Bill Text: NC H1025 | 2017-2018 | Regular Session | Enrolled
Bill Title: GSC Technical Corrections 2018
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-14 - Ch. SL 2018-142 [H1025 Detail]
Download: North_Carolina-2017-H1025-Enrolled.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
HOUSE BILL 1025
RATIFIED BILL
AN ACT to make technical corrections to the general statutes, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
Part i. General technical corrections
SECTION 1. G.S. 14‑50.41 reads as rewritten:
"§ 14‑50.41. Short title.
This Article shall be known and may
be cited as the "North Carolina Street Gang Nuisance Abatement Act
[North Carolina Criminal Gang Nuisance Abatement Act].""North
Carolina Criminal Gang Nuisance Abatement Act.""
SECTION 2.(a) G.S. 14‑151 reads as rewritten:
"§ 14‑151. Interfering with gas, electric electric,
and steam appliances or meters; penalties.
(a) It shall be is
unlawful for any person to willfully, with intent to injure or defraud,
commit any of the following acts:
(1) Connect a tube, pipe, wire
wire, or other instrument or contrivance with a pipe or wire used
for conducting or supplying illuminating gas, fuel, natural gas gas, or
electricity in such a manner as to supply such the gas or
electricity to any burner, orifice, lamp lamp, or motor where the
same gas or electricity is or can be burned or used without
passing through the meter or other instrument provided for registering the
quantity consumed.
(2) Obstruct, alter, bypass,
tamper with, injure injure, or prevent the action of a meter or
other instrument used to measure or register the quantity of illuminating fuel,
natural gas, water, or electricity passing through such the meter
by a person other than an employee of the company owning or supplying any gas,
water, or electric meter, who willfully shall detach or disconnect detaches
or disconnects such the meter, or make or report makes
or reports any test of, or examine examines for the purpose
of testing any meter so detached or disconnected.
(3) In any manner whatever
change, extend extend, or alter any service or other pipe, wire
wire, or attachment of any kind, connecting with or through which
natural or artificial gas or electricity is furnished from the gas mains or
pipes of any person, without first procuring from said the person
written permission to make such the change, extension extension,
or alterations.
(4) Make any connection or
reconnection with the gas mains, water pipes, service pipes pipes, or
wires of any person, furnishing to consumers natural or artificial gas, water,
or electricity, or turn on or off or in any manner interfere with any valve or
stopcock or other appliance belonging to such that person, and
connected with his the person's service or other pipes or wires,
or enlarge the orifices of mixers, or use natural gas for heating purposes
except through mixers, or electricity for any purpose without first procuring
from such the person a written permit to turn on or off such the
stopcock or valve, or to make such the connection or
reconnections, or to enlarge the orifice of mixers, or to use for heating
purposes without mixers, or to interfere with the valves, stopcocks, wires wires,
or other appliances of such, them, as the case may be.
(5) Retain possession of or
refuse to deliver any mixer, meter, lamp lamp, or other appliance
which may be leased or rented by any person, for the purpose of furnishing gas,
water, electricity electricity, or power through the same, appliance,
or sell, lend lend, or in any other manner dispose of the same
appliance to any person other than such the person
entitled to the possession of the same.appliance.
(6) Set on fire any gas
escaping from wells, broken or leaking mains, pipes, valves valves, or
other appliances used by any person in conveying gas to consumers, or interfere
in any manner with the wells, pipes, mains, gateboxes, valves, stopcocks,
wires, cables, conduits conduits, or any other appliances, machinery
machinery, or property of any person engaged in furnishing gas to
consumers unless employed by or acting under the authority and direction of such
that person.
(7) Open or cause to be opened, or reconnect or cause to be reconnected any valve lawfully closed or disconnected by a district steam corporation.
(8) Turn on steam or cause it
to be turned on or to reenter any premises when the same steam has
been lawfully stopped from entering such the premises.
(9) Reconnect electricity, gas, or water connections or otherwise turn back on one or more of those utilities when they have been lawfully disconnected or turned off by the provider of the utility.
(10) Alter, bypass, interfere
with, or cut off any load management device, equipment, or system which has
been installed by the electricity supplier for the purpose of limiting the use
of electricity at peak‑load periods, provided, however, if periods.
However, if there has been a written request to remove the load management
device, equipment, or system to the electric supplier and the electric supplier
has not removed the device within two working days, there shall be is
no violation of this section.
(b) Any meter or service
entrance facility found to have been altered, tampered with, or bypassed in a
manner that would cause such the meter to inaccurately measure
and register the electricity, gas, or water consumed or which would cause the
electricity, gas, or water to be diverted from the recording apparatus of the
meter shall be is prima facie evidence of intent to violate and
of the violation of this section by the person in whose name such the
meter is installed or the person or persons so using or receiving the
benefits of such the unmetered, unregistered, or diverted
electricity, gas, or water.
(c) For the purposes of this
section, the term "gas" shall mean means all types and
forms of gas, including, but not limited to, natural gas.
(d) Criminal violations of
this section shall be are punishable as follows:
(1) A violation of this section is a Class 1 misdemeanor.
(2) A second or subsequent violation of this section is a Class H felony.
(3) A violation of this section that results in significant property damage or public endangerment is a Class F felony.
(4) Unless the conduct is covered under some other provision of law providing greater punishment, a violation that results in the death of another is a Class D felony.
(e) [Whoever is found in
a civil action to have violated any provision] Whoever is found in a
civil action to have violated any provision of this section [shall be
liable to the electric, gas or water supplier in triple the amount of losses
and damages sustained or five] is liable to the electric, gas, or water
supplier in triple the amount of losses and damages sustained or five thousand
[dollars] dollars ($5,000), [whichever is greater].whichever
is greater.
(f) Nothing in this section shall
be construed to apply applies to licensed contractors while
performing usual and ordinary services in accordance with recognized customs
and standards."
SECTION 2.(b) This section applies to violations committed on or after the effective date of this act.
SECTION 3.(a) G.S. 20‑9 reads as rewritten:
"§ 20‑9. What persons shall not be licensed.
(a) To obtain a regular drivers license, a person must have reached the minimum age set in the following table for the class of license sought:
Class of Regular License Minimum Age
Class A 18
Class B 18
Class C 16
G.S. 20‑37.13 sets the age qualifications for a commercial drivers license.
(b) The Division shall not
issue a driver's drivers license to any person whose license has
been suspended or revoked during the period for which the license was suspended
or revoked.
(b1) The Division shall not issue a drivers license to any person whose permit or license has been suspended or revoked under G.S. 20‑13.2(c1) during the suspension or revocation period, unless the Division has restored the person's permit or license under G.S. 20‑13.2(c1).
(c) The Division shall not
issue a driver's drivers license to any person who is an habitual
drunkard or is an habitual user of narcotic drugs or barbiturates, whether or
not such the use be is in accordance with the
prescription of a physician.
(d) Repealed by Session Laws 2012‑194, s. 8, effective July 17, 2012.
(e) The Division shall not
issue a driver's drivers license to any person when in the
opinion of the Division the person is unable to exercise reasonable and
ordinary control over a motor vehicle while operating the vehicle upon the
highways, nor shall a license be issued to any person who is unable to
understand highway warnings or direction signs.
(f) The Division shall not
issue a driver's drivers license to any person whose license or
driving privilege is in a state of cancellation, suspension suspension,
or revocation in any jurisdiction, if the acts or things upon which the
cancellation, suspension suspension, or revocation in such the
other jurisdiction was based would constitute lawful grounds for
cancellation, suspension suspension, or revocation in this State
had those acts or things been done or committed in this State; provided,
however, State. However, any such cancellation shall not prohibit
issuance for a period in excess of 18 months.
(g) The Division may issue a
restricted or unrestricted driver's drivers license under the
following conditions to an otherwise eligible applicant suffering from a
physical or mental disability or disease that affects his or her ability to
exercise reasonable and ordinary control of a motor vehicle:
(1) The applicant submits to
the Division a certificate in the form prescribed in subdivision (2). (2)
of this subsection. The Division may request the certificate at the
applicant's initial application, at any time following the issuance of the
license, or at the initial application and any time following the issuance of
the license. Until a license issued under this subdivision expires, is
cancelled, or is revoked, the license continues in force as long as the
licensee presents to the Division a certificate in the form prescribed in
subdivision (2) of this subsection at the intervals determined by the Division
to be in the best interests of public safety.
…
(3) The Commissioner is not
bound by the recommendation of the examining health care provider but shall
give fair consideration to such the recommendation in exercising
his or her discretion in making licensing decisions, the criterion being
whether or not, upon all the evidence, it appears that it is safe to permit the
applicant or licensee to operate a motor vehicle. The burden of proof of such
this fact is upon the applicant or licensee. In deciding whether to
issue, restrict, cancel, or deny a license, the Commissioner may be guided by
the opinion of experts in the field of diagnosing and treating the specific
physical or mental disability or disease suffered by an applicant or licensee
and the experts may be compensated for their services on an equitable basis.
The Commissioner may also take into consideration any other factors which bear
on the issue of public safety.
(4) Whenever a license is
restricted, cancelled, or denied by the Commissioner on the basis of a physical
or mental disability or disease, the action may be reviewed by a reviewing
board upon written request of the applicant or licensee filed with the Division
within 10 days after receipt of notice given in accordance with G.S. 20‑48
of the action taken. The reviewing board shall consist of the Commissioner or his
the Commissioner's authorized representative and at least two
medical professionals selected by the Commissioner and duly licensed to
practice medicine by the appropriate licensing authority in the State. The
medical professionals selected by the Commissioner may be compensated for their
services on an equitable basis, including reimbursement for ordinary and
necessary travel expenses. The Commissioner or his the Commissioner's
authorized representative, plus any two medical professionals selected by
the Commissioner, shall constitute a quorum. The procedure for hearings
authorized by this section shall be as follows:
a. Applicants shall be
afforded an opportunity for hearing, after reasonable notice of not less than
10 days, before the review board established by this subdivision. The notice
shall be in writing and shall be delivered to the applicant in person or sent
by certified mail, with return receipt requested. The notice shall state the
time, place, and subject of the hearing. If a hearing is requested under this
subdivision to contest a restriction placed on a license under subdivision (3)
of this subsection, the restriction shall be stayed unless the Division
determines there is an imminent threat to public safety if continued
unrestricted driving is permitted. No stay shall be granted if a hearing is
requested under this subdivision to contest a denial or cancellation of a
license under subdivision (3) of this subsection. Nothing in this sub‑subdivision
shall be construed as authorizing authorizes the stay of a
restriction placed on a license pursuant to another provision of law.
b. The review board may
compel the attendance of witnesses and the production of such books, records
records, and papers as it desires at a hearing authorized by the this
section. Upon request of an applicant or licensee, a subpoena to compel the
attendance of any witness or a subpoena duces tecum to compel the production of
any books, records, or papers shall be issued by the board. Subpoenas shall be
directed to the sheriff of the county where the witness resides or is found and
shall be served and returned in the same manner as a subpoena in a criminal
case. Fees of the sheriff and witnesses shall be the same as that allowed in
the district court in cases before that court and shall be paid in the same
manner as other expenses of the Division of Motor Vehicles are paid. In any
case of disobedience or neglect of any subpoena served on any person, or the
refusal of any witness to testify to any matters regarding which he the
witness may be lawfully interrogated, the district court or superior court
where such the disobedience, neglect neglect, or
refusal occurs, or any judge thereof, on application by the board, shall compel
obedience or punish as for contempt.
c. A hearing may be continued upon motion of the applicant or licensee for good cause shown with approval of the board or upon order of the board.
d. The board shall pass upon
the admissibility of evidence at a hearing but the applicant or licensee
affected may at the time object to the board's ruling, and, if evidence offered
by an applicant or licensee is rejected rejected, the party may
proffer the evidence, and such the proffer shall be made a part
of the record. The board shall not be bound by common law or statutory rules of
evidence which prevail in courts of law or equity and may admit and give
probative value to evidence which possesses probative value commonly accepted
by reasonably prudent persons in the conduct of their affairs. They It
may exclude incompetent, immaterial, irrelevant irrelevant, and
unduly repetitious evidence. Uncontested facts may be stipulated by agreement
between an applicant or licensee and the board board, and
evidence relating thereto to stipulated facts may be excluded.
