Justice has designated a senior resident superior court judge pursuant to subsection (b) of this section, by that judge.

(e)        In the event a senior resident superior court judge for a district or set of districts with one or more regular resident superior court judges is unable, due to mental or physical incapacity, to exercise the authority vested in him the judge by the statute, and the Chief Justice, in his the Chief Justice's discretion, has determined that such the incapacity exists, the Chief Justice shall appoint an acting senior regular resident superior court judge from the other regular resident judges of the district or set of districts, to exercise, temporarily, the authority of the senior regular resident judge. Such The appointee shall serve at the pleasure of the Chief Justice and until his the temporary appointment is vacated by appropriate order.

SECTION 3C.3.(b)  This section is effective when it becomes law and applies to all senior resident superior court judges serving in that capacity on or after that date. Senior resident superior court judges serving in that capacity on the date this section becomes law shall be deemed to serve in that capacity at the pleasure of the Chief Justice, except those serving in that capacity pursuant to G.S. 7A‑41.1(b)(1).

SUBPART III‑D. ATTORNEY GENERAL

POWERS AND DUTIES OF THE ATTORNEY GENERAL

SECTION 3D.1.(a)  G.S. 1‑72.3 reads as rewritten:

§ 1‑72.3.  State a party to certain actions.

The State shall be a party whenever the validity or constitutionality of a local act of the General Assembly is the subject of an action in any court and, except as provided in G.S. 147‑17, shall be represented by the Attorney General. This section shall not affect any authority under General, subject to the provisions set forth in G.S. 1‑72.2 or and G.S. 120‑32.6.

SECTION 3D.1.(b)  G.S. 62‑20 is repealed.

SECTION 3D.1.(c)  G.S. 62‑15(g) reads as rewritten:

(g)      Upon request, the executive director shall employ the resources of the Public Staff to furnish to the Commission, its members, or the Attorney General, Commission or its members such information and reports or conduct such investigations and provide such other assistance as may reasonably be required in order to supervise and control the public utilities of the State as may be necessary to carry out the laws providing for their regulation.

SECTION 3D.1.(d)  G.S. 62‑70 reads as rewritten:

§ 62‑70.  Ex parte communications.

…

(f)        In addition to the foregoing provisions regarding contacts with members of the Commission and hearing examiners, if any party of record, including the assistant attorney general when he is a party, record confers with or otherwise contacts any staff personnel employed by the Commission regarding the merits of a pending proceeding, the staff employee shall promptly forward by regular mail a memorandum of the date and general subject matter of such contact to all other parties of record to the proceeding.

….

SECTION 3D.1.(e)  G.S. 62‑110.1(c) reads as rewritten:

(c)      The Commission shall develop, publicize, and keep current an analysis of the long‑range needs for expansion of facilities for the generation of electricity in North Carolina, including its estimate of the probable future growth of the use of electricity, the probable needed generating reserves, the extent, size, mix and general location of generating plants and arrangements for pooling power to the extent not regulated by the Federal Energy Regulatory Commission and other arrangements with other utilities and energy suppliers to achieve maximum efficiencies for the benefit of the people of North Carolina, and shall consider such analysis in acting upon any petition by any utility for construction. In developing such analysis, the Commission shall, as it deems necessary, confer and consult with the public utilities in North Carolina, the utilities commissions or comparable agencies of neighboring states, the Federal Energy Regulatory Commission and other agencies having relevant information and may participate as it deems useful in any joint boards investigating generating plant sites or the probable need for future generating facilities. In addition to such reports as public utilities may be required by statute or rule of the Commission to file with the Commission, any such utility in North Carolina may submit to the Commission its proposals as to the future needs for electricity to serve the people of the State or the area served by such utility, and insofar as practicable, each such utility, the Public Staff, intervenors, and the Attorney General and intervenors may attend or be represented at any formal conference conducted by the Commission in developing a plan for the future requirements of electricity for North Carolina or this region. In the course of making the analysis and developing the plan, the Commission shall conduct a public hearing on such plan in the year a biennial integrated resource plan is filed and may hold a public hearing on such plan in a year that an annual update of an integrated resource plan is filed. Each year, the Commission shall submit to the Governor and to the appropriate committees of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, and the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources a report of its analysis and plan, the progress to date in carrying out such plan, and the program of the Commission for the ensuing year in connection with such plan.

SECTION 3D.1.(f)  G.S. 62‑110.3(c) reads as rewritten:

(c)      The utility, the Public Staff, the Attorney General, and any other party may, at any time after the amount of a bond is set, apply to the Commission to raise or lower the amount based on changed circumstances.

SECTION 3D.1.(g)  G.S. 62‑300(d) reads as rewritten:

(d)      The fees and charges as set forth in subdivisions (1), (7), (9) and (10) of subsection (a) of this section shall not apply to the State of North Carolina or to any board, department, commission, institution or other agency of the State; and all applications, petitions or complaints submitted by the State of North Carolina or any board, department, commission, institution or other agency of the State shall be filed without the payment of the fees required by this section. All transcripts, papers, orders, certificates, or other records necessary to perfect an appeal, or to determine whether an appeal is to be taken, shall be furnished without charge to the Attorney General upon his request in cases in which the Attorney General appears in the public interest or as representing any board, department, commission, institution or other agency of the State.

SECTION 3D.1.(h)  G.S. 114‑2 reads as rewritten:

§ 114‑2.  Duties.

Pursuant to Section 7(2) of Article III of the North Carolina Constitution, it shall be the duty of the Attorney General:

(1)        To defend all actions in the appellate division in which the State shall be interested, or a party, and to appear for the State in any other court or tribunal in any cause or matter, civil or criminal, in which the State may be a party or interested. interested, subject to the provisions set forth in G.S. 1‑72.2 and G.S. 120‑32.6. The duty to represent the State in criminal appeals shall not be delegated to any district attorney's office or any other entity.

…

(8)        Subject to the provisions of G.S. 62‑20:

a.         To intervene, when he deems it to be advisable in the public interest, in proceedings before any courts, regulatory officers, agencies and bodies, both State and federal, in a representative capacity for and on behalf of the using and consuming public of this State. He shall also have the authority to institute and originate proceedings before such courts, officers, agencies or bodies and shall have authority to appear before agencies on behalf of the State and its agencies and citizens in all matters affecting the public interest.

b.         Upon the institution of any proceeding before any State agency by application, petition or other pleading, formal or informal, the outcome of which will affect a substantial number of residents of North Carolina, such agency or agencies shall furnish the Attorney General with copies of all such applications, petitions and pleadings so filed, and, when the Attorney General deems it advisable in the public interest to intervene in such proceedings, he is authorized to file responsive pleadings and to appear before such agency either in a representative capacity in behalf of the using and consuming public of this State or in behalf of the State or any of its agencies.

….

SECTION 3D.1.(i)  G.S. 114‑2.3 reads as rewritten:

§ 114‑2.3.  Use of private counsel limited.

(a)        Every agency, institution, department, bureau, board, or commission of the State, authorized by law to retain private counsel, shall obtain written permission from the Attorney General prior to employing private counsel. This section does not apply to counties, cities, towns, other municipal corporations or political subdivisions of the State, or any agencies of these municipal corporations or political subdivisions, or to county or city boards of education. This subsection does not apply to private counsel retained by the Judicial Department for the defense of an official or employee of the Department in any action arising from conduct undertaken in the course of the official's or employee's official duties and in which the Attorney General has declined to provide the litigation services.the Judicial Department or an agency that is under the control of an official who is a member of the Council of State.

