New N.C. laws take effect January 1, 2023 | Eastern North Carolina Now

    Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is Theresa Opeka.

    The new year means new laws for North Carolina. Here is a look at some of the laws that will take effect on Jan. 1, 2023.

    Although S.B. 300, Criminal Justice Reform, was signed into law by Democrat Gov. Roy Cooper on Sept. 2, 2021, a portion of the bill only becomes law on Jan. 1.

    Section II of the law requires using the FBI's Next Generation Identification (NGI) System and Rap Back Service. It also will require the State Bureau of Investigation (SBI) to provide the criminal history, fingerprints, and any other pertinent information of any person who applies for certification or is certified as a criminal justice officer or justice officer to the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission.

    The SBI will also conduct a criminal history records check using the fingerprints of the applicants and certified officers.

    In addition to searching the State's criminal history record file, the SBI will forward a set of fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history record check.

    "Getting Senate Bill 300 across the finish line was a herculean effort by the bill sponsors, most notably, Senator Danny Britt," said Jordan Roberts, director of government affairs for the John Locke Foundation. "The bill resulted from countless hours of debate and input by groups involved in the criminal justice system. What passed was a comprehensive criminal justice reform that brings enhanced accountability, training, and oversight to our law enforcement officers across the state."

    Section 6 of S.B. 766, Organized Retail Theft, which deals with third-party sellers that sell goods through online marketplaces, will also take effect on Jan. 1.

    Online marketplaces will be required to collect and maintain identifying information for high-volume third-party sellers.

    The remainder of the law went into effect on Dec. 1.

    S.B. 265, Bond Info Transparency/LGC Toolkit II will be updated under Section 9a, Fidelity Bonds, to read that a person may not be appointed as a finance officer if the person cannot obtain the bond required by that section.

    The toolkit increases local governments' transparency by requiring additional disclosures and making changes recommended by the Local Government Commission.

    Several towns have come under scrutiny in recent years for issues surrounding not filing audits on time or, in other cases, embezzlement, like in Spring Lake.

    Part 1 of S.B. 388, Qualifying Farmer Zoo Sales Tax Exemption, will expand the sales tax exemption for farmers to include ten certain sales to a qualifying farmer for a zoo.

    A qualifying or conditional farmer who operates a zoo in addition to the farmer's farming operations is allowed a sales and use tax exemption for the items used in the farmer's zoo operations if used for the housing, raising, or feeding of animals for public display.

    The remainder of the bill took effect earlier this year.

    Section 1 of HB 792, Barber/Electrolysis Boards/Merger, deals with recodifying and reorganizing the North Carolina Board of Barber Examiners and the North Carolina Board of Electrolysis. Items like displaying certificates and sanitary rules and regulations fall under this section.

    Section 2, also known as the Barber and Electrolysis Practice Act, will have nine members, including five licensed barbers, two electrologists, one physician, and one public member who isn't licensed under Chapter 86B, be appointed to The North Carolina Board of Barber and Electrolysis Examiners.

    Both sections will apply to applications for licensure, examination, and renewal submitted on or after Jan. 1.

    Sections of H.B. 560, Public Safety Reform, will also take effect on New Year's Day.
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