All evidence, including records and documents in the possession of the Division
of Motor Vehicles or the board, of which the board desires to avail itself
shall be made a part of the record. Documentary evidence may be received in the
form of copies or excerpts, or by incorporation by reference. The board shall
prepare an official record, which shall include testimony and exhibits. A
record of the testimony and other evidence submitted shall be taken, but it
shall not be necessary to transcribe shorthand notes or electronic recordings
unless requested for purposes of court review.
…
h. All records and evidence
collected and compiled by the Division and the reviewing board shall not be
considered public records within the meaning of Chapter 132 of the General
Statutes of North Carolina and may be made available to the public only
upon an order of a court of competent jurisdiction. An applicant or licensee
may obtain, without a court order, a copy of records and evidence collected and
compiled under this subdivision about the applicant or licensee by submitting a
written request to the Division, signing any release forms required by the
Division, and remitting the required fee set by the Division. All information
furnished by, about, or on behalf of an applicant or licensee under this
section shall be without prejudice and shall be for the use of the Division,
the reviewing board board, or the court in administering this
section and shall not be used in any manner as evidence, or for any other
purposes in any trial, civil or criminal. The prohibition on release and use
under this sub‑subdivision applies without regard to who authored or
produced the information collected, compiled, and used by the Division under
this subdivision.
(h) The Division shall not issue a drivers license to an applicant who currently holds a license to drive issued by another state unless the applicant surrenders the license.
(i) The Division shall not issue a drivers license to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection:
…
(4) Any person denied a
license or whose license has been revoked by the Division pursuant to this
subsection shall have has a right to file a petition within 30
days thereafter for a hearing in the matter in the superior court of the county
wherein such person shall reside, where the person resides, or to
petition the resident judge of the district or judge holding the court
of that district, or special or emergency judge holding a court in such the
district, and such the court or judge is hereby vested with jurisdiction,
and it shall be its or his duty to jurisdiction. The court or judge
shall set the matter for hearing upon 30 days' written notice to the Division,
and thereupon to Division. At the hearing, the court or judge shall take
testimony and examine into the facts of the case and to shall determine
whether the petitioner is entitled to a license under the provisions of this
subsection and whether the petitioner is in violation of G.S. 20‑30."
SECTION 3.(b) G.S. 20‑37.7 reads as rewritten:
"§ 20‑37.7. Special identification card.
…
(b1) Search National Sex Offender Public Registry. – The Division shall not issue a special identification card to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection:
…
(4) Any person denied a
special identification card by the Division pursuant to this subsection shall
have has a right to file a petition within 30 days thereafter for a
hearing in the matter in the superior court of the county wherein such
person shall reside, where the person resides, or to petition the
resident judge of the district or judge holding the court of that district, or
special or emergency judge holding a court in such the district,
and such the court or judge is hereby vested with jurisdiction,
and it shall be its or his duty to jurisdiction. The court or judge
shall set the matter for hearing upon 30 days' written notice to the Division,
and thereupon to Division. At the hearing, the court or judge shall take
testimony and examine into the facts of the case and to shall determine
whether the petitioner is entitled to a special identification card under the
provisions of this subsection and whether the petitioner is in violation of
G.S. 20‑37.8.
(c) Format. – A special identification card shall include a color photograph of the special identification card holder and shall be similar in size, shape, and design to a drivers license, but shall clearly state that it does not entitle the person to whom it is issued to operate a motor vehicle. A special identification card issued to an applicant must have the same background color that a drivers license issued to the applicant would have.
(d) Expiration and Fee. – A special identification card issued to a person for the first time under this section expires when a drivers license issued on the same day to that person would expire. A special identification card renewed under this section expires when a drivers license renewed by the card holder on the same day would expire.
The fee for a special identification card is the same as the fee set in G.S. 20‑14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows:
…
(3) The applicant or who has
been issued a drivers license but the drivers license is cancelled under
G.S. 20‑15, in accordance with G.S. 20‑9(e) and (g), as a
result of a physical or mental disability or disease.
…."
SECTION 4.(a) G.S. 20‑79.3A(c) and (d) read as rewritten:
"(c) Report to General
Assembly. – On or before March 15 of each year, the Division shall submit to
the Chairs of the House and Senate Transportation Committees, the Chairs of the
House and Senate Finance Committees, and the Research Legislative
Analysis Division of the General Assembly a report that identifies each
applicant that has applied for a special registration plate to be authorized in
the legislative session being held that year and indicates whether the applicant
met the requirements of this section. If an applicant meets the requirements of
this section, then a bill may be considered during the legislative session
being held that year to authorize a special registration plate for the
applicant that submitted the application.
(d) Legislative Approval. – If a special registration plate requested under this section is approved by law, the applicant must submit all of the following items to the Division no later than 60 days after the act approving the plate becomes law. If the applicant fails to timely submit the items required under this subsection, the authorization for the special registration plate shall expire in accordance with G.S. 20‑79.8(a1). The items to be submitted are:
…."
SECTION 4.(b) G.S. 90‑414.5(b) reads as rewritten:
"(b) At the written
request of the Director of the Fiscal Research, Bill Legislative Drafting,
Research, Legislative Analysis, or Program Evaluation Division of
the General Assembly for an aggregate analysis of the data and information
disclosed through the HIE Network, the Authority shall provide the professional
staff of these Divisions with such the aggregated analysis
responsive to the Director's request. Prior to providing the Director or
General Assembly's staff with any aggregate data or information submitted
through the HIE Network or with any analysis of this aggregate data or
information, the Authority shall redact any personal identifying information in
a manner consistent with the standards specified for de‑identification of
health information under the HIPAA Privacy Rule, 45 C.F.R. § 164.514, as
amended."
SECTION 4.(c) G.S. 120‑30.49(a) reads as rewritten:
"(a) The Fiscal Research
Division shall, in consultation with the appropriate staff of the Research Legislative
Analysis and Bill Legislative Drafting Divisions, make an
annual report to the General Assembly pertaining to the fiscal effect of
federal mandates on, or federal law on which is conditioned the receipt of
federal funds by the State and units of local government. The annual report on
federal mandates shall include all of the following:
(1) A listing of federal laws
that require the State and any unit of local government, including a county,
city, school administrative unit, or other local entity funded by or through a
unit of local government to carry out additional or modified responsibilities;responsibilities.
(2) An estimate of the amount
of any increase or decrease in the costs to the State and units of local
government in providing or delivering public services required by federal law
that are funded in whole or in part by the State or units of local government;
andgovernment.
(3) A listing of any other federal actions directly affecting the expenditures or revenues of the State and units of local government."
SECTION 4.(d) G.S. 120‑32.01 reads as rewritten:
"§ 120‑32.01. Information to be supplied.
(a) Every State department,
State agency, or State institution shall furnish the Legislative Services
Office and the Research, Legislative Analysis, Fiscal Research,
Program Evaluation, and Bill Legislative Drafting Divisions any
information or records requested by them and access to any facilities and
personnel requested by them. Except when accessibility is prohibited by a
federal statute, federal regulation, or State statute, every State department,
State agency, or State institution shall give the Legislative Services Office
and these divisions access to any data base database or stored
information maintained by computer, telecommunications, or other electronic
data processing equipment, whether stored on tape, disk, or otherwise, and
regardless of the medium for storage or transmission.
(b) Notwithstanding
subsection (a) of this section, access to the BEACON/HR payroll system by the Research
Legislative Analysis and Bill Legislative Drafting
Divisions shall only be through the Fiscal Research Division and access to the
system by the Program Evaluation Division shall only be through the Division
Director and two employees of the Division designated by the Division Director.
(c) Consistent with
subsection (a) of this section and notwithstanding any other law relating to
privacy of personnel records, the Retirement Systems Division of the Department
of State Treasurer shall furnish the Fiscal Research Division direct online
read‑only access to active and retired member information or records
maintained by the Retirement Systems Division in online information systems.
Direct online read‑only access shall not include access to medical
records of individual members or to tax records and other tax‑related
documents of members and beneficiaries. Nothing in this subsection shall
limit limits the provisions of subsection (a) of this section.
(d) For the purpose of ensuring financial transparency, accountability, and efficient operation of the Medicaid program finances by the Department of Health and Human Services, employees of the Fiscal Research Division designated by the Director of Fiscal Research shall have access to all records related to the Medicaid program. The Department of Health and Human Services shall cooperate fully with the designated employees of the Fiscal Research Division to facilitate (i) the evaluation of all financial and policy components of the Medicaid program, including financial projections, (ii) the evaluation of the budgetary construction and management of the Medicaid program, and (iii) the identification of unusual financial events. The Department shall also provide the Fiscal Research Division with electronic access to any departmental data for assessing or predicting Medicaid financial outcomes, and to any modeling software used for assessing or predicting Medicaid program financial outcomes. Employees of the Department shall not impede, delay, or restrict the provision of information or limit access to any departmental personnel necessary for the Fiscal Research Division to perform its monitoring and analysis of the Medicaid program.
Nothing in this subsection shall
be construed to grant grants Fiscal Research Division employees
access to medical records of individuals or other information protected under
the Health Information Portability and Accountability Act (HIPAA).
Nothing in this subsection shall
limit limits the provisions of subsection (a) of this section.
(e) The Department of Health and Human Services shall provide its annual financial projection of Medicaid program expenditures and requirements for any future fiscal years to the Chairs of the House Appropriations Committee and to the Chairs of the Senate Appropriations/Base Budget Committee no later than the date the Governor presents budget recommendations in accordance with G.S. 143C‑3‑5. Prior to providing this projection, the Secretary shall cooperatively engage designated employees of the Fiscal Research Division in ongoing bilateral analytical discussions about historical, current, and unanticipated factors that may impact projected Medicaid program financial outcomes that may affect the formulation of an official departmental annual financial projection.