…

(e)        The Attorney General shall report to the Joint Legislative Commission on Governmental Operations by January 1 and July 1 of each year on all contracts or engagement letters entered into by the Attorney General with private counsel to assist with any of the statutory duties of the Attorney General. The report shall disclose the amount of State funds expended under each such contract or engagement letter and a description of the legal assistance provided by private counsel.

SECTION 3D.1.(j)  Article 1 of Chapter 114 of the General Statutes is amended by adding a new section to read:

§ 114‑2.8.  Limitation on participation in foreign litigation.

The Attorney General shall not, as a party, amicus, or any other participant in an action pending before a state or federal court in another state, advance any argument that would result in the invalidation of any statute enacted by the General Assembly.

SECTION 3D.1.(k)  G.S. 120‑32.6 reads as rewritten:

§ 120‑32.6.  Certain employment authority.

(a)        Use of Private Counsel. – G.S. 114‑2.3, 143C‑6‑9(b), and 147‑17(a) through (c1) shall not apply to the General Assembly.

(b)        General Assembly Acting on Behalf of the State of North Carolina in Certain Actions. – Whenever the validity or constitutionality of an act of the General Assembly or a provision of the Constitution of North Carolina is the subject of an action in any State or federal court, the Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State through the General Assembly, shall be necessary parties and shall be deemed to be a client of the Attorney General for purposes of that action as a matter of law and pursuant to Section 7(2) of Article III of the North Carolina Constitution. In such cases, the General Assembly shall be deemed to be the State of North Carolina to the extent provided in G.S. 1‑72.2(a) unless waived pursuant to this subsection. When the General Assembly through the Speaker of the House of Representatives and President Pro Tempore of the Senate participates in such an action, the Attorney General is not authorized to take any position on behalf of the State of North Carolina that is contrary to or inconsistent with the position of the General Assembly. Additionally, in such cases, the General Assembly through the Speaker of the House of Representatives and President Pro Tempore of the Senate jointly shall possess final decision‑making authority with respect to the defense of the challenged act of the General Assembly or provision of the North Carolina Constitution. In any such action, the General Assembly, through the Speaker of the House of Representatives and the President Pro Tempore of the Senate, may waive such representation and decline to participate in the action by written notice to the Attorney General.

(c)        General Assembly Counsel Shall Be Lead Counsel. – In those instances when the General Assembly employs counsel in addition to or other than the Attorney General, the Speaker of the House of Representatives and the President Pro Tempore of the Senate may jointly designate the counsel employed by the General Assembly as lead counsel in the defense of the challenged act of the General Assembly or provision of the North Carolina Constitution. The lead counsel so designated shall possess final decision‑making authority with respect to the representation, counsel, or service for the General Assembly. In actions in which the General Assembly is deemed to be the State of North Carolina as provided in subsection (b) of this section, the lead counsel so designated shall possess final decision‑making authority with respect to the positions taken on behalf of the State, as well as the representation of, counsel to, or service provided to the State. Other counsel for the General Assembly shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel.

….

SECTION 3D.1.(l)  G.S. 135‑6(u) reads as rewritten:

(u)      Notwithstanding G.S. 114‑2.3 and G.S. 147‑17, the The Treasurer may designate legal counsel, including private counsel, to represent the interests of the administration of benefit programs under this Chapter.

SECTION 3D.1.(m)  G.S. 147‑17 reads as rewritten:

§ 147‑17.  May employ counsel in cases wherein State is interested.

(a)        No department, officer, agency, institution, commission, bureau or other organized activity of the State which receives support in whole or in part from the State shall employ private counsel, except with the approval of the Governor. The Governor shall give his approval only if the Attorney General has advised him, as provided in subsection (b) of this section, that it is impracticable for the Attorney General to render the legal services. In any case or proceeding, civil or criminal, in or before any court or agency of this State or any other state or the United States, or in any other matter in which the State of North Carolina is interested, the Governor may employ private counsel as he may deem proper or necessary to represent the interest of the State, and may fix the compensation for their services, subject to the provisions of subsection (c1) of this section. This subsection does not apply to private counsel retained by the Judicial Department for the defense of an official or employee of the Department in any action arising from conduct undertaken in the course of the official's or employee's official duties and in which the Attorney General has declined to provide the litigation services.the Judicial Department or an agency that is under the control of an official who is a member of the Council of State.

….

CLARIFY THE PROVISION OF COUNSEL TO JUDICIAL BRANCH OFFICIALS AND MAKE RELATED CHANGES

SECTION 3D.2.(a)  Article 29 of Chapter 7A of the General Statutes is amended by adding a new section to read:

§ 7A‑343.7.  Legal services for the Judicial Branch.

(a)        The Director may employ staff counsel or retain private counsel to provide legal services, including litigation services, to a current or former official or employee of the Judicial Branch in any action or matter arising in the scope and course of the official's or employee's official duties. The Director also may employ or retain counsel to provide legal services, including litigation services, to an agency, commission, conference, or other entity in the Judicial Branch. The Director shall supervise and manage counsel employed or retained under this section. The Director may use funds available to the Judicial Branch to employ or retain counsel authorized under this section.

(b)        All of the following apply when the Director employs or retains counsel under this section to provide litigation services:

(1)        Employed or retained counsel shall not provide litigation services for the defense of a civil or criminal action or proceeding brought against a current or former official or employee of the Judicial Branch if the Director determines that any of the conditions in G.S. 143‑300.4(a)(1) through (a)(4) exist. The Director's provision of litigation services for the defense of a current or former official or employee of the Judicial Branch shall raise a presumption that no grounds for refusal to defend were discovered.

(2)        If the action or proceeding for which employed or retained counsel is to provide litigation services is one in which plaintiffs or claimants seek in excess of one million dollars ($1,000,000) in damages or for which a final judgment orders the State to pay the sum of one million dollars ($1,000,000) or more, the Director shall report the litigation to the Attorney General's office and the Attorney General shall complete reports under G.S. 114‑2.6.

(3)        Judgments and settlements in actions or proceedings against current or former Judicial Branch officials or employees where the Director has approved the provision of litigation services shall be paid by the State in accordance with G.S. 143‑300.6(a) as modified by subsection (c) of this section.

(4)        If the settlement or resolution of the action involves the sum of seventy‑five thousand dollars ($75,000) or more, the Director shall report the settlement to the Attorney General's office, and the Attorney General shall complete reports under G.S. 114‑2.4(b).

(c)        When the Attorney General provides for representation in a civil or criminal action or proceeding for which a current or former official or employee of the Judicial Branch or an entity in the Judicial Branch is a party, whether under this section, G.S. 114‑2, or Article 31A of Chapter 143 of the General Statutes, any compromise or settlement must be approved by the Judicial Branch entity, official, or employee named in the action and, if the settlement or resolution involves the payment of public monies, the Director. The approval of the Attorney General shall not be required for the compromise or settlement of any claim in the action or proceeding.

(d)       When the Director employs or retains counsel under this section, G.S. 114‑2(1) through (2), 114‑2.3, 143C‑6‑9(b), and 147‑17(a) through (c1) shall not apply.

(e)        This section does not prohibit the Attorney General's office from representing an official or employee of the Judicial Branch pursuant to Article 31A of Chapter 143 of the General Statutes upon that official's or employee's request to the Attorney General.

(f)        The coverage afforded a current or former official or employee of the Judicial Branch under this section shall be excess coverage over any commercial liability insurance, other than insurance written under G.S. 58‑32‑15, up to the limit provided in G.S. 143‑300.6(a).

