Bill Summary – FastDemocracy

FILED SENATE
                                                                                            May 2, 2024
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                  S.B. 843
                                       SESSION 2023           PRINCIPAL CLERK
     S                                                                     D
                               SENATE BILL DRS35345-MGa-155
     Short Title:    The Freedom from Fentanyl Act.                                                (Public)
     Sponsors:       Senators Batch, Smith, and Grafstein (Primary Sponsors).
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT ENACTING THE FREEDOM FROM FENTANYL ACT TO RESTRICT THE SALE
    OF VAPOR PRODUCTS NEAR CHILD CARE FACILITIES, SCHOOLS, CERTAIN
    INSTITUTIONS OF HIGHER EDUCATION, AND RELIGIOUS PLACES OF WORSHIP;
    TO CREATE A FENTANYL MISUSE TASK FORCE; AND TO APPROPRIATE FUNDS
    TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF
    PUBLIC HEALTH, TO PURCHASE OPIOID ANTAGONISTS FOR LOCAL HEALTH
    DEPARTMENTS TO DISTRIBUTE FREE OF CHARGE TO NORTH CAROLINA
    RESIDENTS.
 The General Assembly of North Carolina enacts:
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 PART I. TITLE
           SECTION 1.1. This act shall be known and may be cited as the "Freedom from
 Fentanyl Act."
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 PART II. RESTRICTIONS ON THE SALE OF VAPOR PRODUCTS NEAR CHILD
 CARE FACILITIES, SCHOOLS, CERTAIN INSTITUTIONS OF HIGHER
 EDUCATION, AND RELIGIOUS PLACES OF WORSHIP
             SECTION 2.1.(a) Article 52 of Chapter 14 of the General Statutes is amended by
 adding a new section to read:
 "§ 14-401.28. Sale of vapor products near certain locations unlawful.
     (a)     It is unlawful for any person, firm, or corporation in this State to sell or to purchase
 any vapor products, as defined in G.S. 14-313, within 1,000 linear feet of the property line of any
 of the following:
             (1)      A church, chapel, meetinghouse, synagogue, temple, longhouse, or mosque,
                      or other building that is regularly used, and clearly identifiable, as a place for
                      religious worship.
             (2)      A child care facility, as defined in G.S. 110-86(3).
             (3)      A public school unit, or any nonpublic school, as defined in Part 1 or Part 2 of
                      Article 39 of Chapter 115C of the General Statutes. This subdivision does not
                      include home schools, as defined in G.S. 115C-563.
             (4)      A community college under the jurisdiction of the State Board of Community
                      Colleges.
             (5)      The facilities of The University of North Carolina and the grounds of those
                      facilities, as defined in G.S. 143-597(a)(6).
     (b)     A violation of this section is a Class 2 misdemeanor."
                                   *DRS35345-MGa-155*
     General Assembly Of North Carolina                                                   Session 2023
            SECTION 2.1.(b) This section becomes effective December 1, 2024, and applies to
 offenses committed on or after that date.
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 PART III. CREATION OF FENTANYL MISUSE TASK FORCE
             SECTION 3.1.(a) Creation. – There is established the Fentanyl Misuse Task Force
 (Task Force). The Task Force shall consist of representatives from the following, as well as other
 representatives appointed by the Governor:
             (1)      The Division of Mental Health, Developmental Disabilities, and Substance
                      Use Services of the Department of Health and Human Services.
             (2)      The Division of Public Health of the Department of Health and Human
                      Services.
             (3)      The Office of Rural Health within the Department of Health and Human
                      Services.
             (4)      The Division of Juvenile Justice of the Department of Public Safety.
             (5)      The Division of Community Supervision and Reentry of the Department of
                      Adult Correction.
             (6)      The Division of Prisons of the Department of Adult Correction.
             (7)      The State Bureau of Investigation.
             (8)      The Attorney General's Office.
             (9)      The following health care regulatory boards with oversight of prescribers and
                      dispensers of opioids and other prescription drugs:
                      a.     North Carolina Board of Dental Examiners.
                      b.     North Carolina Board of Nursing.
                      c.     North Carolina Board of Podiatry Examiners.
                      d.     North Carolina Medical Board.
                      e.     North Carolina Board of Pharmacy.
                      f.     North Carolina Veterinary Medical Board.
             (10) The UNC Injury Prevention Research Center.
             (11) The substance use disorder treatment community.
             (12) Governor's Institute on Substance Abuse, Inc.
             SECTION 3.1.(b) Study. – The purpose of the Task Force is to study and make
 recommendations to the Governor and the General Assembly on ways to combat the growing
 problem of fentanyl misuse in North Carolina.
             SECTION 3.1.(c) Chair; Meetings; Quorum. – The members shall elect a chair, and
 the Task Force shall meet at the call of the chair. A majority of the Task Force shall constitute a
 quorum for the transaction of its business.
             SECTION 3.1.(d) Per Diem, Travel, and Expenses. – Members of the Task Force
 shall receive per diem and necessary travel and subsistence expenses in accordance with
 G.S. 120-3.1, 138-5, and 138-6, as applicable.
             SECTION 3.1.(e) Meeting Space; Staffing. – The Task Force may meet in the
 Legislative Building or in the Legislative Office Building. With the approval of the Legislative
 Services Commission, through the Legislative Services Officer, legislative staff may be made
 available to assist the Task Force.
             SECTION 3.1.(f) Report. – The Task Force shall submit an interim report to the
 2025 General Assembly when it reconvenes in 2026. The Task Force shall submit a final report,
 including findings and legislative recommendations, to the 2027 General Assembly. The Task
 Force shall terminate upon filing its final report.
             SECTION 3.1.(g) Effective Date. – This section is effective when it becomes law.
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 PART IV. APPROPRIATIONS
     Page 2                                                                      DRS35345-MGa-155
     General Assembly Of North Carolina                                                 Session 2023
             SECTION 4.1.(a) Effective July 1, 2024, there is appropriated from the General
 Fund to the Department of Health and Human Services, Division of Public Health, the sum of
 fifteen million dollars ($15,000,000) in recurring funds for the 2024-2025 fiscal year. These
 funds shall be used to purchase opioid antagonists, as defined in G.S. 90-12.7, for local health
 departments to address opioid-related drug overdoses and reduce the number of opioid-related
 deaths.
             SECTION 4.1.(b) Local health departments receiving opioid antagonists funded by
 this Part shall distribute them free of charge to North Carolina residents.
             SECTION 4.1.(c) The Department of Health and Human Services, Division of
 Public Health, shall collaborate with local health departments to ensure efficient and widespread
 distribution of the opioid antagonists funded by this Part.
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 PART V. EFFECTIVE DATE
         SECTION 5.1. Except as otherwise provided, this act is effective when it becomes
 law.
     DRS35345-MGa-155                                                                          Page 3