Nothing in this subsection shall
limit limits the provisions of subsection (a) of this section."
SECTION 4.(e) G.S. 120‑36.6 reads as rewritten:
"§ 120‑36.6. Legislative Fiscal Research staff participation.
The Legislative Services Officer
shall designate a member of the Fiscal Research staff, staff and
a member of the General Research or Bill Legislative Analysis or
Legislative Drafting staff who may attend all meetings of the Council of
State, unless the Council has voted to exclude them from the specific meeting,
provided that no final action may be taken while they are so excluded. The
Legislative Services Officer and the Director of Fiscal Research shall be
notified of all such meetings, hearings hearings, and
trips in the same manner and at the same time as notice is given to members of
the Council. The Legislative Services Officer and the Director of Fiscal
Research shall be provided with a copy of all reports, memoranda, and other
informational material which are distributed to the members of the Council;
these reports, memoranda memoranda, and materials shall be
delivered to the Legislative Services Officer and the Director of Fiscal
Research at the same time that they are distributed to the members of the
Council."
SECTION 4.(f) Article 7B of Chapter 120 of the General Statutes reads as rewritten:
"Article 7B.
"Research Legislative
Analysis Division.
"§ 120‑36.8. Certification of legislation required by federal law.
(a) Every bill and
resolution introduced in the General Assembly proposing any change in the law
which purports to implement federal law or to be required or necessary for
compliance with federal law, or on which is conditioned the receipt of federal
funds shall have attached to it at the time of its consideration by the General
Assembly a certification prepared by the ResearchLegislative Analysis
Division, in consultation with the Bill Legislative Drafting
and Fiscal Research Divisions, identifying the federal law requiring passage of
the bill or resolution. The certification shall contain a statement setting
forth the reasons why the bill or resolution is required by federal law. If the
bill or resolution is not required by federal law or exceeds the requirements
of federal law, then the certification shall state the reasons for that
opinion. No comment or opinion shall be included in the certification with
regard to the merits of the measure for which the certification is prepared.
However, technical and mechanical defects may be noted.
(b) The sponsor of each bill
or resolution to which this section applies shall present a copy of the bill or
resolution with the request for certification to the Research Legislative
Analysis Division. Upon receipt of the request and the copy of the bill or
resolution, the Research Legislative Analysis Division shall
consult with the Bill Legislative Drafting and Fiscal Research
Divisions, and may consult with the Office of State Budget and Management or
any State agency on preparation of the certification as promptly as possible.
The Research Legislative Analysis Division shall prepare the
certification and transmit it to the sponsor within two weeks after the request
is made, unless the sponsor agrees to an extension of time.
(c) This certification shall be attached to the original of each proposed bill or resolution that is reported favorably by any committee of the General Assembly, but shall be separate from the bill or resolution and shall be clearly designated as a certification. A certification attached to a bill or resolution pursuant to this section is not a part of the bill or resolution and is not an expression of legislative intent proposed by the bill or resolution.
(d) If a committee of the
General Assembly reports favorably a proposed bill or resolution with an
amendment proposing any change in the law which purports to implement federal
law or to be required or necessary for compliance with federal law, the chair
of the committee shall obtain from the Research Legislative Analysis Division
and attach to the amended bill or resolution a certification as provided in
this section."
SECTION 4.(g) G.S. 120‑233(a) reads as rewritten:
"(a) The Committee may
contract for consulting services as provided by G.S. 120‑32.02. Upon
approval of the Legislative Services Commission, the Legislative Services
Officer shall assign professional and clerical staff to assist in the work of
the Committee. The professional staff shall include the appropriate staff from
the Fiscal Research, Research, Legislative Analysis, Legislative
Drafting, and Information Systems Divisions of the Legislative Services Office
of the General Assembly. Clerical staff shall be furnished to the Committee
through the offices of the Senate and the House of Representatives Supervisors
of Clerks. The expenses of employment of the clerical staff shall be borne by
the Committee. The Committee may meet in the Legislative Building or the
Legislative Office Building upon the approval of the Legislative Services
Commission."
SECTION 5.(a) Section 4 of Chapter 168 of the 1989 Session Laws is repealed.
SECTION 5.(b) G.S. 20‑118 reads as rewritten:
"§ 20‑118. Weight of vehicles and load.
(a) For the purposes of this
section, the following definitions shall apply:
(1) Single‑axle weight. – The gross weight
transmitted by all wheels whose centers may be included between two parallel
transverse vertical planes 40 inches apart, extending across the full width of
the vehicle.
(2) Tandem‑axle weight. – The gross weight
transmitted to the road by two or more consecutive axles whose centers may be
included between parallel vertical planes spaced more than 40 inches and not
more than 96 inches apart, extending across the full width of the vehicle.
(3) Axle group. – Any two or more consecutive axles on a vehicle or combination of vehicles.
(4) Gross weight. – The weight of any single axle, tandem axle, or axle group of a vehicle or combination of vehicles plus the weight of any load thereon.
(5) Light‑traffic roads. – Any highway on the State Highway System, excepting routes designated I, U.S. or N.C., posted by the Department of Transportation to limit the axle weight below the statutory limits.
(6) Single axle weight. – The gross weight transmitted by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
(7) Tandem axle weight. – The gross weight transmitted to the road by two or more consecutive axles whose centers may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
(b) The following weight
limitations shall apply to vehicles operating on the highways of the
State:
(1) The single‑axle weight of a vehicle or combination of vehicles shall not exceed 20,000 pounds.
(2) The tandem‑axle weight of a vehicle or combination of vehicles shall not exceed 38,000 pounds.
(3) The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance Maximum Weight in Pounds for any Group of Two
Between or More Consecutive Axles
Axles* 2 Axles 3 Axles 4 Axles 5 Axles 6 Axles 7 Axles
4 38000
…
57 80000
* Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
** See exception in G.S. 20‑118(c)(1).subdivision
(c)(1) of this section.
(4) The Department of
Transportation may establish light‑traffic roads and further restrict the
axle weight limit on such light‑traffic roads lower than the statutory
limits. The Department of Transportation shall have has the authority
to designate any highway on the State Highway System, excluding routes
designated by I, U.S. and N.C., as a light‑traffic road when in the opinion
of the Department of Transportation, such the road is inadequate
to carry and will be injuriously affected by vehicles using the said road
carrying the maximum axle weight. All such roads so designated shall be
conspicuously posted as light‑traffic roads and the maximum axle weight
authorized shall be displayed on proper signs erected thereon.
(c) Exceptions. – The
following exceptions apply to G.S. 20‑118(b) and 20‑118(e).subsections
(b) and (e) of this section:
…
(2) When a vehicle is
operated in violation of G.S. 20‑118(b)(1), 20‑118(b)(2),
or 20‑118(b)(3), subdivision (b)(1), (b)(2), or (b)(3) of this
section, but the gross weight of the vehicle or combination of vehicles
does not exceed that permitted by G.S. 20‑118(b)(3), subdivision
(b)(3) of this section, the owner of the vehicle shall be permitted to
shift the load within the vehicle, without penalty, from one axle to another to
comply with the weight limits in the following cases:
a. Where the single‑axle load exceeds the statutory limits, but does not exceed 21,000 pounds.
b. Where the vehicle or combination of vehicles has tandem axles, but the tandem‑axle weight does not exceed 40,000 pounds.
(3) When a vehicle is
operated in violation of G.S. 20‑118(b)(4) subdivision
(b)(4) of this section, the owner of the vehicle shall be permitted,
without penalty, to shift the load within the vehicle from one axle to another
to comply with the weight limits where the single‑axle weight does not
exceed the posted limit by 2,500 pounds.
(4) A truck or other motor
vehicle shall be exempt from such the light‑traffic road
limitations provided for pursuant to G.S. 20‑118(b)(4), subdivision
(b)(4) of this section, when transporting supplies, material material,
or equipment necessary to carry out a farming operation engaged in the
production of meats and agricultural crops and livestock or poultry by‑products
or a business engaged in the harvest or processing of seafood when the
destination of such the vehicle and load is located solely upon said
a light‑traffic road.
…
(6) A truck or other motor
vehicle shall be exempt from such the light‑traffic road
limitations provided by G.S. 20‑118(b)(4) subdivision
(b)(4) of this section when such the motor vehicles are
owned, operated by or under contract to a public utility, electric or telephone
membership corporation or municipality and such motor vehicles are used
in connection with installation, restoration restoration, or
emergency maintenance of utility services.
(7) A wrecker may tow any
disabled truck or other motor vehicle or combination of vehicles to a place for
repairs, parking, or storage within 50 miles from the point that the vehicle
was disabled and may tow a truck, tractor, or other replacement vehicle to the
site of the disabled vehicle without being in violation of G.S. 20‑118
this section provided that the wrecker and towed vehicle or
combination of vehicles otherwise meet all requirements of this section.
(8) A firefighting vehicle
operated by any member of a municipal or rural fire department in the performance
of his the member's duties, regardless of whether members of that
fire department are paid or voluntary voluntary, and any vehicle
of a voluntary lifesaving organization, when operated by a member of that
organization while answering an official call call, shall be
exempt from such the light‑traffic road limitations
provided by G.S. 20‑118(b)(4).subdivision (b)(4) of this
section.
(9) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 12.
(10) Fully enclosed motor
vehicles designed specifically for collecting, compacting compacting,
and hauling garbage from residences, residences or from
garbage dumpsters shall, when operating for those purposes, be allowed a single
axle weight not to exceed 23,500 pounds on the steering axle on vehicles
equipped with a boom, or on the rear axle on vehicles loaded from the rear.
This exemption shall does not apply to vehicles operating on
interstate highways, vehicles transporting hazardous waste as defined in G.S. 130A‑290(4),
G.S. 130A‑290(a)(8), spent nuclear fuel regulated under
G.S. 20‑167.1, low‑level radioactive waste as defined in
G.S. 104E‑5(9a), or radioactive material as defined in
G.S. 104E‑5(14).
…
(16) Subsections (b) and (e) of this section do not apply to a vehicle or vehicle combination that meets all of the conditions below, but all other enforcement provisions of this Article remain applicable:
…
For purposes
of this subdivision, no additional weight allowances as found in this
section shall apply for the gross weight, single‑axle weight, and
tandem‑axle weight, and the tolerance allowed by subsection (h) of this
section shall does not apply.
…
(19) Any additional weight
allowance authorized by 23 U.S.C. § 127, and applicable to all interstate
highways, shall also apply also applies to all State roads,
unless the road is a posted road or posted bridge, or unless specifically
prohibited by State law or a Department ordinance applicable to a specific
road.
(d) The Department of
Transportation is authorized to abrogate certain exceptions. The exceptions
provided for in G.S. 20‑118(c)(4) and 20‑118(c)(5) subdivisions
(c)(4) and (c)(5) of this section as applied to any light‑traffic
road may be abrogated by the Department of Transportation upon a determination
of the Department of Transportation that undue damage to such the light‑traffic
road is resulting from such vehicles exempted by G.S. 20‑118(c)(4)
and 20‑118(c)(5). subdivisions (c)(4) and (c)(5) of this section. In
those cases where the exemption to the light‑traffic roads are abrogated
by the Department of Transportation, the Department shall post the road to
indicate no exemptions.