(g)        All communications or documents made or used in connection with the provision of legal services by counsel employed or retained under this section are not public records as defined by G.S. 132‑1 and shall not be open to public inspection, examination, or copying.

(h)        The following definitions apply in this section:

(1)        Civil or criminal action or proceeding as defined in G.S. 143‑300.2.

(2)        Employee as defined in G.S. 143‑300.2.

(3)        Litigation services includes legal work conducted in anticipation of, or in preparation for, any suit or action.

(4)        Private counsel includes any licensed attorney retained by, engaged by, or otherwise representing a current or former Judicial Branch employee, officer, or entity but does not include a licensed attorney who holds a permanent budgeted position in either the Department of Justice or the applicable Judicial Branch entity.

SECTION 3D.2.(b)  G.S. 114‑2.2 is amended by adding a new subsection to read:

(d)      Subsection (a) of this section does not apply to consent judgments entered into by an entity, officer, or employee of the Judicial Branch. To be effective against the State, a consent judgment entered into by an entity of the Judicial Branch, or officer or employee of the Judicial Branch who is a party in his or her official capacity, must be signed by the Director of the Administrative Office of the Courts.

SECTION 3D.2.(c)  G.S. 114‑2.4 reads as rewritten:

§ 114‑2.4.  Settlement agreements.

(a)        The Attorney General shall review the terms of all proposed agreements entered into by the State or a State department, agency, institution, or officer to settle or resolve litigation or potential litigation, that involves the payment of public monies in the sum of seventy‑five thousand dollars ($75,000) or more. In order for such an agreement or contract to be effective against the State, the Attorney General shall submit to the State or the State department, agency, institution, or officer a written opinion regarding the terms of the proposed agreement and the advisability of entering into the agreement, prior to entering into the agreement. The written opinion required by this section shall be maintained in the official file of the final settlement agreement. The Attorney General by rule may delegate to a deputy or assistant Attorney General or to another subordinate the authority to review settlement agreements. This subsection shall not apply to proposed agreements entered into by an entity, officer, or employee of the Judicial Branch.

…

(a3)      Where a dispute, claim, or controversy is brought against an entity, official, or employee of the Judicial Branch, a proposed settlement agreement or other agreement that would require the payment of monies from State funds, including potential attorneys' fees, shall be approved by the Director of the Administrative Office of the Courts, or by and through a designee of his or her choice, before the agreement may be entered.

….

SECTION 3D.2.(d)  G.S. 143C‑6‑9(b) reads as rewritten:

(b)      Lapsed salary savings shall not be used to pay for litigation services provided by private counsel. As used in this subsection, litigation services and private counsel are as defined in G.S. 147‑17(c1) and G.S. 114‑2.3(d). This subsection does not apply to litigation services provided by private counsel retained by the Judicial Department for the defense of an official or employee of the Department in any action arising from conduct undertaken in the course of the official's or employee's official duties and in which the Attorney General has declined to provide the litigation services.legal services provided to the Judicial Branch under G.S. 7A‑343.7(a).

SECTION 3D.2.(e)  G.S. 7A‑343(17) reads as rewritten:

(17)    Review requests for To employ staff counsel or retain private counsel for the defense of a to provide legal services for the Judicial Department official or employee. Department. The Director may approve the expenditure of lapsed salary savings to retain private counsel to provide litigation services for the defense of an official or employee of the Judicial Department in any action arising from conduct undertaken in the course of the official's or employee's official duties and in which the Attorney General has declined to provide the litigation services. For purposes of this subdivision, the terms litigation services and private counsel are as defined in G.S. 147‑17 and G.S. 114‑2.3.pay for legal services under G.S. 7A‑343.7(a).

SUBPART III‑E. STATE HIGHWAY PATROL

MAKE STATE HIGHWAY PATROL INDEPENDENT DEPARTMENT

SECTION 3E.1.(a)  The State Highway Patrol is established in this subpart as a single, unified cabinet‑level department. All functions, powers, duties, and obligations vested in the State Highway Patrol under the Department of Public Safety are transferred to, vested in, and consolidated within the State Highway Patrol in the manner of a Type I transfer as defined in G.S. 143A‑6.

SECTION 3E.1.(b)  G.S. 143B‑2 reads as rewritten:

§ 143B‑2.  Interim applicability of the Executive Organization Act of 1973.

The Executive Organization Act of 1973 shall be applicable only to the following named departments:

…

(14)      State Highway Patrol.

SECTION 3E.1.(c)  G.S. 143B‑6 reads as rewritten:

§ 143B‑6.  Principal departments.

In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:

…

(16)      State Highway Patrol.

SECTION 3E.1.(d)  G.S. 126‑5(c1) is amended by adding a new subdivision to read:

(40)    Employees of the State Highway Patrol, that the Commander of the State Highway Patrol, at any time, in the Commander of the State Highway Patrol's discretion, exempts from the application of this Chapter by means of a letter to the Director of the Office of State Human Resources designating these employees. The Commander of the State Highway Patrol may exempt no more than 10 employees under the authorization set forth in this subdivision.

SECTION 3E.1.(e)  Chapter 143B of the General Statutes is amended by adding a new Article 17 to be entitled State Highway Patrol.

SECTION 3E.1.(f)  Article 17 of Chapter 143B of the General Statutes, as enacted by subsection (e) of this section, is amended by adding a new Part 1 to be entitled General Provisions.

SECTION 3E.1.(g)  G.S. 20‑184 is recodified as G.S. 143B‑1700 under Part 1 of Article 17 of Chapter 143B of the General Statutes as created by subsection (f) of this section.

SECTION 3E.1.(h)  Article 17 of Chapter 143B of the General Statutes, as enacted by subsection (e) of this section, is amended by adding a new Part 2 to be entitled State Highway Patrol Division.

SECTION 3E.1.(i)  Except as otherwise provided in subsection (g) of this section, Article 4 of Chapter 20 of the General Statutes is recodified under Part 2 of Article 17 of Chapter 143B of the General Statutes as created by subsections (e) and (h) of this section, as follows:

            Former Citation                                                          Recodified Citation

            20‑185                                                                         143B‑1705

            20‑185.1                                                                      143B‑1710

            20‑186                                                                         143B‑1711

            20‑187                                                                         143B‑1712

            20‑187.1                                                                      143B‑1713

            20‑187.3                                                                      143B‑1714

            20‑187.5                                                                      143B‑1715

            20‑188                                                                         143B‑1716

            20‑189                                                                         143B‑1717

            20‑189.1                                                                      143B‑1718

            20‑189.2                                                                      143B‑1719

            20‑190                                                                         143B‑1720

            20‑190.1                                                                      143B‑1721

            20‑190.3                                                                      143B‑1722

            20‑191                                                                         143B‑1723

            20‑192                                                                         143B‑1724

            20‑195                                                                         143B‑1725

            20‑196                                                                         143B‑1726

            20‑196.2                                                                      143B‑1727

            20‑196.3                                                                      143B‑1728

            20‑196.4                                                                      143B‑1729

            20‑196.5                                                                      143B‑1730

SECTION 3E.1.(j)  G.S. 143B‑602.1 is recodified as G.S. 143B‑1710.1 under Part 2 of Article 17 of Chapter 143B of the General Statutes as created by subsection (h) of this section.

SECTION 3E.1.(k)  All functions, powers, duties, and obligations vested in the State Capitol Police Division of the Department of Public Safety are transferred to, vested in, and consolidated within the State Highway Patrol by a Type I transfer, as defined in G.S. 143A‑6.

