Bill Text: NC H1064 | 2015-2016 | Regular Session | Amended
Bill Title: GSC Technical Corrections 1
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-11 - Ref To Com On Judiciary IV [H1064 Detail]
Download: North_Carolina-2015-H1064-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 1064*
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Short Title: GSC Technical Corrections 1. |
(Public) |
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Sponsors: |
Representative Bryan. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary IV |
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May 11, 2016
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the general statutes, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑159.3(a1) reads as rewritten:
"(a1) A landowner who gives
a person written consent to operate an all‑terrain vehicle on his or
her the landowner's property owes the person the same duty of care
that he or she the landowner owes a trespasser."
SECTION 2. G.S. 14‑208.6 reads as rewritten:
"§ 14‑208.6. Definitions.
The following definitions apply in this Article:
...
(5) "Sexually violent offense" means a violation of former G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.21 (first‑degree forcible rape), G.S. 14‑27.22 (second‑degree forcible rape), G.S. 14‑27.23 (statutory rape of a child by an adult), G.S. 14‑27.24 (first‑degree statutory rape), G.S. 14‑27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14‑27.26 (first‑degree forcible sexual offense), G.S. 14‑27.27 (second‑degree forcible sexual offense), G.S. 14‑27.28 (statutory sexual offense with a child by an adult), G.S. 14‑27.29 (first‑degree statutory sexual offense), G.S. 14‑27.30(a) (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14‑27.31 (sexual activity by a substitute parent or custodian), G.S. 14‑27.32 (sexual activity with a student), G.S. 14‑27.33 (sexual battery), G.S. 14‑43.11 (human trafficking) if (i) the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against any person with the intent that they be held in sexual servitude, G.S. 14‑43.13 (subjecting or maintaining a person for sexual servitude), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1) (felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑202.1 (taking indecent liberties with children), G.S. 14‑202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14‑202.4(a) (taking indecent liberties with a student), G.S. 14‑205.2(c) or (d) (patronizing a prostitute who is a minor or a mentally disabled person), G.S. 14‑205.3(b) (promoting prostitution of a minor or a mentally disabled person), G.S. 14‑318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14‑318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.
...."
SECTION 3. The catch line of G.S. 20‑171.24 reads as rewritten:
"§ 20‑171.24. Motorized all‑terrain vehicle use
by municipal and county employees of listed municipalities and
counties permitted on certain highways."
SECTION 4. G.S. 28A‑2‑4 reads as rewritten:
"§ 28A‑2‑4. Subject matter jurisdiction of the clerk of superior court in estate proceedings.
(a) The clerks of superior court of this State, as ex officio judges of probate, shall have original jurisdiction of estate proceedings. Except as provided in subdivision (4) of this subsection, the jurisdiction of the clerk of superior court is exclusive. Estate proceedings include, but are not limited to, the following:
(1) Probate of wills.
(2) Granting and revoking of letters testamentary and letters of administration, or other proper letters of authority for the administration of estates.
(3) Determination of the elective share for a surviving spouse as provided in G.S. 30‑3.
(4) Proceedings to ascertain
heirs or devisees, to approve settlement agreements pursuant to G.S. 28A‑2‑10,
to determine questions of construction of wills, to determine priority among
creditors, to determine whether a person is in possession of property belonging
to an estate, to order the recovery of property of the estate in possession of
third parties, and to determine the existence or nonexistence of any immunity, power,
privilege, duty, or right. Any party or the clerk of superior court may file a
notice of transfer of a proceeding pursuant to this subdivision to the Superior
Court Division of the General Court of Justice as provided in G.S. 28A‑2‑6(h).
In the absence of a transfer to superior court, Article 26 of Chapter 1 of the
General Statutes shall apply to a trust an estate proceeding
pending before the clerk of superior court to the extent consistent with this
Article.
(b) Nothing in this section shall affect 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. In the event that either the petitioner or the respondent in an estate proceeding requests declaratory relief under Article 26 of Chapter 1 of the General Statutes, either party may move for a transfer of the proceeding to the Superior Court Division of the General Court of Justice as provided in Article 21 of Chapter 7A of the General Statutes. In the absence of a removal to superior court, Article 26 of Chapter 1 of the General Statutes shall apply to an estate proceeding to the extent consistent with this Article.
(c) 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
subsection (a) or (c) (b) of this section or G.S. 28A‑2‑5
of the following:
(1) Actions by or against creditors or debtors of an estate, except as provided in Article 19 of this Chapter.
(2) Actions involving claims for monetary damages, including claims for breach of fiduciary duty, fraud, and negligence.
(3) Caveats, except as provided under G.S. 31‑36.
(4) Proceeding to determine proper county of venue as provided in G.S. 28A‑3‑2.