(e) Penalties. –
…
(3) If an axle‑group weight of a vehicle exceeds the weight limit set in subdivision (b)(3) of this section plus any tolerance allowed in subsection (h) of this section or axle‑group weights or gross weights authorized by special permit under G.S. 20‑119(a), the Department of Public Safety shall assess a civil penalty against the owner or registrant of the motor vehicle. The penalty shall be assessed on the number of pounds by which the axle‑group weight exceeds the limit set in subdivision (b)(3) of this section, or by a special permit issued pursuant to G.S. 20‑119, as follows: for the first 2,000 pounds or any part thereof, two cents (2¢) per pound; for the next 3,000 pounds or any part thereof, four cents (4¢) per pound; for each pound in excess of 5,000 pounds, ten cents (10¢) per pound. Tolerance pounds in excess of the limit set in subdivision (b)(3) of this section are subject to the penalty if the vehicle exceeds the tolerance allowed in subsection (h) of this section. These penalties apply separately to each axle‑group weight limit violated. Notwithstanding any provision to the contrary, a vehicle with a special permit that is subject to additional penalties under this subsection based on a violation of any of the permit restrictions set out in G.S. 20‑119(d1) shall be assessed a civil penalty, not to exceed ten thousand dollars ($10,000), based on the number of pounds by which the axle‑group weight exceeds the limit set in subdivision (b)(3) of this section.
…
(g) General Statutes 20‑118
shall not be construed to This section does not permit the gross
weight of any vehicle or combination in excess of the safe load carrying
capacity established by the Department of Transportation on any bridge pursuant
to G.S. 136‑72.
…
(k) A vehicle which is
equipped with a self‑loading bed and which is designed and used
exclusively to transport compressed seed cotton from the farm to a cotton gin,
or sage to market, may operate on the highways of the State, except interstate
highways, with a tandem‑axle weight not exceeding 50,000 pounds. Such
vehicles shall be are exempt from light‑traffic road
limitations only from point of origin on the light‑traffic road to the
nearest State‑maintained road which is not posted to prohibit the
transportation of statutory load limits. This exemption does not apply to
restricted, posted bridge structures."
SECTION 6.(a) G.S. 24‑10(c) reads as rewritten:
"(c) "Construction
loan" means a loan which is obtained for the purpose of financing fully,
or in part, the cost of constructing buildings or other improvements upon real
property and the proceeds of which, under the terms of a written contract
between a lender and a borrower, are to be disbursed periodically as such the
construction work progresses; and such progresses. A construction
loan shall be payable in full not later than 18 months in case of a loan
made under the provisions of G.S. 24‑1.1(1) G.S. 24‑1.1(a)(1)
or 36 months in case of any other construction loan made after the
execution of the note by the borrower. A construction loan may include advances
for the purchase price of the property upon which such the improvements
are to be constructed."
SECTION 6.(b) G.S. 24‑10(g) reads as rewritten:
"(g) Notwithstanding the
limitations contained in subsection (a) of this section, a lender described in
G.S. 24‑1.1A(a)(2) may charge or receive from any borrower borrower,
or any agent for a borrower, fees or discounts which in the aggregate do
not exceed two percent (2%) on loans made under G.S. 24‑1.1 or
G.S. 24‑1.2(2) when such the loans are secured by a
second or junior lien on real property. The fees or discounts are fully earned
when the loan is made and are not a prepayment penalty under this Chapter or
any other law of this State."
SECTION 6.(c) G.S. 53‑141 reads as rewritten:
"§ 53‑141. Powers.
Industrial banks shall have perpetual duration and succession in their corporate name unless a limited period of duration is stated in their certificate of incorporation. They shall have the powers conferred by subdivisions (1), (2), and (3) of subsection (a) of G.S. 55‑3‑02, and subdivision (3) of G.S. 53‑43, such additional powers as may be necessary or incidental for the carrying out of their corporate purposes, and in addition thereto the following powers:
…
(2) To make loans and charge
and receive interest at rates not exceeding the rates of interest provided in G.S.
24‑1.1 and G.S. 24‑1.2. G.S. 24‑1.1.
…."
SECTION 7.(a) G.S. 39‑23.1 reads as rewritten:
"§ 39‑23.1. Definitions.
In this Article, the following definitions apply:
…
(7) Insider. – Includes any of the following:
a. If the debtor is an individual:individual,
any of the following:
1. A relative of the debtor
or of a general partner of the debtor;debtor.
2. A partnership in which
the debtor is a general partner;partner.
3. A general partner in a
partnership in which the debtor is a general partner; orpartner.
4. A corporation of which the debtor is a director, officer, or person in control.
b. If the debtor is a corporation:corporation,
any of the following:
1. A director of the debtor;debtor.
2. An officer of the debtor;debtor.
3. A person in control of
the debtor;debtor.
4. A partnership in which
the debtor is a general partner;partner.
5. A general partner in a
partnership in which the debtor is a general partner; orpartner.
6. A relative of a general partner, director, officer, or person in control of the debtor.
c. If the debtor is a partnership:partnership,
any of the following:
1. A general partner in the debtor;debtor.
2. A relative of a general
partner in, a general partner of, or a person in control of the debtor;debtor.
3. Another partnership in
which the debtor is a general partner;partner.
4. A general partner in a
partnership in which the debtor is a general partner; orpartner.
5. A person in control of the debtor.
d. An affiliate, or an insider of an affiliate as if the affiliate were the debtor.
e. A managing agent of the debtor.
…
(14) Voidable transaction. – The term does not include
payment to the State or a political subdivision of the State of taxes, debts,
fines, penalties, or other obligations or amounts."
SECTION 7.(b) G.S. 39‑23.8(b), (d), and (e) read as rewritten:
"(b) To the extent a transfer is avoidable in an action by a creditor under G.S. 39‑23.7(a)(1), the following rules apply:
(1) Except as otherwise
provided in this section, the creditor may recover judgment for the value of
the asset transferred, as adjusted under subsection (c) of this section, or the
amount necessary to satisfy the creditor's claim, whichever is less. The
judgment may be entered against:against any of the following:
a. The first transferee of
the asset or the person for whose benefit the transfer was made; ormade.
b. An immediate or mediate
transferee of the first transferee, other than:than any of the
following:
1. A good‑faith
transferee that took for value; orvalue.
2. An immediate or mediate good‑faith transferee of a person described in sub‑sub‑subdivision 1. of this sub‑subdivision.
(2) Recovery pursuant to G.S. 39‑23.7(a)(1) or G.S. 39‑23.7(b) of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in sub‑subdivision a. or b. of subdivision (1) of this subsection.
…
(d) Notwithstanding
voidability of a transfer or an obligation under this Article, a good‑faith
transferee or obligee is entitled, to the extent of the value given the debtor
for the transfer or obligation, to:to any of the following:
(1) A lien on or a right to
retain an interest in the asset transferred;transferred.
(2) Enforcement of an
obligation incurred; orincurred.
(3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under G.S. 39‑23.4(a)(2) or G.S. 39‑23.5 if the transfer results from one or more of the following:
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law.
(2) Enforcement of a security interest in compliance with Article 9 of Chapter 25 of the General Statutes, the Uniform Commercial Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.
(3) The payment of taxes, debts, fines, penalties, or other obligations or amounts to the State or to any political subdivision of the State."
SECTION 8.(a) G.S. 44A‑11.2 reads as rewritten:
"§ 44A‑11.2. Identification of lien agent; notice to lien agent; effect of notice.
(a) As used in this section,
the term "contact information" shall mean means the
name, physical and mailing address, telephone number, facsimile number, and
electronic mail address of the lien agent designated by the owner pursuant to
G.S. 44A‑11.1.
…
(b1) A potential lien claimant
making a request pursuant to subsection (b) of this section who did not receive
the lien agent contact information pursuant to subsection (c) of this section,
and who has not furnished labor, materials, rental equipment, or professional
design or surveying services at the site of the improvements, or who last
furnished labor, materials, rental equipment, or professional design or
surveying services at the site of the improvements prior to the posting of the
contact information for the lien agent pursuant to subsection (d) or (e) of
this section, shall have has no obligation to give notice to the
lien agent under this section until the potential lien claimant has received
the contact information from the owner.
(c) A contractor or
subcontractor for improvements to real property subject to G.S. 44A‑11.1
shall, within three business days of contracting with a lower‑tier
subcontractor who is not required to furnish labor, materials, rental
equipment, or professional design or surveying services at the site of the
improvements, provide the lower‑tier subcontractor with a written notice
containing the contact information for the lien agent designated by the owner.
This notice shall be given pursuant to subsection (f) of this section or may be
given by including the lien agent contact information in a written subcontract
entered into by, or a written purchase order issued to, the lower‑tier
subcontractor entitled to the notice required by this subsection. Any
contractor or subcontractor who has previously received notice of the lien
agent contact information, whether from the building permit, the inspections
office, a notice from the owner, contractor, or subcontractor, or by any other
means, and who fails to provide the lien agent contact information to the lower‑tier
subcontractor in the time required under this subsection, shall be is
liable to the lower‑tier subcontractor for any actual damages
incurred by the lower‑tier subcontractor as a result of the failure to
give notice.
…
(f) In complying with any requirement for written notice pursuant to this section, the notice shall be addressed to the person required to be provided with the notice and shall be delivered by any of the following methods:
…
(3) Physical delivery and obtaining a delivery receipt from the lien agent.
…
(6) Electronic mail, with delivery receipt.
(7) Utilizing an Internet Web site approved for such use by the designated lien agent to transmit to the designated lien agent, with delivery receipt, all information required to notify the lien agent of its designation pursuant to G.S. 44A‑11.1 or to provide a notice to the designated lien agent pursuant to this section.
As used in this subsection,
"delivery receipt" includes an electronic or facsimile confirmation.
A return receipt or other receipt showing delivery of the notice to the
addressee or written evidence that such the notice was delivered
by the postal service or other carrier to but not accepted by the addressee shall
be is prima facie evidence of receipt.
(g) For purposes of this
subsection, "custom contractor" means a contractor duly licensed as a
general contractor pursuant to Article 1 of Chapter 87 of the General Statutes
who has contracted with an owner who is not an affiliate, relative, or insider
of the contractor to build a single‑family residence on the owner's
property to be occupied by the owner as a residence. A custom contractor will
shall be deemed to have met the requirement of notice under
subsections (l) and (m) of this section on the date of the lien agent's
receipt of notice of its designation as lien agent delivered to it by the
custom contractor in accordance with this section if, at the time of the lien
agent's receipt of the notice, all of the following conditions are met:
…
After receiving a notice of its designation from a custom contractor pursuant to this subsection, the designated lien agent shall include the custom contractor's name and contact information in responding to any request for information pursuant to G.S. 58‑26‑45(b)(7).