SECTION 3E.1.(l)  Article 17 of Chapter 143B of the General Statutes, as enacted by subsection (e) of this section, is amended by adding a new Part 3 to be entitled State Capitol Police Division.

SECTION 3E.1.(m)  Subpart B of Part 4 of Article 13 of Chapter 143B of the General Statutes is recodified as Part 3 of Article 17 of Chapter 143B of the General Statutes, as enacted by subsection (l) of this section, as follows:

                  Former Citation                                                    Recodified Citation

                  143B‑911                                                              143B‑1750

SECTION 3E.1.(n)  All statutory authority, powers, duties, and functions including rulemaking, budgeting, purchasing, records, personnel, personnel positions, salaries, property, and unexpended balances of appropriations, allocations, reserves, support costs, and other funds allocated to the Department of Public Safety for the regulation and enforcement of commercial motor vehicles, oversize and overweight vehicles, motor carrier safety, and mobile and manufactured housing are transferred to and vested in the State Highway Patrol. This transfer has all the elements of a Type I transfer, as defined in G.S. 143A‑6.

The State Highway Patrol shall be considered a continuation of the transferred portion of the Department of Public Safety for the purpose of succession to all rights, powers, duties, and obligations of the Department of Public Safety currently performed by the Motor Carrier Enforcement Administrative Section located administratively in the State Highway Patrol prior to the enactment of subsection (a) of this section.

All equipment, supplies, personnel, or other properties rented or controlled by the Department of Public Safety for the regulation and enforcement of commercial motor vehicles, oversize and overweight vehicles, motor carrier safety, and mobile and manufactured housing shall be administered by the State Highway Patrol.

SECTION 3E.1.(o)  All sworn law enforcement personnel located in the Department of Transportation, Division of Motor Vehicles License and Theft Bureau, including the personnel positions, salaries, property, and other funds allocated for sworn law enforcement personnel, are transferred to the State Highway Patrol. All statutory authority, powers, duties, and functions currently statutorily assigned to the Department of Transportation, Division of Motor Vehicles, and performed by the Department of Transportation, Division of Motor Vehicles License and Theft Bureau, that are required to be performed by sworn law enforcement personnel are transferred to the State Highway Patrol. This transfer has all the elements of a Type I transfer, as defined in G.S. 143A‑6.

The State Highway Patrol shall be considered a continuation of the transferred portion of the Department of Transportation, Division of Motor Vehicles License and Theft Bureau, for the purpose of succession to all rights, powers, duties, and obligations of the transferred portion of the License and Theft Bureau and of those rights, powers, duties, and obligations exercised by the Department of Transportation, Division of Motor Vehicles, on behalf of the transferred portion of the License and Theft Bureau.

All equipment, supplies, or other properties rented or controlled by the Department of Transportation, Division of Motor Vehicles License and Theft Bureau, for the use by or benefit of sworn law enforcement personnel shall be administered by the State Highway Patrol.

SECTION 3E.1.(p)  Article 17 of Chapter 143B of the General Statutes, as enacted by subsections (e), (f), (h), and (l) of this section, reads as rewritten:

Article 17.

State Highway Patrol.

Part 1. General Provisions.

§ 143B‑1700.  Patrol under supervision of Department of Public Safety.Organization.

The Secretary of Public Safety, under the direction of the Governor, shall have supervision, direction and control of the State Highway Patrol. The Secretary shall establish in the Department of Public Safety a State Highway Patrol Division, prescribe regulations governing the Division, and assign to the Division such duties as the Secretary may deem proper.

(a)        There is established the State Highway Patrol. The head of the State Highway Patrol is the Commander of the State Highway Patrol (Commander).

(b)        The Commander shall be appointed by the Governor for a term of five years subject to confirmation by the General Assembly by joint resolution. The first full five‑year term shall begin July 1, 2025. The Commander shall be appointed by the Governor from the uniformed members of the North Carolina State Highway Patrol who have met all requirements for employment within the Patrol, including completion of the basic Patrol school, and the Commander's rank shall be designated by the Governor.

The Governor shall submit the name of the person to be appointed, for confirmation by the General Assembly, to the General Assembly by May 1 of the year in which the Commander is to be appointed. If the Governor does not submit the name by that date, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall submit a name to the General Assembly on or before May 15 of the same year. The appointment shall then be made by enactment of a bill. The bill shall state the name of the person being appointed, the office to which the appointment is being made, the effective date of the appointment, the date of expiration of the term, the residence of the appointee, and that the appointment is made upon the joint recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Nothing precludes any member of the General Assembly from proposing an amendment to any bill making such an appointment. If there is no vacancy in the office of the Commander of the State Highway Patrol and a bill that would confirm the appointment of the person as Commander fails a reading in either chamber of the General Assembly, then the Governor shall submit a new name within 30 days.

(c)        In case of a vacancy in the office of Commander of the State Highway Patrol for any reason prior to the expiration of the Commander's term of office, the name of the Commander's successor shall be submitted by the Governor to the General Assembly not later than 60 days after the vacancy arises. If a vacancy arises in the office when the General Assembly is not in session, an acting Commander shall be appointed by the Governor to serve pending confirmation by the General Assembly. However, in no event shall an acting Commander serve (i) for more than 12 months without General Assembly confirmation or (ii) after a bill that would confirm the appointment of the person as Commander fails a reading in either chamber of the General Assembly.

(d)       The powers and duties of the chiefs, directors, and the divisions of the State Highway Patrol shall be subject to the direction and control of the Commander of the State Highway Patrol.

§ 143B‑1701.  Powers and duties of the State Highway Patrol.

It shall be the duty of the State Highway Patrol to do all of the following:

(1)        To provide assigned law enforcement and emergency services to protect the public against crime and against natural and man‑made disasters.

(2)        To plan and direct a coordinated effort by the law enforcement agencies of State government and to ensure maximum cooperation between State and local law enforcement agencies in the fight against crime.

(3)        To serve as the State's chief coordinating agency to control crime, to ensure the safety of the public, and to ensure an effective and efficient State criminal justice system.

(4)        To have charge of investigations of criminal matters particularly set forth in this Article and of other crimes and areas of concern as the General Statutes or the Governor may direct.

(5)        To regularly patrol the highways of the State and enforce all laws and regulations respecting travel and the use of vehicles upon the highways of the State and all laws for the protection of the highways of the State.

(6)        To develop a plan for a coordinated and integrated electronic communications system for State government and cooperating local agencies, including coordination and integration of existing electronic communications systems.

§ 143B‑1702.  Powers and duties of the Commander of the State Highway Patrol.

The Commander of the State Highway Patrol shall have the powers and duties as are conferred on the Commander by this Article, delegated to the Commander by the Governor, and conferred on the Commander by the Constitution and laws of this State. These powers and duties include the following:

(1)        Provision of assistance to other agencies. – The Commander, through appropriate subunits of the State Highway Patrol, shall, at the request of the Governor, provide assistance to State and local law enforcement agencies, district attorneys, and judges when called upon by them and so directed.

(2)        Rulemaking. – The Commander is authorized to adopt rules and procedures for the implementation of this section.

(3)        Other powers and duties. – The Commander has the following additional powers and duties:

a.         Adopting rules as may be required by the federal government for federal grants‑in‑aid for criminal justice purposes and to implement and carry out the regulatory and enforcement duties assigned to the State Highway Patrol as provided by the various commercial vehicle, oversize/overweight, motor carrier safety, motor fuel, and mobile and manufactured home statutes.

b.         Appointing a special police officer to serve as Chief of the State Capitol Police Division.

Part 2. State Highway Patrol Division.