(5) Recovery of property transferred or conveyed by a decedent with intent to hinder, delay, or defraud creditors, pursuant to G.S. 28A‑15‑10(b)."
SECTION 5. G.S. 28A‑2B‑2 reads as rewritten:
"§ 28A‑2B‑2. Venue.
The venue for a petition under
G.S. 28A‑2B‑1 is the county of this State in which the
petitioner whose will or codicil is the subject of the petition is
domiciled.resides."
SECTION 6. G.S. 28A‑19‑5(b) reads as rewritten:
"(b) With respect to a contingent or unliquidated claim rejected by a personal representative pursuant to G.S. 28A‑19‑16, the claimant may, within the three‑month period prescribed by G.S. 28A‑19‑16, file a petition for an order of the clerk of superior court in accordance with subsection (a) of this section, provided that nothing in this section shall require the clerk of superior court to hear and determine the validity of, priority of, or amount of a contingent or unliquidated claim that has not yet become absolute."
SECTION 7. G.S. 31B‑1(a) reads as rewritten:
"(a) A person who succeeds to a property interest as:
...
(8) Appointee Appointee,
permissible appointee, or taker in default under a power of appointment
exercised by a testamentary instrument or a nontestamentary instrument;
...
may renounce at anytime, in whole or in part, the right of succession to any property or interest therein, including a future interest, by filing a written instrument under the provisions of this Chapter. A renunciation may be of a fractional share or any limited interest or estate. The renunciation shall be deemed to include the entire interest of the person whose property or interest is being renounced unless otherwise specifically limited. A person may renounce any interest in or power over property, including a power of appointment, even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to renounce. Notwithstanding the foregoing, there shall be no right of partial renunciation if the instrument creating the interest expressly so provides."
SECTION 8. The catch line of G.S. 108A‑70.21 reads as rewritten:
"§ 108A‑70.21. Program eligibility; benefits;
enrollment fee and other cost‑sharing; coverage from private plans;
purchase of extended coverage.plans."
SECTION 9. G.S. 120‑4.16(b) reads as rewritten:
"(b) Purchase of Service Credits Through Rollover Contributions From Certain Other Plans. – Notwithstanding any other provision of this Article, and without regard to any limitations on contributions otherwise set forth in this Article, a member, who is eligible to restore or purchase membership or creditable service pursuant to the provisions of this Article, may purchase such service credits through rollover contributions to the Annuity Savings Fund from (i) an annuity contract described in Section 403(b) of the Internal Revenue Code, (ii) an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, (iii) an individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income, or (iv) a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code. Notwithstanding the foregoing, the Retirement System shall not accept any amount as a rollover contribution unless such amount is eligible to be rolled over to a qualified trust in accordance with applicable law and the member provides evidence satisfactory to the Retirement System that such amount qualifies for rollover treatment. Unless received by the Retirement System in the form of a direct rollover, the rollover contribution must be paid to the Retirement System on or before the 60th day after the date it was received by the member.
(b1) Purchase of Service Credits Through Plan‑to‑Plan Transfers. – Notwithstanding any other provision of this Article, and without regard to any limitations on contributions otherwise set forth in this Article, a member, who is eligible to restore or purchase membership or creditable service pursuant to the provisions of this Article, may purchase such service credits through a direct transfer to the Annuity Savings Fund of funds from (i) an annuity contract described in Section 403(b) of the Internal Revenue Code or (ii) an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state."
SECTION 10. G.S. 146‑9(b)(4) reads as rewritten:
"(b) Notwithstanding subsection (a) of this section, or any other provision of law, prior to expiration of a lease of mineral deposits in State lands, the Department of Administration or other entity designated by the Department shall solicit competitive bids for lease of such mineral deposits, which shall include a process for upset bids as described in this subsection. An upset bid is an increased or raised bid whereby a person offers to lease such mineral rights for an amount exceeding the highest bid received in response to the initial solicitation for competitive bids, or the last upset bid, as applicable, by a minimum of five percent (5%). The process shall provide that the Department or other designated entity that issued the solicitation for competitive bids shall issue a notice of high bid to the person submitting the highest bid in response to the initial solicitation for competitive bids, or the person submitting the last upset bid, as applicable, and any other bidders that have submitted a bid in an amount seventy‑five percent (75%) or more of the highest bid received in response to the initial solicitation for competitive bids, or the last upset bid, as applicable, of the highest bid received at that point within 10 days of the closure of the bidding period, as provided in the solicitation for competitive bids, through notice delivered by any means authorized under G.S. 1A‑1, Rule 4. Thereafter, an upset bid may be made by delivering to the Department or other designated entity, subject to all of the following requirements and conditions:
...