(h) When a lien agent is not
identified in a contract for improvements to real property subject to
G.S. 44A‑11.1 entered into between an owner and a design
professional, the design professional will shall be deemed to
have met the requirement of notice under subsections (l) and (m) of this
section on the date of the lien agent's receipt of the owner's designation of
the lien agent. The owner shall provide written notice to the lien agent
containing the information pertaining to the design professional required in a
notice to lien agent pursuant to subdivisions (1) through (3) of subsection (i)
of this section, by any method of delivery authorized in subsection (f) of this
section. The lien agent shall include the design professional's name and
address in its response to any persons requesting information relating to
persons who have given notice to the lien agent pursuant to this section. For
purposes of this subsection, the term "design professional" shall
mean means any architects, engineers, land surveyors, and landscape
architects registered under Chapter 83A, 89A, or 89C of the General Statutes.
…
(k) The notice to lien agent
shall not be filed with the clerk of superior court. An inaccuracy in the
description of the improved real property provided in the notice shall does
not bar a person from claiming a lien under this Article or otherwise
perfecting or enforcing a claim of lien as provided in this Article, if the
improved real property can otherwise reasonably be identified from the
information contained in the notice.
(l) Except as otherwise provided in this section, for any improvement to real property subject to G.S. 44A‑11.1, a potential lien claimant may perfect a claim of lien on real property only if at least one of the following conditions is met:
…
(2) Any of the following conditions is met:
a. The lien agent identified in accordance with this section has received a Notice to Lien Agent from the potential lien claimant prior to the date of recordation of a conveyance of the property interest in the real property to a bona fide purchaser for value protected under G.S. 47‑18 who is not an affiliate, relative, or insider of the owner.
b. The potential lien claimant has perfected its claim of lien on real property pursuant to G.S. 44A‑11 prior to the recordation of a conveyance of the property interest in the real property to a bona fide purchaser for value protected under G.S. 47‑18 who is not an affiliate, relative, or insider of the owner.
As used in
this subdivision, the terms "affiliate," "relative," and
"insider" shall have the meanings as set forth in G.S. 39‑23.1.
(m) Except as otherwise
provided in this section, for any improvement to real property subject to
G.S. 44A‑11.1, the claim of lien on real property of a potential
lien claimant that is not perfected pursuant to G.S. 44A‑11 prior to
the recordation of any mortgage or deed of trust for the benefit of one who is
not an affiliate, relative, or insider of the owner shall be is subordinate
to the previously recorded mortgage or deed of trust unless at least one of the
following conditions is met:
…
(n) For any improvement to
real property subject to G.S. 44A‑11.1, a potential lien claimant shall
not be is not required to comply with this section if the lien agent
contact information is neither contained in the building permit or attachment
thereto or sign posted on the improved property pursuant to subsection (d) or
(e) of this section at the time when the potential lien claimant was furnishing
labor, materials, rental equipment, or professional design or surveying
services at the site of the improvements, nor timely provided by the owner in
response to a written request by the potential lien claimant made pursuant to
subsection (b) of this section. The lien rights of a potential lien claimant
who is given erroneous information by the owner regarding the identity of the
lien agent will not be are not extinguished under subsection (l)
of this section nor subordinated under subsection (m) of this section.
(o) Except as provided in
subsections (l) and (m) of this section, nothing contained in this
section shall affect affects a claim of lien upon funds pursuant
to G.S. 44A‑18.
…
(v) (Effective October 1,
2018) Cancellation or expiration of a Notice to Lien Agent pursuant to this
section has no affect [effect] effect upon the validity of a
previously filed claim of lien or upon the priority of lien rights."
SECTION 8.(b) The amendments to G.S. 44A‑11.2(v) in subsection (a) of this section become effective October 1, 2018. The remainder of this section is effective when it becomes law.
SECTION 9. G.S. 48‑3‑303(g) reads as rewritten:
"(g) If the agency
determines that the individual is not suitable to be an adoptive parent, the replacement
preplacement assessment shall state the specific concerns which
support that determination. A specific concern is one that reasonably indicates
that placement of any minor, or a particular minor, in the home of the
individual would pose a significant risk of harm to the well‑being of the
minor."
SECTION 10.(a) G.S. 53‑208.45 reads as rewritten:
"§ 53‑208.45. License application.
(a) Applications under this
Article shall be filed through the NMLS in a form acceptable to the
Commissioner. To be considered complete, all applications shall be verified by
oath or affirmation of the applicant or a designee thereof and shall contain:contain
all of the following:
(1) The legal name, along
with any assumed names or trade names, assumed business names, principal
address, contact information, and social security number or taxpayer
identification number of the applicant.
…
(4) A certificate of authority from the North Carolina Secretary of State to conduct business in this State, if required by the North Carolina Business Corporations Act, Chapter 55 of the General Statutes, or other evidence of the applicant's registration or qualification to do business in this State.
…
(13) If the applicant seeks to
engage in money transmission in this State through authorized delegates:delegates,
all of the following:
a. A list identifying the
proposed authorized delegates, including the name, mailing address, and other
contact information of a representative of the authorized delegate and
associated branch locations;locations.
b. A sample authorized delegate contract.
…
(15) A copy of the applicant's
most recent audited financial statement, including the balance sheet, statement
of income or loss, statement of changes in shareholder equity, if applicable,
and statement of changes in financial position and the applicant's audited
financial statements for the immediately preceding two‑year period.
However, if the applicant is a wholly owned subsidiary of another corporation,
the applicant may submit either the parent corporation's consolidated audited
financial statements for the current year and for the immediately preceding two‑year
period or the parent corporation's Form 10K reports filed with the United
States Securities and Exchange Commission for the prior three years in lieu of
the applicant's financial statements. If the applicant is a wholly owned
subsidiary of a corporation having its principal place of business outside the
United States, similar documentation filed with the parent corporation's non‑United
States regulator may be submitted to satisfy this provision.subdivision.
…
(b) Upon request by the Commissioner or the Commissioner's designee, the applicant shall furnish any additional information necessary to enable the Commissioner to evaluate the application as required by G.S. 53‑208.50.
(c) The Commissioner is
authorized, may, for good cause shown, to waive any
requirements of this section with respect to any application or to permit
any applicant to submit equivalent information in lieu of the information
required by this section."
SECTION 10.(b) G.S. 53‑208.56 reads as rewritten:
"§ 53‑208.56. Licensure authority.
The Commissioner may by order, deny, suspend, revoke, or refuse to issue a license under this Article, or may restrict or limit the manner in which a licensee or applicant engages in the business of money transmission, if the Commissioner finds both of the following:
(1) That the order is in the
public interest; andinterest.
(2) Any of the following circumstances apply:
a. Any fact or condition
exists that, if it had existed at the time of application, would have been
grounds for denial;denial.
b. The licensee or applicant
has filed any application, report, or other document with the Commissioner
containing statements that, in light of the circumstances in which they were
made, were false or misleading with respect to a material fact;fact.
c. The licensee or applicant
fails at any time to meet the requirements of G.S. 53‑208.46, 53‑208.47,
or 53‑208.48;53‑208.48.
d. A controlling person or
key management personnel of the licensee or applicant has been convicted of:of
any of the following:
1. A misdemeanor in the last
10 years involving fraud, money laundering, theft or wrongful taking of property,
bribery, perjury, forgery, counterfeiting, extortion, or conspiracy to commit
any of these offenses or involving any financial service or financial service‑related
business; orbusiness.
2. Any felony in the last seven years.
e. The licensee or applicant
has violated or failed to comply with any provision of this Article, rule
issued pursuant to this Article, or order of the Commissioner;Commissioner.
f. The licensee has
conducted its business in an unsafe or unsound manner;manner.
g. The licensee or applicant
is insolvent, has suspended payment of its obligations, has made an assignment
for the benefit of its creditors, or has admitted in writing its inability to
pay its debts as they become due;due.
h. The licensee fails to
respond to and cooperate fully with notices from the Commissioner or the
Commissioner's designee related to the scheduling and conducting of an
examination or investigation pursuant to § 53‑208.55;G.S. 53‑208.55.
i. The licensee or applicant
fails to respond to inquiries from the Commissioner or the Commissioner's
designee regarding any complaints filed, which allege or involve violation of
this Article;Article.
j. The licensee fails to
make any report required by this Article;Article.
k. The licensee or applicant
is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of
the money transmission business; orbusiness.
l. The licensee or applicant is the subject of an order entered within the past five years by the authority of any state or federal agency with jurisdiction over the business of money transmission."
SECTION 10.(c) G.S. 53‑208.62 reads as rewritten:
"§ 53‑208.62. Commissioner's participation in nationwide registry.
(a) The Commissioner may
require all persons subject to this Article to be licensed through the NMLS,
and upon issuing such this requirement, the Commissioner shall
establish a reasonable transition period. In order to carry out these
requirements, the Commissioner is authorized to may participate
in the NMLS.
(b) The Commissioner is
authorized to may establish relationships or contracts with the NMLS
or other entities designated by the NMLS to collect and maintain records and
process transaction fees or other fees related to licensees or other person persons
subject to this Article.
(c) For the purpose of
participating in the NMLS, the Commissioner is authorized to may waive
or modify, in whole or in part, any or all of the requirements as reasonably
necessary to participate in the NMLS."
SECTION 11. G.S. 59‑32 reads as rewritten:
"§ 59‑32. Definition of terms.
As used in this Chapter, except as
otherwise defined in Article 5 of this Chapter for purposes of that Article, unless
the context otherwise requires:the following definitions apply:
(01)(1) "Act"
means the Act. – The North Carolina Uniform Partnership Act and
refers to all provisions therein.
(1)(1a) "Bankrupt"
means bankrupt Bankrupt. – Bankrupt under the Federal Bankruptcy Act
or insolvent under any State insolvent act.
(2) "Business"
means every Business. – Every trade, occupation, or profession.
(3) "Conveyance"
means every Conveyance. – Every assignment, lease, mortgage, or
encumbrance.
(4) "Court" means
every Court. – Every court and judge having jurisdiction in the
case.
(4a) "Domestic
corporation" has Domestic corporation. – Has the same meaning
as in G.S. 55‑1‑40.
(4b) "Domestic limited
liability company" has Domestic limited liability company. – Has the
same meaning as the term "LLC" in G.S. 57D‑1‑03.
(4c) "Domestic limited
partnership" has Domestic limited partnership. – Has the same
meaning as in G.S. 59‑102.
(4d) "Domestic nonprofit
corporation" means a Domestic nonprofit corporation. – A corporation
as defined in G.S. 55A‑1‑40.
(4e) "Foreign
corporation" has Foreign corporation. – Has the same meaning as
in G.S. 55‑1‑40.
(4f) "Foreign limited
liability company" has Foreign limited liability company. – Has the
same meaning as the term "foreign LLC" in G.S. 57D‑1‑03.
(4g) "Foreign limited
liability partnership" means a Foreign limited liability
partnership. – A partnership that (i) is formed under laws other
than the laws of this State, State and has the status of a
limited liability partnership or registered limited liability partnership under
those laws.
(4h) "Foreign limited
partnership" has Foreign limited partnership. – Has the same
meaning as in G.S. 59‑102.