§ 143B‑1705.  Personnel; appointment; salaries.

(a)        The State Highway Patrol shall consist of a commanding officer, who shall be appointed by the Governor and whose rank shall be designated by the Governor, and such additional subordinate officers and members as the Secretary of Public Safety, with the approval of the Governor, shall direct. Members of the State Highway Patrol Division shall be appointed by the Secretary, Commander, with the approval of the Governor, and shall serve at the pleasure of the Governor and Secretary. Commander. The commanding officer, Commander, other officers and members of the State Highway Patrol Division shall be paid such salaries as may be established by the Division of Personnel of the Department of Administration. Notwithstanding any other provision of this Article, the number of supervisory personnel of the State Highway Patrol Division shall not exceed a number equal to twenty‑one percent (21%) of the personnel actually serving as uniformed highway patrolmen. Nothing in the previous sentence is intended to require the demotion, reassignment or change in status of any member of the State Highway Patrol Division presently assigned in a supervisory capacity. If a reduction in the number of Highway Patrol Division personnel assigned in supervisory capacity is required in order for the State Highway Patrol Division to meet the mandatory maximum percentage of supervisory personnel as set out in the fourth sentence of this subsection, that reduction shall be achieved through normal attrition resulting from supervisory personnel resigning, retiring or voluntarily transferring from supervisory positions.

(a1)      Applicants for employment as a State Trooper shall be at least 21 years of age and not more than 39 years of age as of the first day of patrol school. Highway Patrol enforcement personnel hired on or after July 1, 2013, shall retire not later than the end of the month in which their 62nd birthday falls.

(b) to (f)              Repealed by Session Laws 1979, 2nd Session, c. 1272, s. 2.

(g),       (h) Struck out by Session Laws 1961, c. 833, s. 6.2.

(i)         Positions in the State Highway Patrol Division approved by the General Assembly in the first fiscal year of a biennium to be added in the second fiscal year of a biennium may not be filled before adjustments to the budget for the second fiscal year of the budget are enacted by the General Assembly. If a position to be added in the State Highway Patrol Division for the second fiscal year of the biennium requires training, no applicant may be trained to fill the position until the budget adjustments for the second fiscal year are enacted by the General Assembly.

§ 143B‑1710.  Trooper training; reimbursement.

(a)        Trooper Training Reimbursement. – The training of State Troopers is a substantial investment of State resources that provides individuals with skills that are transferable to other law enforcement opportunities. The State may require an individual to agree in writing to reimburse a portion of the training costs incurred if the individual completes the training and becomes a State Trooper but does not remain a State Trooper for 36 months. The portion of the State's cost to be reimbursed is thirty‑six thousand dollars ($36,000), less one thousand dollars ($1,000) for each month an individual served as a State Trooper and member of the State Highway Patrol.

(b)        Administration. – The Secretary of Public Safety Commander shall perform all of the administrative functions necessary to implement the reimbursement agreements required by this section, including rule making, disseminating information, implementing contracts, and taking other necessary actions.

(c)        Hardships. – No contract shall be enforced under this section if the Secretary Commander finds that it is impossible for the individual to serve as a member of the State Highway Patrol Division due to death, health‑related reasons, or other hardship.

(d)       Law Enforcement Agency Requirements. – If a State Trooper separates from the State Highway Patrol Division before 36 months of service following completion of the training program and the State Trooper is hired within six months of separation from the State Highway Patrol Division by a municipal law enforcement agency, a Sheriff's office, or a company police agency certified under Chapter 74E of the General Statutes, then that hiring entity is liable to the State in the amount of thirty‑six thousand dollars ($36,000), to be paid in full within 90 days of the date the State Trooper is employed by the hiring entity. No hiring entity shall make any arrangement to circumvent any portion of this subsection.

§ 143B‑1710.1.  Annual report on trooper training reimbursement agreements.

By January 1, 2021, and annually thereafter, the Secretary Commander shall report to the Joint Legislative Oversight Committee on Justice and Public Safety regarding the following:

(1)        The implementation of the trooper training reimbursement agreements required under G.S. 20‑185.1.G.S. 143B‑1710.

(2)        The amount of reimbursements received from individuals who did not remain employed as State Troopers for 36 months after completing training and the amount of reimbursements received from other law enforcement agencies, as required under G.S. 20‑185.1(d).G.S. 143B‑1710(d).

(3)        Program outcomes, including the turnover rate for individuals employed as State Troopers on and after the date the Department of Public Safety implemented the trooper training reimbursement agreements.agreements were implemented.

§ 143B‑1711.  Oath of office.

Each member of the State Highway Patrol Division shall subscribe and file with the Secretary of Public Safety Commander of the State Highway Patrol an oath of office for the faithful performance of his the member's duties.

§ 143B‑1712.  Orders and rules for organization and conduct.

The Secretary of Public Safety Commander is authorized and empowered to make all necessary orders, rules and regulations for the organization, assignment, and conduct of the members of the State Highway Patrol. Patrol Division. Such orders, rules and regulations shall be subject to the approval of the Governor.

§ 143B‑1713.  Awards.

(a)        The patrol commander Commander shall appoint an awards committee consisting of one troop commander, one troop executive officer, one district sergeant, one corporal, two troopers and one member of patrol headquarters staff. All committee members shall serve for a term of one year. The member from patrol headquarters staff shall serve as secretary to the committee and shall vote only in case of ties. The committee shall meet at such times and places designated by the patrol commander.Commander.

(b)        The award to be granted under the provisions of this section shall be the North Carolina State Highway Patrol award of honor. The North Carolina State Highway Patrol award of honor is awarded in the name of the people of North Carolina and by the Governor to a person who, while a member of the North Carolina State Highway Patrol, distinguishes himself conspicuously by gallantry and intrepidity at the risk of personal safety and beyond the call of duty while engaged in the preservation of life and property. The deed performed must have been one of personal bravery and self‑sacrifice so conspicuous as to clearly distinguish the individual above his colleagues and must have involved risk of life. Proof of the performance of the service will be required and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit.

(c)        Recipients of the awards hereinabove provided for will be entitled to receive a framed certificate of the award and an insignia designed to be worn as a part of the State Highway Patrol uniform.

(d)       The awards committee shall review and investigate all reports of outstanding service and shall make recommendations to the patrol commander Commander with respect thereto. The committee shall consider members of the Patrol for the awards created by this section when properly recommended by any individual having personal knowledge of an act, achievement or service believed to warrant the award of a decoration. No recommendation shall be made except by majority vote of all members of the committee. All recommendations of the committee shall be in writing and shall be forwarded to the patrol commander.Commander.

(e)        Upon receipt of a recommendation of the committee, the patrol commander Commander shall inquire into the facts of the matter and shall reduce his recommendation to writing. The patrol commander shall forward his recommendation, together with the recommendation of the committee, to the Secretary of Public Safety. The Secretary shall have final authority to approve or disapprove recommendations affecting the issuance of all awards except the award of honor. All recommendations for the award of honor shall be forwarded to the Governor for final approval or disapproval.

(f)        The patrol commander shall, with the approval of the Secretary, Commander shall establish all necessary rules and regulations to fully implement the provisions of this section and such rules and regulations shall include, but shall not be limited to, the following:

(1)        Announcement of awardsawards.

(2)        Presentation of awardsawards.

(3)        Recording of awardsawards.

(4)        Replacement of awardsawards.

(5)        Authority to wear award insignias.

§ 143B‑1714.  Quotas prohibited.