(4) When an upset bid is made
as provided in this subsection, the Department or other designated entity shall
notify to the highest prior bidder, and any other bidders that have
submitted a bid in an amount seventy‑five percent (75%) or more of the
current high bid received in response to the initial solicitation for
competitive bids, or the last upset bid, as applicable."
SECTION 11. G.S. 153A‑340(h) reads as rewritten:
"(h) As provided in this
subsection, counties may adopt temporary moratoria on any county development
approval required by law. county development approval required by law,
except for the purpose of developing and adopting new or amended plans or
ordinances as to residential uses. The duration of any moratorium shall be
reasonable in light of the specific conditions that warrant imposition of the
moratorium and may not exceed the period of time necessary to correct, modify,
or resolve such conditions. Except in cases of imminent and substantial threat
to public health or safety, before adopting an ordinance imposing a development
moratorium with a duration of 60 days or any shorter period, the board of
commissioners shall hold a public hearing and shall publish a notice of the
hearing in a newspaper having general circulation in the area not less than
seven days before the date set for the hearing. A development moratorium with a
duration of 61 days or longer, and any extension of a moratorium so that the
total duration is 61 days or longer, is subject to the notice and hearing
requirements of G.S. 153A‑323. Absent an imminent threat to public
health or safety, a development moratorium adopted pursuant to this section
shall not apply to any project for which a valid building permit issued
pursuant to G.S. 153A‑357 is outstanding, to any project for which a
conditional use permit application or special use permit application has been
accepted, to development set forth in a site‑specific or phased
development plan approved pursuant to G.S. 153A‑344.1, to
development for which substantial expenditures have already been made in good
faith reliance on a prior valid administrative or quasi‑judicial permit
or approval, or to preliminary or final subdivision plats that have been
accepted for review by the county prior to the call for public hearing to adopt
the moratorium. Any preliminary subdivision plat accepted for review by the
county prior to the call for public hearing, if subsequently approved, shall be
allowed to proceed to final plat approval without being subject to the
moratorium.
Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
(1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the county and why those alternative courses of action were not deemed adequate.
(2) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
(3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
(4) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the county during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
No moratorium may be subsequently renewed or extended for any additional period unless the city shall have taken all reasonable and feasible steps proposed to be taken by the county in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in subdivisions (1) through (4) of this subsection, including what new facts or conditions warrant the extension.
Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the county shall have the burden of showing compliance with the procedural requirements of this subsection."
SECTION 12. G.S. 160A‑332(a) reads as rewritten:
"(a) The suppliers of
electric service inside the corporate limits of any city in which a secondary
supplier was furnishing electric service on the determination date (as
defined in G.S. 160A‑331(1))date, as defined in G.S. 160A‑331(1b),
shall have rights and be subject to restrictions as follows:
...."
SECTION 13.(a) G.S. 160A‑372(e) reads as rewritten:
"(e) The ordinance may provide
that a developer may provide funds to the city whereby the city may acquire
recreational land or areas to serve the development or subdivision, including
the purchase of land that may be used to serve more than one subdivision or
development within the immediate area. All funds received by the city pursuant
to this paragraph [subsection] subsection shall be used only for
the acquisition or development of recreation, park, or open space sites. Any
formula enacted to determine the amount of funds that are to be provided under
this paragraph [subsection] subsection shall be based on the
value of the development or subdivision for property tax purposes. The
ordinance may allow a combination or partial payment of funds and partial
dedication of land when the governing body of the city determines that this
combination is in the best interests of the citizens of the area to be
served."
SECTION 13.(b) G.S. 160A‑372(f) reads as rewritten:
"(f) The ordinance may
provide that in lieu of required street construction, a developer may be
required to provide funds that the city may use for the construction of roads
to serve the occupants, residents, or invitees of the subdivision or
development and these funds may be used for roads which serve more than one
subdivision or development within the area. All funds received by the city
pursuant to this paragraph [subsection] subsection shall be used
only for development of roads, including design, land acquisition, and
construction. However, a city may undertake these activities in conjunction
with the Department of Transportation under an agreement between the city and
the Department of Transportation. Any formula adopted to determine the amount
of funds the developer is to pay in lieu of required street construction shall
be based on the trips generated from the subdivision or development. The
ordinance may require a combination of partial payment of funds and partial
dedication of constructed streets when the governing body of the city
determines that a combination is in the best interests of the citizens of the
area to be served."
SECTION 14.(a) Section 7.1 of S.L. 2014‑107 reads as rewritten:
"SECTION 7.1. Section 5.1 of this act applies to all trusts created before, on, or after the effective date of this act. Except as otherwise provided, this act is effective when it becomes law."
SECTION 14.(b) This section becomes retroactively effective August 6, 2014.
SECTION 15. Except as otherwise provided in this act, this act is effective when it becomes law.