(4i) "Foreign
nonprofit corporation" means a Foreign nonprofit corporation. – A foreign
corporation as defined in G.S. 55A‑1‑40.
(5) "Person"
means individuals, Person. – Individuals, partnerships,
corporations, limited liability companies, and other associations.
(5a) "Principal
office" means the Principal office. – The office (in or out of
this State) where the principal executive offices of a registered limited
liability partnership or a foreign limited liability partnership are located,
as designated in its most recent annual report filed with the Secretary of
State or, if no annual report has yet been filed, in its application for
registration as a registered limited liability partnership or foreign limited
liability partnership.
(6) "Real
property" means land Real property. – Land and any interest or
estate in land.
(7) "Registered
limited liability partnership" means a Registered limited liability
partnership. – A partnership that is registered under G.S. 59‑84.2
and complies with G.S. 59‑84.3.
(8) "Service‑disabled
veteran" means a Service‑disabled veteran. – A veteran
with a disability that was incurred or aggravated during the veteran's service
in the Armed Forces of the United States.
(9) "Service‑disabled
veteran‑owned small business" means a Service‑disabled
veteran‑owned small business. – A business that satisfies both of all
of the following requirements:
a. The business's net annual receipts do not exceed one million dollars ($1,000,000).
b. One or more service‑disabled veterans own more than fifty percent (50%) of the business.
(10) "Veteran"
means an Veteran. – An individual entitled to any benefits or rights
under the laws of the United States by reason of service in the Armed Forces of
the United States.
(11) "Veteran‑owned
small business" means a Veteran‑owned small business. – A business
that satisfies both of all of the following requirements:
a. The business's net annual receipts do not exceed one million dollars ($1,000,000).
b. One or more veterans own more than fifty percent (50%) of the business."
SECTION 12.(a) G.S. 89F‑20(a) reads as rewritten:
"(a) The Board may,
consistent with the provisions of Chapter 150B of the General Statues, Statutes,
refuse to grant or to renew, suspend, or revoke the license of any person
licensed under this Chapter who:
…."
SECTION 12.(b) G.S. 89G‑5 reads as rewritten:
"§ 89G‑5. Powers and duties.
The Board shall have the following powers and duties:
…
(8) To conduct administrative
hearings in accordance with Chapter 150B of the General Statues.Statutes.
…."
SECTION 12.(c) G.S. 106‑1041 reads as rewritten:
"§ 106‑1041. Statement of purpose and authorization.
The North Carolina Department of
Agriculture and Consumer Services is authorized to aid and assist agricultural
operations and landowners in the preparedness for, response to, and recovery
from agricultural emergencies. This authorization is given separate and apart
from the authorities authorized by Chapter 166A of the General Statutes and
shall not require declaration of a state of emergency pursuant to
G.S. 166A‑19.20 for its implementation. In the event of a state of
emergency declaration and where this Article is inconsistent with the
provisions of Chapter 166A of the General Statutes, the provisions of Chapter
166A of the General Statues Statutes shall control as to the
areas covered under the declaration. The Board of Agriculture may adopt rules
necessary for the implementation and administration of this Article."
SECTION 13.(a) The following statutes are amended by deleting the phrase "the the chairs" wherever it appears and substituting the phrase "the chairs": G.S. 96‑35, 143B‑431.01(d)(1), 143B‑431.01(f), 143B‑434.2(d), 143B‑435.1(d), 143B‑437.02(k), 143B‑437.012(m), 143B‑438.10(a)(7a), 143B‑438.10(a)(8), 143B‑438.14(d), 143B‑472.35(l), and 143B‑1285(3).
SECTION 13.(b) G.S. 115D‑11.6 reads as rewritten:
"§ 115D‑11.6. Apprenticeship Council.
The State Board of Community Colleges shall appoint an Apprenticeship Council composed of four representatives each from employer and employee organizations respectively and three representatives from the public at large. One State official designated by the Department of Public Instruction and one State official designated by the Department of Commerce shall be a member ex officio of the council, without vote. The terms of office of the members of the Apprenticeship Council shall be designated by the State Board. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his or her predecessor shall be appointed for the remainder of the term. Each member of the Council not otherwise compensated by public moneys, shall be reimbursed for transportation and shall receive such per diem compensation as is provided generally for boards and commissions under the biennial maintenance appropriation acts for each day spent in attendance at meetings of the Apprenticeship Council. The State Board of Community Colleges shall annually appoint one member of the Council to act as its chair.
The Apprenticeship Council shall
meet at the call of the State Board of Community Colleges and shall aid the
State Board and the Community Colleges System Office in formulating policies
for the effective administration of this Article. The Apprenticeship Council
shall establish standards for apprentice agreements which in no case shall be
lower than those prescribed by this Article, shall recommend rules and
regulations to the State Board of Community Colleges as may be necessary to
carry out the intent and purposes of this Article, and shall perform other
functions as the State Board of Community Colleges may direct. Not less than
once a year the Apprenticeship Council shall make a report through the
Community Colleges System Office of its activities and findings to the
legislature and to the public. to the public and to 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."
SECTION 13.(c) G.S. 143B‑434.01 reads as rewritten:
"§ 143B‑434.01. Comprehensive Strategic Economic Development Plan.
(a) Definitions. – The following definitions apply in this section:
…
(b) Plan. – The Secretary shall review and update the existing Plan on or before April 1 of each year. The Plan shall cover a period of four years and each annual update shall extend the time frame by one year so that a four‑year plan is always in effect. The Secretary shall provide copies of the Plan and each annual update to the Governor and the Joint Legislative Commission on Governmental Operations. The Plan shall encompass all of the components set out in this section.
(c) Purpose. – The purpose
of this section is to require the Secretary to apply strategic planning principles
to its economic development efforts. This requirement is expected to result in:in
all of the following:
…
(d) (1) Public
and Private Input. –
(1) At each stage as it develops and updates the Plan, the Secretary shall solicit input from all parties involved in economic development in North Carolina, including:
…
(2) The Secretary shall also
hold hearings in each of the Regions to solicit public input on economic
development before the initial Plan is completed. The purposes of the public
hearings are to:to do all of the following:
…
The Secretary shall hold additional hearings from time to time to solicit public input regarding economic development activities.
…
(e) Environmental Scan. – The first step in developing the Plan shall be to develop an environmental scan based on the input from economic development parties and the public and on information about the economic environment in North Carolina. To prepare the scan, the Secretary shall gather the information required in this subsection and ensure that the information is updated periodically. The updated information may be provided in whatever format and through whatever means is most efficient. The information required to prepare the scan includes all of the following:
…
(2) Compilation of the latest data on the strength of the business environment by State, Region, and county with emphasis on the following dynamics of job creation: start‑ups, expansions, locations, contractions, and failures. Special assessments are to be made of rural, small, and minority business components of overall activity.
…
(f) Repealed by Session Laws 2012‑142, s. 13.4(a), effective July 1, 2012.
…
(k) Annual Evaluation. – The Secretary shall annually evaluate the State's economic performance based upon the statistics listed in this subsection and upon the Secretary's stated goals and objectives in its Plan. The statistics upon which the evaluation is made should be available to policymakers. The information may be provided in whatever format and through whatever means is most efficient. The statistics are as follows:
…
(l) Accountability.
– The Secretary shall make all data, plans, and reports available to the the
chairs of the Senate Appropriations Committee on Agriculture, Natural, and
Economic Resources, the chairs of the House of Representatives Appropriations
Committee on Agriculture and Natural and Economic Resources, and the Joint
Legislative Economic Development and Global Engagement Oversight Committee, the
Joint Legislative Economic Development and Global Engagement Oversight
Committee, 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 at
appropriate times and upon request. The Secretary shall prepare and make
available on an annual basis public reports on each of the major sections of
the Plan and the Annual Report indicating the degree of success in attaining
each development objective."
SECTION 14. G.S. 106‑702(b) and (c) read as rewritten:
"(b) If any plaintiff or
plaintiff's successor in interest brings a subsequent private nuisance action
against any agricultural or forestry operation, the combined recovery from all
such actions shall not exceed the fair market value of his or her property. the
property at issue. This limitation applies regardless of whether the
subsequent action or actions were brought against a different defendant than
the preceding action or actions.
(c) This Article shall
apply applies to any private nuisance claim brought against any
party based on that party's contractual or business relationship with an
agricultural or forestry operation."
SECTION 15. G.S. 113A‑134.12 reads as rewritten:
"§ 113A‑134.12. Multiyear beach management and restoration strategy and plan.
(a) The Department of Environmental Quality shall develop a multiyear beach management and restoration strategy and plan that does all of the following:
…
(10) Provides for and requires
adequate public beach access, including handicapped access.access for
individuals with a disability.
…
(b) Each plan shall be as
complete as resources and available information allow. Environmental Quality"
SECTION 16. G.S. 115C‑296.2(b) reads as rewritten:
"(b) Definitions. – As used in this subsection:
(1) A "North Carolina
public school" is a school operated by a local board of education, the
Department of Health and Human Services, the Division of Adult Correction and
Juvenile Justice of the Department of Public Safety, the Division of Adult
Correction and Juvenile Justice of the Department of Public Safety or The
University of North Carolina; a school affiliated with The University of North
Carolina; or a charter school approved by the State Board of Education.
…."
SECTION 17. G.S. 130A‑26A is recodified as G.S. 130A‑26.4 and reads as rewritten:
"§ 130A‑26.4. Violations of Article 4.
(a) A person who commits any of the following acts shall be guilty of a Class 1 misdemeanor:
(1) Willfully and knowingly
makes any false statement in a certificate, record, or report required by
Article 4 of this Chapter;Chapter.
(2) Removes or permits the
removal of a dead body of a human being without authorization provided in
Article 4 of this Chapter;Chapter.
(3) Refuses or fails to
furnish correctly any information in the person's possession or furnishes false
information affecting a certificate or record required by Article 4 of this Chapter;Chapter.
(4) Fails, neglects, or refuses to perform any act or duty required by Article 4 of this Chapter or by the instructions of the State Registrar prepared under authority of the Article.
(5) Charges a fee for performing any act or duty required by Article 4 of this Chapter or by the State Registrar pursuant to Article 4 of this Chapter, other than fees specifically authorized by law.
(b) A person who commits any of the following acts shall be guilty of a Class I felony:
(1) Willfully and knowingly
makes any false statement in an application for a certified copy of a vital
record, or who willfully and knowingly supplies false information intending
that the information be used in the obtaining of any copy of a vital record;record.
(2) Without lawful authority
and with the intent to deceive makes, counterfeits, alters, amends, or
mutilates a certificate, record, or report required by Article 4 of this
Chapter or a certified copy of the certificate, record, or report;report.
(3) Willfully and knowingly
obtains, possesses, sells, furnishes, uses, or attempts to use for any purpose
of deception, a certificate, record, or report required by Article 4 of this
Chapter or a certified copy of the certificate, record, or report, which is
counterfeited, altered, amended, or mutilated, or which is false in whole or in
part or which relates to the birth of another person, whether living or deceased;deceased.