(a)        The Secretary of Public Safety Commander shall not make or permit to be made any order, rule, or regulation requiring the issuance of any minimum number of traffic citations, or ticket quotas, by any member or members of the State Highway Patrol. Pay and promotions of members of the Highway Patrol shall be based on their overall job performance and not on the 7basis of the volume of citations issued or arrests made. Members of the Highway Patrol shall be subject to the salary schedule established by the Secretary of Public Safety Commander and shall receive longevity pay for service as applicable to other State employees generally.

(b)        Repealed by Session Laws 2018‑5, s. 35.25(b), effective July 1, 2018.

§ 143B‑1715.  Trademark authorization.

The North Carolina Troopers Association is authorized to use all trademarks identifying the North Carolina State Highway Patrol held by the North Carolina Department of Public Safety State Highway Patrol or its Divisions. The use authorized under this section shall be limited to purposes that support the State Highway Patrol, employees of the State Highway Patrol, and the family members of the employees of the State Highway Patrol.

§ 143B‑1716.  Duties of Highway Patrol.

The State Highway Patrol shall be subject to such orders, rules and regulations as may be adopted by the Secretary of Public Safety, Commander, with the approval of the Governor, and shall regularly patrol the highways of the State and enforce all laws and regulations respecting travel and the use of vehicles upon the highways of the State and all laws for the protection of the highways of the State. To this end, the members of the Patrol are given the power and authority of peace officers for the service of any warrant or other process issuing from any of the courts of the State having criminal jurisdiction, and are likewise authorized to arrest without warrant any person who, in the presence of said officers, is engaged in the violation of any of the laws of the State regulating travel and the use of vehicles upon the highways, or of laws with respect to the protection of the highways, and they shall have jurisdiction anywhere within the State, irrespective of county lines. The State Highway Patrol shall enforce the provisions of G.S. 14‑399.

The State Highway Patrol shall have full power and authority to perform such additional duties as peace officers as may from time to time be directed by the Governor, and such officers may at any time and without special authority, either upon their own motion or at the request of any sheriff or local police authority, arrest persons accused of highway robbery, bank robbery, murder, or other crimes of violence.

The Secretary of Public Safety Commander shall direct the officers and members of the State Highway Patrol in the performance of such other duties as may be required for the enforcement of the motor vehicle laws of the State.

Members of the State Highway Patrol, in addition to the duties, power and authority hereinbefore given, shall have the authority throughout the State of North Carolina of any police officer in respect to making arrests for any crimes committed in their presence and shall have authority to make arrests for any crime committed on any highway.

Regardless of territorial jurisdiction, any member of the State Highway Patrol who initiates an investigation of an accident or collision may not relinquish responsibility for completing the investigation, or for filing criminal charges as appropriate, without clear assurance that another law‑enforcement officer or agency has fully undertaken responsibility, and in such cases he shall render reasonable assistance to the succeeding officer or agency if requested.

The State Highway Patrol recognizes the need to utilize private wrecker services to remove vehicles from public roadways as part of its public safety responsibility. In order to assure that this public safety responsibility is accomplished, the Troop Commander shall include on the Highway Patrol's rotation wrecker list only those wrecker services which agree in writing to impose reasonable charges for work performed and present one bill to the owner or operator of any towed vehicle. Towing, storage, and related fees charged may not be greater than fees charged for the same service for nonrotation calls that provide the same service, labor, and conditions.

§ 143B‑1717.  Patrolmen assigned to Governor's office.

The Secretary of Public Safety, Commander, at the request of the Governor, shall assign and attach two members of the State Highway Patrol to the office of the Governor, there to be assigned such duties and perform such services as the Governor may direct. The cost of the State Highway Patrol members so assigned to the office of the Governor shall be paid from appropriations made to the Department of Public Safety.State Highway Patrol.

§ 143B‑1718.  Lieutenant Governor Executive Protection Detail.

(a)        Creation. – There is created within the State Highway Patrol a Lieutenant Governor's Executive Protection Detail. The Lieutenant Governor shall submit the names of three sworn members in good standing of the North Carolina Highway Patrol to the Commander, and the Commander shall assign those officers to serve in the Lieutenant Governor's Executive Protection Detail. The Lieutenant Governor is authorized to remove any members of the detail, with or without cause. If the Lieutenant Governor removes a member of the detail, the Lieutenant Governor shall submit to the Commander the name of an officer to replace the member who has been removed and the Commander shall assign the replacement. Members of the Lieutenant Governor's Executive Protection Detail shall continue to be employed by the North Carolina Highway Patrol subject to the laws, rules, and regulations of the Highway Patrol. The North Carolina Highway Patrol shall provide vehicles necessary for the carrying out of the Detail's duties under this Article.

(b)        Duties. – The members of the Lieutenant Governor's Executive Protection Detail shall protect the Lieutenant Governor and the Lieutenant Governor's immediate family and perform duties as assigned by the Lieutenant Governor relating to the protection of the Lieutenant Governor.

§ 143B‑1719.  State Highway Patrol Security Detail.

The Speaker of the House of Representatives and the President Pro Tempore of the Senate, while traveling within the State on State business, may request a security detail. The request shall be made to the commander Commander of the State Highway Patrol. If the request is made at least 48 hours in advance, the commander Commander shall provide the detail. If the request is made less than 48 hours in advance, the commander Commander shall provide the detail unless doing so would otherwise impair the ability of the State Highway patrol to perform its lawful duties.

§ 143B‑1720.  Uniforms; motor vehicles and arms; expense incurred; color of vehicle.

The Department of Public Safety State Highway Patrol shall adopt some distinguishing uniform for the members of said the State Highway Patrol, Patrol Division and furnish each member of the Patrol with an adequate number of said the uniforms and each member of said the Patrol force when on duty shall be dressed in said the uniform. The Department of Public Safety State Highway Patrol shall likewise furnish each member of the Patrol with a suitable motor vehicle, and necessary arms, and provide for all reasonable expense incurred by said the Patrol while on duty, provided, that not less than eighty‑three percent (83%) of the number of motor vehicles operated on the highways of the State by members of the State Highway Patrol shall be painted a uniform color of black and silver.

§ 143B‑1721.  Patrol vehicles to have sirens; sounding siren.

Every motor vehicle operated on the highways of the State by officers and members of the State Highway Patrol shall be equipped with a siren. Whenever any such officer or member operating any unmarked car shall overtake another vehicle on the highway after sunset of any day and before sunrise for the purpose of stopping the same or apprehending the driver thereof, he shall sound said siren before stopping such other vehicle.

§ 143B‑1722.  Assignment of new highway patrol cars.

All new highway patrol cars, whether marked or unmarked, placed in service after July 1, 1985, shall be assigned to all members of the Highway Patrol.

§ 143B‑1723.  Use of facilities.

Office space and other equipment and facilities of the Division of Motor Vehicles, Department of Transportation, presently being used by the State Highway Patrol shall continue to be used by the Patrol, and joint use of space, equipment and facilities between any division of the Department of Transportation and the State Highway Patrol may continue, unless such arrangements are changed by agreements between the Secretary of Public Safety Commander of the State Highway Patrol and the Secretary of Transportation.

§ 143B‑1724.  Shifting of personnel from one district to another.

The commanding officer Commander of the State Highway Patrol under such rules and regulations as the Department of Public Safety may prescribe shall have authority from time to time to shift the forces from one district to another, or to consolidate more than one district force at any point for special purposes. Whenever a member of the State Highway Patrol is transferred from one point to another for the convenience of the State or otherwise than upon the request of the Highway Patrol member, the Department State Highway Patrol shall be responsible for transporting the household goods, furniture and personal apparel of the Highway Patrol member and members of the Highway Patrol member's household.

§ 143B‑1725.  Cooperation between Patrol and local officers.

The Secretary of Public Safety Commander of the State Highway Patrol, with the approval of the Governor, through the State Highway Patrol, shall encourage the cooperation between the Highway Patrol and the several municipal and county peace officers of the State for the enforcement of all traffic laws and the proper administration of the Uniform Drivers' License Law, and arrangements for compensation of special services rendered by such local officers out of the funds allotted to the State Highway Patrol may be made, subject to the approval of the Director of the Budget.

§ 143B‑1726.  Statewide radio system authorized; use of telephone lines in emergencies.

The Secretary of Public Safety, through Commander of the State Highway Patrol is hereby authorized and directed to set up and maintain a statewide radio system, with adequate broadcasting stations so situate as to make the service available to all parts of the State for the purpose of maintaining radio contact with the members of the State Highway Patrol and other officers of the State, to the end that the traffic laws upon the highways may be more adequately enforced and that the criminal use of the highways may be prevented. The Secretary of Public Safety, through Commander of the State Highway Patrol, is hereby authorized to establish a plan of operation in accordance with Federal Communication Commission rules so that all certified law‑enforcement officers within the State may use the law enforcement emergency frequency of 155.475MHz.

The Secretary of Public Safety Commander of the State Highway Patrol is likewise authorized and empowered to arrange with the various telephone companies of the State for the use of their lines for emergency calls by the members of the State Highway Patrol, if it shall be found practicable to arrange apparatus for temporary contact with said telephone circuits along the highways of the State.

In order to make this service more generally useful, the various boards of county commissioners and the governing boards of the various cities and towns are hereby authorized and empowered to provide radio receiving sets in the offices and vehicles of their various officers, and such expenditures are declared to be a legal expenditure of any funds that may be available for police protection.

§ 143B‑1727.  Use of aircraft to discover certain motor vehicle violations; declaration of policy.

The State Highway Patrol is hereby permitted the use of aircraft to discover violations of Part 10 of Article 3 of Chapter 20 of the General Statutes relating to operation of motor vehicles and rules of the road. It is hereby declared the public policy of North Carolina that the aircraft should be used primarily for accident prevention and should also be used incident to the issuance of warning citations in accordance with the provisions of G.S. 20‑183.

§ 143B‑1728.  Who may hold supervisory positions over sworn members of the Patrol.

Notwithstanding any other provision of the General Statutes, only the following individuals may hold a supervisory position over sworn members of the Patrol:

(1)        The Governor.

(2)        The Secretary of Public Safety.

(3)        A uniformed member of the North Carolina State Highway Patrol who has met all requirements for employment within the Patrol, including completion of the basic Patrol school.

§ 143B‑1729.  Oversized and hazardous shipment escort fee.

(a)        Every person, firm, corporation, or entity required by the North Carolina Department of Transportation or any federal agency or commission to have a law enforcement escort provided by the State Highway Patrol for the transport of any oversized load or hazardous shipment by road or rail shall pay to the Department of Public Safety State Highway Patrol a fee covering the full cost to administer, plan, and carry out the escort within this State.

(b)        If the State Highway Patrol provides an escort to accompany the transport of oversized loads or hazardous shipments by road or rail at the request of any person, firm, corporation, or entity that is not required to have a law enforcement escort pursuant to subsection (a) of this section, then the requester shall pay to the Department of Public Safety State Highway Patrol a fee covering the full cost to administer, plan, and carry out the escort within this State.

(c)        A fee established under this section is subject to G.S. 12‑3.1. The full cost of an escort includes costs for vehicle or equipment maintenance required before or after an escort to ensure the visibility and safety of the law enforcement escort and the motoring public.

(d)       All fees collected pursuant to this section shall be placed in a special Escort Fee Account. Revenue in the account is annually appropriated to the Department State Highway Patrol to reimburse the Department State Highway Patrol for its expenses in providing escorts under this section.

(e)        Repealed by Session Laws 2010‑129, s. 4, effective July 21, 2010.

§ 143B‑1730.  Report on gang prevention recommendations.

The State Highway Patrol, in conjunction with the State Bureau of Investigation and the Governor's Crime Commission, shall develop recommendations concerning the establishment of priorities and needed improvements with respect to gang prevention and shall report those recommendations to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1 of each year.

Part 3. State Capitol Police Division.

§ 143B‑1750.  Creation of State Capitol Police Division; powers and duties.

(a)        Division Established. – There is created the State Capitol Police Division of the Department of Public Safety State Highway Patrol with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Part.

(b)        Purpose. – The State Capitol Police Division shall serve as a police agency of the Department of Public Safety. State Highway Patrol. The Chief of the State Capitol Police, appointed by the Secretary Commander pursuant to G.S. 143B‑602, G.S. 143B‑1702, with the approval of the Governor, may appoint as police officers such reliable persons as the Chief may deem necessary.

(c)        Appointment of Officers. – Police officers appointed pursuant to this section may not exercise the power of arrest until they shall take an oath, to be administered by any person authorized to administer oaths, as required by law.

(d)       Jurisdiction of Officers. – Each State Capitol Police officer shall have the following authority:

(1)        The same power of arrest as the police officers of the City of Raleigh. Such authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh.

(2)        The same authority as a deputy sheriff in buildings and on the grounds of property owned, leased, or maintained by the State located in Wake County.

(3)        The same authority as a deputy sheriff in a building or a portion of a building, or on the grounds thereof, when owned or leased by the State, located anywhere in the State, when the State agency responsible for that building or any portion thereof executes a written agreement for service with the State Capitol Police related to that specific building or portion thereof.

(e)        Public Safety. – The Chief of the State Capitol Police, or the Chief's designee, shall exercise at all times those means that, in the opinion of the Chief or the designee, may be effective in protecting all State buildings and grounds, except for the State legislative buildings and grounds as defined in G.S. 120‑32.1(d), and the persons within those buildings and grounds from fire, bombs, bomb threats, or any other emergency or potentially hazardous conditions, including both the ordering and control of the evacuation of those buildings and grounds. The Chief, or the Chief's designee, may employ the assistance of other available law enforcement agencies and emergency agencies to aid and assist in evacuations of those buildings and grounds.

SECTION 3E.1.(q)  Notwithstanding any provision of law to the contrary, positions exempted within the State Highway Patrol, State Capitol Police, or Division of Motor Vehicles by the Governor under the authority set forth in G.S. 126‑5(d)(1) and transferred to the State Highway Patrol pursuant to this section shall no longer be exempt under that authority upon the effective date of this section. Nothing in this subsection shall be construed as prohibiting the Commander of the State Highway Patrol from exempting those same positions under the authority set forth in G.S. 126‑5(c1)(40), as enacted by subsection (d) of this section.

SECTION 3E.1.(r)  The State Highway Patrol shall adopt rules or amend its rules consistent with the provisions of this section. The State Highway Patrol may use the procedure set forth in G.S. 150B‑21.1 to adopt or amend any rules as required by this subsection.

SECTION 3E.1.(s)  The Department of Transportation, Division of Motor Vehicles, in consultation with the State Highway Patrol, shall review the current statutory responsibilities assigned to the Division of Motor Vehicles that are being performed by the Division of Motor Vehicles License and Theft Bureau to determine which statutory responsibilities must be performed by sworn law enforcement personnel and make recommendations for statutory changes necessary to place those responsibilities with the State Highway Patrol. The Division shall report its findings and recommendations to the Joint Legislative Transportation Oversight Committee no later than March 1, 2025.