(4) When employed by the
Vital Records Section of the Department or designated under Article 4 of this
Chapter, willfully and knowingly furnishes or processes a certificate of birth,
death, marriage, or divorce, or certified copy of a certificate of birth,
death, marriage, or divorce with the knowledge or intention that it be used for
the purposes of deception;deception.
(5) Without lawful authority
possesses a certificate, record, or report required by Article 4 of this
Chapter or a certified copy of the certificate, record, or report knowing that
it was stolen or otherwise unlawfully obtained;obtained.
(6) Willfully alters, except
as provided by G.S. 130A‑118, or falsifies a certificate or record
required by Article 4 of this Chapter; or willfully alters, falsifies, or
changes a photocopy, certified copy, extract copy, or any document containing
information obtained from an original or copy of a certificate or record
required by Article 4 of this Chapter; or willfully makes, creates, or uses any
altered, falsified falsified, or changed record, reproduction, copy
copy, or document for the purpose of attempting to prove or
establish for any purpose whatsoever any matter purported to be shown on it;it.
(7) Without lawful authority,
manufactures or possesses the seal of: (i) the Vital Records Section, (ii) a
county register of deeds, or (iii) a county health department, or without
lawful authority, manufactures or possesses a reproduction or a counterfeit
copy of the seal;seal.
(8) Without lawful authority
prepares or issues any certificate which purports to be an official certified
copy of a vital record;record.
(9) Without lawful authority,
manufactures or possesses Vital Records Section, county register of deeds, or
county health department vital records forms or safety paper used to certify
births, deaths, marriages, and divorces, or reproductions or counterfeit copies
of the forms or safety paper; orpaper.
(10) Willfully and knowingly furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by an unauthorized person or for an unauthorized purpose."
SECTION 18. Article 18A of Chapter 136 of the General Statutes is repealed.
SECTION 19. G.S. 143‑157.1(a) and (b) read as rewritten:
"(a) Appointments. – In
appointing members to public bodies set forth in subsections (c) and (d) of
this section, the appointing authority should select, from among the most
qualified persons, those persons whose appointment would promote membership on
the body that accurately reflects the proportion that each gender represents in
the population of the State as a whole or, in the case of a local body, in the
population of the area represented by the or body, as determined
pursuant to the most recent federal decennial census, unless the law regulating
such the appointment requires otherwise. If there are multiple
appointing authorities for the body, they may consult with each other to
accomplish the purposes of this section.
(b) Reports Generally. – Each appointing authority described in subsection (a) of this section shall submit a report to the Secretary of State annually which discloses the number of appointments made during the preceding year and the number of appointments of each gender made, expressed both in numerical terms and as a percentage of the total membership of the body. In addition, each appointing authority shall designate a person responsible for retaining all applications for appointment, who shall ensure that information describing each applicant's gender and qualifications is available for public inspection during reasonable hours. Nothing in this section requires disclosure of an applicant's identity or of any other information made confidential by law. The Secretary of State shall prescribe the form used to report these appointments and may accept these reports by electronic means. Reports by appointing authorities shall be due in the Department of the Secretary of State on or before September 1. From these reports, the Secretary of State shall generate an annual composite report that shall be published by December 1. Copies of the report shall be submitted to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate."
SECTION 20. G.S. 143‑723 reads as rewritten:
"§ 143‑723. Open meetings; public records; audit.
The Open Meetings Law (Article
33 (Article 33C of Chapter 143 of the General Statutes) and the
Public Records Act (Chapter 132 of the General Statutes) shall apply to
the Fund and the Commission, and the Fund and the Commission shall be are
subject to audit by the State Auditor as provided by law. The Commission
shall reimburse the State Auditor for the actual cost of the audit."
SECTION 21. G.S. 150B‑1(d) reads as rewritten:
"(d) Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the following:
…
(6) and Juvenile Justice The
Department of Public Safety, with respect to matters relating to executions
under Article 19 of Chapter 15 of the General Statutes and matters relating
solely to persons in its custody or under its supervision, including prisoners,
probationers, and parolees.
…."
SECTION 22. G.S. 150B‑21.11 reads as rewritten:
"§ 150B‑21.11. Procedure when Commission approves permanent rule.
When the Commission approves a
permanent rule, it must notify the agency that adopted the rule of the
Commission's approval, and deliver the approved rule to the Codifier of Rules.Regulatory
Reform
If the approved rule will increase or decrease expenditures or revenues of a unit of local government, the Commission must also notify the Governor of the Commission's approval of the rule and deliver a copy of the approved rule to the Governor by the end of the month in which the Commission approved the rule."
SECTION 23.(a) Section 16D.4(dd) of S.L. 2017‑57 reads as rewritten:
"SECTION 16D.4.(dd) In
developing and implementing the education and training required by subsections (a)
and (b) (bb) and (cc) of this section, the North Carolina Criminal
Justice Education and Training Standards Commission and the North Carolina
Sheriffs' Education and Training Standards Commission shall work with the
Division of Adult Correction and Juvenile Justice of the Department of Public
Safety."
SECTION 23.(b) Section 16D.4(tt) of S.L. 2017‑57 reads as rewritten:
"SECTION 16D.4.(tt)
Sections 16D.4(a) through 16D.4(s) of this act become effective December 1,
2019, and apply to offenses committed on or after that date. Sections 16D.4(t)
through 16D.4(x) of this act become effective October 1, 2017, and Sections
16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date.
Except as otherwise provided in this act, section, the remainder
of this act section is effective when it becomes law.
Prosecutions or delinquency proceedings initiated for offenses committed before
any particular section subsection of this section becomes
effective are not abated or affected by this act, and the statutes that are in
effect on the dates the offenses are committed remain applicable to those
prosecutions."
SECTION 24.(a) Section 36.7(b) of S.L. 2017‑57 reads as rewritten:
"SECTION 36.7.(b) Reporting. – The following reports are required:
(1) By October 1, 2017, October
15, 2017, and every six months thereafter, each State agency shall report
on the status of agency capital projects to the Joint Legislative Commission on
Governmental Operations.
(2) By October 1, 2017, October
15, 2017, and quarterly thereafter, each State agency shall report on the
status of agency capital projects to the Fiscal Research Division of the
General Assembly and to the Office of State Budget and Management."
SECTION 24.(b) Section 7(b) of S.L. 2017‑206 is repealed.
SECTION 25. Subsections (b) and (c) of Section 2 of S.L. 2017‑137 read as rewritten:
"SECTION 2.(b) Pilot
Program to Reduce Inventory of DOT Residue Property. – No later than January 1,
2018, the Department shall establish a pilot program for disposing of residue
property in accordance with Section 1(a) Section 2(a) of this
act. In implementing this pilot program, the Department shall prepare a request
for proposals to select three real estate brokers and three real estate
auctioneers or real estate auction firms to dispose of a representative sample
of residue properties, selected by the Department, consisting of at least 15
Class A properties, 30 Class B properties, and 45 Class C properties
distributed throughout the State. If the quantity of residue property in each
class is insufficient to satisfy this minimum, the Department may set a minimum
based on the quantity of residue properties available. The term for the initial
contracts awarded shall be 180 days. The Department shall repeat the request
for proposals process to award contracts for a subsequent 180‑day term.
The Department shall review the progress of residue property disposition
pursuant to each contract awarded through the pilot program. The pilot program
shall terminate on January 1, 2019.
"SECTION 2.(c) No
later than March 1, 2018, and by March 1, 2019, the Department shall report to
the Joint Legislative Transportation Oversight Committee on the classification
and sale of residue properties pursuant to the pilot program established
pursuant to Section 1(b) Section 2(b) of this act. At a minimum,
this report shall include information on the following:
(1) The number and type of properties classified and offered as part of each request for proposal.
(2) The details of each request for proposal and award of contract pursuant to each request for proposal.
(3) The number and type of properties sold, including information about the manner of sale, the identity of the purchaser, and the average ratio of sale price to residue property value of the properties sold."
SECTION 26.(a) Section 2 of S.L. 2017‑174 reads as rewritten:
"SECTION 2. This act is
effective when it becomes law and applies to any licensee or prospective
applicant who seeks to make specified types of alterations or additions to its
hospital facilities or to construct new hospital facilities and who submits
plans and specifications to the Department of Health and Human Services
pursuant to Article 5 of Chapter 113E Chapter 131E of the General
Statutes on or after January 1, 2016."
SECTION 26.(b) This section becomes effective July 21, 2017.
part II. Technical corrections to the North Carolina Uniform power of attorney act
SECTION 27.(a) G.S. 32C‑1‑108(b) reads as rewritten:
"(b) If, after a
principal executes a power of attorney, the clerk of superior court appoints a
guardian of the principal's estate, or general guardian or other fiduciary
charged with the management of some or all of the principal's property, the
agent is accountable to the guardian or the fiduciary as well as to the
principal. The power of attorney is not terminated and the agent's authority
continues unless limited, suspended, suspended or terminated by
the clerk of superior court in accordance with this Chapter. pursuant
to G.S. 32C‑1‑116(a)(2) or terminated by the guardian of the
principal's estate or general guardian pursuant to G.S. 32C‑1‑110(a)(7)
or G.S. 32C‑1‑110(b)(5)."
SECTION 27.(b) G.S. 32C‑1‑116 reads as rewritten:
"§ 32C‑1‑116. Judicial relief.
(a) The clerks of superior court of this State shall have original jurisdiction of proceedings under this Chapter. Except as provided in subdivision (4) of this subsection, the clerk of superior court's jurisdiction is exclusive. The following proceedings are included:
…
(2) To terminate a power of
attorney or to limit, suspend, suspend or terminate the authority
of an agent where a guardian of the estate or a general guardian has been
appointed.
…
(b) Without otherwise limiting the jurisdiction of the superior court division of the General Court of Justice, the clerk of superior court shall not have jurisdiction under this subsection over the following actions:
(1) To modify or amend a power of attorney instrument.
(2) By or against creditors or debtors of an agent or principal.
(3) Involving claims for monetary damages, including claims for breach of fiduciary duty, fraud, and negligence.
(4) To set aside a power of attorney based on undue influence or lack of capacity.
(5) For the recovery of property transferred or conveyed by an agent on behalf of a principal with intent to hinder, delay, or defraud the principal's creditors.
(c) Proceedings brought
under the provisions of subsection (a) of this section shall be commenced as
prescribed for in in, and shall be conducted in accordance with, estate
proceedings under G.S. 28A‑2‑6 and may be brought by the
following persons:
(1) The principal or the agent.
(2) A general guardian, guardian of the principal's estate, or guardian of the principal's person.
(3) The personal representative of the estate of a deceased principal.
(4) A person authorized to make health care decisions for the principal.
(5) Any other interested person, including a person asked to accept a power of attorney.
…
(e) Nothing in this section shall
affect affects the right of a person to file an action in the
Superior Court Division of the General Court of Justice for declaratory relief
under Article 26 of Chapter 1 of the General Statutes.
…."