SECTION 3E.1.(t)  The State Highway Patrol is authorized to complete transitional training for all sworn law enforcement personnel transferred from the Department of Transportation, Division of Motor Vehicles License and Theft Bureau, pursuant to subsection (q) of this section to become State Troopers.

SECTION 3E.1.(u)  Notwithstanding the provisions of G.S. 143B‑1700, as enacted by this section, the Commander of the State Highway Patrol, position number 60084937, serving on November 18, 2024, shall, in the absence of vacancy resulting from death, resignation, or physical or mental incapacity, (i) continue to serve as the Commander of the State Highway Patrol until July 1, 2025, and (ii) serve, for the five‑year term beginning July 1, 2025, without additional nomination by the Governor or confirmation by the General Assembly.

SECTION 3E.1.(v)  G.S. 143B‑1325(c) reads as rewritten:

(c)      Participating Agencies. – The State CIO shall prepare detailed plans to transition each of the participating agencies. As the transition plans are completed, the following participating agencies shall transfer information technology personnel, operations, projects, assets, and appropriate funding to the Department of Information Technology:

(1)        Department of Natural and Cultural Resources.

(2)        Department of Health and Human Services.

(3)        Repealed by Session Laws 2018‑5, s. 37.5(b), effective June 12, 2018.

(4)        Department of Environmental Quality.

(5)        Department of Transportation.

(6)        Department of Administration.

(7)        Department of Commerce.

(8)        Governor's Office.

(9)        Office of State Budget and Management.

(10)      Office of State Human Resources.

(11)      Repealed by Session Laws 2016‑94, s. 7.11(a), effective July 1, 2016.

(12)      Department of Military and Veterans Affairs.

(13)      Department of Public Safety, with the exception of the following:

a.         State Bureau of Investigation.

b.         State Highway Patrol.

c.         Division of Emergency Management.

The State CIO shall ensure that State agencies' operations are not adversely impacted under the State agency information technology consolidation.

SECTION 3E.1.(w)  Section 38.4 of S.L. 2023‑134, as amended by Section 7.1 of S.L. 2024‑1, reads as rewritten:

SECTION 38.4.(a)  In accordance with G.S. 143B‑1325(c)(13), and notwithstanding any other provision of Article 15 of Chapter 143B of the General Statutes to the contrary, the State Highway Patrol, the State Bureau of Investigation, and the Division of Emergency Management within the Department of Public Safety shall continue to be entirely exempt from any and all information technology oversight by the Department of Public Safety and the Department of Information Technology. The State Highway Patrol, the State Bureau of Investigation, and the Division of Emergency Management shall initiate a pilot project where those divisions agencies shall be deemed as separate, stand‑alone entities within the Department of Public Safety in all matters related to information technology, and each shall autonomously manage their own respective information technology infrastructure and all associated services without oversight from the Department of Information Technology or the Department of Public Safety. Exemption from information technology oversight includes, but is not limited to, the following:

(1)        Information technology architecture and planning.

(2)        Information technology personnel management.

(3)        Information technology project management.

(4)        Information technology purchasing and procurement decisions and methodologies.

(5)        Hardware acquisition, configuration, implementation, and management.

(6)        Software acquisition, configuration, implementation, and management.

(7)        Data center locations, operations, and management.

(8)        Network topology, operations, and management.

(9)        System and data security, including disaster recovery planning.

(10)      Reporting requirements.

(11)      Any future transfers of information technology personnel, operations, projects, assets, and information technology budgets to the Department of Information Technology.

SECTION 38.4.(a1)  For the duration of the pilot project described in this section, the State Highway Patrol and the Division of Emergency Management shall continue to utilize personnel from the Department of Public Safety to perform information technology purchasing and procurement functions in order to ensure compliance with applicable law.

SECTION 38.4.(b)  This section expires on June 30, 2025.

SECTION 3E.1.(x)  This subsection and subsections (d), (q), (s), and (u) of this section are effective when they become law. The remainder of this section becomes effective July 1, 2025.

HIGHWAY PATROL CONFORMING CHANGES

SECTION 3E.2.(a)  G.S. 17C‑6(a)(18) reads as rewritten:

(18)    Monitor compliance with G.S. 20‑185.1(d).G.S. 143B‑1710(d).

SECTION 3E.2.(b)  G.S. 17E‑4(a)(14) reads as rewritten:

(14)    Monitor compliance with G.S. 20‑185.1(d).G.S. 143B‑1710(d).

SECTION 3E.2.(c)  G.S. 20‑17.7 reads as rewritten:

§ 20‑17.7.  Commercial motor vehicle out‑of‑service fines authorized.

The Secretary of Public Safety Commander of the State Highway Patrol may adopt rules implementing fines for violation of out‑of‑service criteria as defined in 49 C.F.R. § 390.5. These fines may not exceed the schedule of fines adopted by the Commercial Motor Vehicle Safety Alliance that is in effect on the date of the violations.

SECTION 3E.2.(d)  G.S. 20‑49 reads as rewritten:

§ 20‑49.  Police authority of Division.

The Commissioner and such officers and inspectors of the Division as he shall designate and all All members of the Highway Patrol and law enforcement officers of the Department of Public Safety shall have the power:

(1)        Of peace officers for the purpose of enforcing the provisions of this Article, G.S. 14‑160.4, and of any other law regulating the operation of vehicles or the use of the highways.

(2)        To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of this Article or other laws regulating the operation of vehicles or the use of the highways.

(3)        At all time times to direct all traffic in conformance with law, and in the event of a fire or other emergency or to expedite traffic or to insure ensure safety, to direct traffic as conditions may require, notwithstanding the provisions of law.

(4)        When on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of this Article or of any other law regulating the operation of vehicles to require the driver thereof to stop and exhibit his driver's license and the registration card issued for the vehicle, and submit to an inspection of such vehicle, the registration plates and registration card thereon or to an inspection and test of the equipment of such vehicle.

(5)        To inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof.

(6)        To serve all warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways.

(7)        To investigate traffic accidents and secure testimony of witnesses or of persons involved.

(8)        To investigate reported thefts of motor vehicles, trailers and semitrailers and make arrest for thefts thereof.

(9)        For the purpose of determining compliance with the provisions of this Chapter, to inspect all files and records of the persons hereinafter designated and required to be kept under the provisions of this Chapter or of the registrations of the Division:

a.         Persons dealing in or selling and buying new, used or junked motor vehicles and motor vehicle parts; and

b.         Persons operating garages or other places where motor vehicles are repaired, dismantled, or stored.

SECTION 3E.2.(e)  G.S. 20‑49.1 is repealed.

SECTION 3E.2.(f)  G.S. 20‑49.3 reads as rewritten:

§ 20‑49.3.  Bureau of License and Theft; State Highway Patrol; custody of seized vehicles.

(a)        Vehicles Seized by the Division of Motor Vehicles. State Highway Patrol. – Notwithstanding any other provision of law, the Division of Motor Vehicles, Bureau of License and Theft, State Highway Patrol may retain any vehicle seized by the Division of Motor Vehicles, Bureau of License and Theft, State Highway Patrol in the course of any investigation authorized by the provisions of G.S. 20‑49 or G.S. 20‑49.1 and forfeited to the Division State Highway Patrol by a court of competent jurisdiction.

(b)        Vehicles Seized by the United States Government. – Notwithstanding any other provision of law, the Division may accept custody and ownership of any vehicle seized by the United States Government, forfeited by a court of competent jurisdiction, and turned over to the Division.