SECTION 28.(a) G.S. 32C‑1‑109(c) reads as rewritten:
"(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record in one of the following manners:
(1) After a personal
examination of the principal, by two individuals who are either a physician, a
licensed psychologist, or both, that the principal is incapacitated within the
meaning of G.S. 32C‑1‑102(5)a.G.S. 32C‑1‑102(6)a.
(2) By an attorney‑at‑law,
a judge, or an appropriate governmental official that the principal is
incapacitated within the meaning of G.S. 32C‑1‑102(5)b.G.S. 32C‑1‑102(6)b.
Notwithstanding the subsequent capacity of the principal to manage property or business affairs, a power of attorney which becomes effective under this subsection shall remain effective until its termination pursuant to G.S. 32C‑1‑110(a) or the agent's authority terminates pursuant to G.S. 32C‑1‑110(b)."
SECTION 28.(b) G.S. 32C‑1‑116(f) reads as rewritten:
"(f) Upon motion by the
principal, the clerk of superior court shall dismiss a petition filed under
subsection (a) of this section, unless the clerk of superior court determines
the principal is incapacitated within the meaning of G.S. 32C‑1‑102(5).G.S. 32C‑1‑102(6)."
SECTION 29. G.S. 32C‑1‑112 reads as rewritten:
"§ 32C‑1‑112. Reimbursement and compensation of agent.
(a) If the terms of the power of attorney specify the amount or the way the compensation is to be determined, the agent is entitled to the compensation as specified.
(b) If the terms of the power of attorney do not specify the amount or the way the compensation is to be determined, and the principal thereafter becomes incapacitated, then subsequent to the principal's incapacity the agent is entitled to receive reasonable compensation as determined by the clerk of superior court in accordance with G.S. 32‑59.
(c) Unless the power of attorney otherwise provides, an agent is entitled upon request to the clerk of superior court pursuant to G.S. 32‑59 to be reimbursed for expenses properly incurred on behalf of the principal."
SECTION 30.(a) G.S. 32C‑1‑114 reads as rewritten:
"§ 32C‑1‑114. Agent's duties.
…
(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment has no affirmative duty to exercise the powers or to continue to exercise the powers granted to the agent by the power of attorney, but if the agent exercises any of the granted powers, the agent shall, in the exercise of such powers, do all of the following:
(1) Act loyally for the principal's benefit.
…
(7) Account to the principal or a person designated
by the principal in the power of attorney.
…
(h) Except as otherwise
provided in the power of attorney, an agent is not required to disclose
receipts, disbursements, or transactions conducted on behalf of the principal
unless ordered by a court or requested by the principal, principal or
a person designated by the principal in the power of attorney, a guardian
of the estate, general guardian, or, upon the death of the principal, by the
personal representative or successor in interest of the principal's
estate."
SECTION 30.(b) G.S. 32C‑3‑301 reads as rewritten:
"§ 32C‑3‑301. Statutory form power of attorney.
As a nonexclusive method to grant a power of attorney, a document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this Chapter:
"NORTH CAROLINA
STATUTORY SHORT FORM POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN CHAPTER 32C OF THE NORTH CAROLINA GENERAL STATUTES, WHICH EXPRESSLY PERMITS THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY DESIRED BY THE PARTIES CONCERNED.
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the North Carolina Uniform Power of Attorney Act.
This power of attorney does not authorize the agent to make health care decisions for you.
…
"IMPORTANT INFORMATION FOR AGENT
Agent's Duties
…
Unless the Additional Provisions and Exclusions in this power of attorney state otherwise, you must also:
(1) Act loyally for the principal's benefit;
…
(5) Cooperate with any person that has authority to
make health care decisions for the principal to do what you know the principal
reasonably expects, or if you do not know the principal's expectations, to act
in the principal's best interest;interest; and
(6) Attempt to preserve the principal's estate plan
if you know the plan and preserving the plan is consistent with the principal's
best interest; andinterest.
(7) Account
to the principal (or a person designated by the principal (if any)) in the
Additional Provisions and Exclusions.
…."
SECTION 31.(a) G.S. 32C‑2‑201 reads as rewritten:
"§ 32C‑2‑201. Authority requiring specific grant; grant of general authority.
(a) Unless the exercise of
the authority by an agent under a power of attorney is not otherwise
prohibited by another agreement or instrument to which the authority or
property is subject, then the following apply:
…
(d) Subject to subsections
(a), (b), (c), (e), and (f) of this section, if a power of attorney grants to
an agent authority to do all acts that a principal could do, the agent has the
general authority described in G.S. 32C‑2‑204 through
G.S. 32C‑2‑216 and G.S. 32C‑2‑220.32C‑2‑216.
…."
SECTION 31.(b) G.S. 32C‑2‑202 reads as rewritten:
"§ 32C‑2‑202. Incorporation of authority.
(a) An agent has authority
described in this Chapter if the power of attorney refers to general authority
with respect to the descriptive term for the subjects stated in G.S. 32C‑2‑204
through G.S. 32C‑2‑217 and G.S. 32C‑2‑220 or
cites the section in which the authority is described.
(b) A reference in a power
of attorney to general authority with respect to the descriptive term for a
subject in G.S. 32C‑2‑204 through G.S. 32C‑2‑217
and G.S. 32C‑2‑220 or a citation to G.S. 32C‑2‑204
through G.S. 32C‑2‑217 and G.S. 32C‑2‑220 incorporates
the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference."
SECTION 31.(c) G.S. 32C‑2‑203 reads as rewritten:
"§ 32C‑2‑203. Construction of authority, generally.
Except as otherwise provided in the
power of attorney, by executing a power of attorney that incorporates by
reference a subject described in G.S. 32C‑2‑204 through
G.S. 32C‑2‑217 and G.S. 32C‑2‑220 or
that grants to an agent authority to do all acts that a principal could do
pursuant to G.S. 32C‑2‑201(d), a principal authorizes the
agent, with respect to that subject, to do all of the following:
…."
SECTION 32. G.S. 32C‑3‑303 reads as rewritten:
"§ 32C‑3‑303. Limited power of attorney for real property.
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SIGNATURE AND ACKNOWLEDGMENT
____________________________________ __________________________________
Your Signature Date
____________________________________
Your Name Printed
State of ____________________________, County of ________________________.
I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: _____________________.
Date: _______________________________ ________________________________
Signature of Notary Public
(Official Seal)
_______________________, Notary Public
Printed
or typed name"name
My commission expires: ________________________""
SECTION 33. G.S. 32C‑4‑403 reads as rewritten:
"§ 32C‑4‑403. Effect on existing powers of attorney.
(a) Except as otherwise provided in this Chapter, the following apply on January 1, 2018.
(1) This Chapter applies to a power of attorney created before, on, or after January 1, 2018, unless there is clear indication of a contrary intent in the terms of a power of attorney or unless application of a particular provision of this Chapter would substantially impair rights of a party.
…
(4) A rule of construction or
presumption provided by this Chapter Chapter, including the rule of G.S. 32C‑1‑104
regarding durability of a power of attorney, applies to powers of attorney
executed before January 1, 2018, unless there is a clear indication of a
contrary intent in the terms of a power of attorney or unless the application
of the rule of construction or presumption would substantially impair rights of
a party created under North Carolina law in effect prior to January 1, 2018, in
which case the rule of construction or presumption does not apply and the
superseded rule of construction or presumption applies.
…
(c) References to prior
statutes and in powers of attorney, whether executed on or after
the adoption of this Chapter shall be deemed to refer to the corresponding
provisions this Chapter unless application of the rule of construction would
substantially impair substantial rights of a party.
(d) Notwithstanding the provisions of this Chapter, the powers conferred by former G.S. 32A‑2 shall apply to a Statutory Short Form Power of Attorney that was created in accordance with former G.S. 32A‑1 prior to January 1, 2018."
SECTION 34. G.S. 47‑43 reads as rewritten:
"§ 47‑43. Form
of certificate of acknowledgment of instrument executed by attorney‑in‑fact.agent.
When an instrument purports to be
signed by parties acting through another by virtue of the execution of a power
of attorney, the following form of certificate shall be deemed is sufficient,
but shall does not exclude other forms which would be deemed sufficient
in law:forms:
North Carolina, __________________ County.
I (here give name of the official
and his official the official's title), do hereby certify that
(here give name of attorney‑in‑fact), attorney‑in‑fact
agent) (the "Agent"), agent for (here give names of
parties who executed the instrument through attorney‑in‑fact), the
Agent) (the "Principal"), personally appeared before me this day,
and being by me duly sworn, says that he the Agent executed the
foregoing and annexed instrument for and in on behalf of (here
give names of parties who executed the instrument through attorney‑in‑fact),
the Principal, and that his the Agent's authority to
execute and acknowledge said the instrument is contained in an
instrument duly executed, acknowledged, and recorded in the office of (here
insert name of official in whose office power of attorney is recorded, and the
county and state of recordation), on the (day of month, month, and year of
recordation), and that this instrument was executed under and by virtue of the
authority given by said the instrument granting him the
Agent power of attorney; that the said (here give name of attorney‑in‑fact)
Agent acknowledged the due execution of the foregoing and annexed
instrument for the purposes therein expressed for and in behalf of the said
(here give names of parties who executed the instrument through attorney‑in‑fact).Principal.
WITNESS my hand and official seal, this ______ day of____________, (year) ____
(Official seal.)
__________________________________
Signature of Officer"
SECTION 35.(a) G.S. 90‑21.13(c) reads as rewritten:
"(c) The following persons, in the order indicated, are authorized to consent to medical treatment on behalf of a patient who is comatose or otherwise lacks capacity to make or communicate health care decisions:
…
(2) A health care agent appointed pursuant to a valid health care power of attorney, to the extent of the authority granted.
(3) An agent, with powers to
make health care decisions for the patient, appointed by the patient
pursuant to Chapter 32C of the General Statutes, patient, to the
extent of the authority granted.
…."
SECTION 35.(b) G.S. 90‑322(b) reads as rewritten:
"(b) If a person's condition has been determined to meet the conditions set forth in subsection (a) of this section and no instrument has been executed as provided in G.S. 90‑321, then life‑prolonging measures may be withheld or discontinued upon the direction and under the supervision of the attending physician with the concurrence of the following persons, in the order indicated:
…
(2) A health care agent appointed pursuant to a valid health care power of attorney, to the extent of the authority granted.
(3) An agent, with powers to
make health care decisions for the patient, appointed by the patient pursuant
to Chapter 32C of the General Statutes, patient, to the extent of
the authority granted.
…
If none of the above is reasonably available then at the discretion of the attending physician the life‑prolonging measures may be withheld or discontinued upon the direction and under the supervision of the attending physician."
SECTION 36. The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all explanatory comments of the drafters of this part as the Revisor may deem appropriate.
part III. Effective date
SECTION 37. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 5th day of December, 2018.
s/ Ralph E. Hise
Presiding Officer of the Senate
s/ Tim Moore
Speaker of the House of Representatives
_____________________________________
Roy Cooper
Governor
Approved __________.m. this ______________ day of ___________________, 2018
