GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 742
The General Assembly of North Carolina enacts:
Section 1. (a) G.S. 1-50(a)(7) is recodified as G.S. 1-47(6). G.S. 1-47(6), as recodified by this section, reads as rewritten:
"(6)
a. No action against Against
any registered land surveyor as defined in G.S. 89C-3(9) or any person
acting under his supervision and control for physical damage or for economic or
monetary loss due to negligence or a deficiency in the performance of surveying
or platting shall be brought more than 10 platting, within 10 years
from after the last act or omission giving rise to the cause of
action.
b. For purposes of this subdivision, 'surveying and platting' means boundary surveys, topographical surveys, surveys of property lines, and any other measurement or surveying of real property and the consequent graphic representation thereof.
c. The limitation prescribed by this subdivision shall apply to the exclusion of G.S. 1-15(c) and G.S. 1-52(16)."
(b) G.S. 1-52(18) reads as rewritten:
"(18) Against any registered land surveyor as
defined in G.S. 89C-3(9) or any person acting under his supervision and control
for physical damage or economic or monetary loss due to negligence or a
deficiency in the performance of surveying or platting as defined in G.S. 1-50(7).
1-47(6)."
Sec. 2. G.S. 1-349 reads as rewritten:
"§ 1-349. Procedure where plaintiff is under disability.
If the party by or for whom the land is claimed in the suit
is a married woman, minor, minor or insane person, such value is
deemed to be real estate, and shall be disposed of as the court considers
proper for the benefit of the persons interested therein."
Sec. 3. G.S. 1-538.2(a) reads as rewritten:
"(a) Any person, other
than an unemancipated minor, who commits an act that is punishable under G.S.
14-72, 14-72.1, 14-74, 14-90, or 14-100 is liable for civil damages to the
owner of the property. In any action brought by the owner of the property he
property, the owner is entitled to recover the value of the goods or
merchandise, if the goods or merchandise have been destroyed, or any loss of
value to the goods or merchandise, if the goods or merchandise were recovered,
or the amount of any money lost by reason of the theft or embezzlement or fraud
of an employee. In addition to the above, the owner of the property is entitled
to recover any consequential damages, and punitive damages, together with
reasonable attorneys attorneys' fees. The total compensatory and
consequential damages awarded to a plaintiff against a defendant under this
section shall not be less than one hundred fifty dollars ($150.00) and shall
not exceed one thousand dollars ($1,000), except an act punishable under G.S.
14-74 or G.S. 14-90 shall have no maximum limit under this section."
Sec. 4. G.S. 1A-1-30(b)(4) reads as rewritten:
"(4) Unless the court
orders otherwise, testimony at a deposition may be recorded by sound recording,
sound-and-visual, or stenographic means/methods. means. If the
testimony is to be taken by other means in addition to or in lieu of
stenographic means, the notice shall state the methods by which it shall be
taken and shall state whether a stenographer will be present at the deposition.
In the case of a deposition taken by stenographic means, the party that
provides for the stenographer shall provide for the transcribing of the
testimony taken. If the deposition is by sound recording only, the party
noticing the deposition shall provide for the transcribing of the testimony
taken. If the deposition is by sound-and-visual means, the appearance or
demeanor of deponents or attorneys shall not be distorted through camera
techniques. Regardless of the method stated in the notice, any party or the
deponent may have the testimony recorded by stenographic means."
Sec. 5. G.S. 6-21.3 reads as rewritten:
"§ 6-21.3. Remedies for returned check.
(a) Notwithstanding any
criminal sanctions that may apply, a person, firm, or corporation who knowingly
draws, makes, utters, or issues and delivers to another any check or draft
drawn on any bank or depository that refuses to honor the same because the
maker or drawer does not have sufficient funds on deposit in or credit with the
bank or depository with which to pay the check or draft upon presentation, and
who fails to pay the same amount, any service charges imposed on the payee by a
bank or depository for processing the dishonored check, and any processing fees
imposed by the payee pursuant to G.S. 25-3-512 25-3-506 in cash
to the payee within 30 days following written demand therefor, shall be liable
to the payee (i) for the amount owing on the check, the service charges, and
processing fees and (ii) for additional damages of three times the amount owing
on the check, not to exceed five hundred dollars ($500.00) or to be less than
one hundred dollars ($100.00). If the amount claimed in the first demand letter
is not paid, the claim for the amount of the check, the service charges and
processing fees, and the treble damages provided for in this subsection may be
made by a subsequent letter of demand prior to filing an action. In an action
under this section the court or jury may, however, waive all or part of the
additional damages upon a finding that the defendant's failure to satisfy the
dishonored check or draft was due to economic hardship.
The initial written demand for the amount of the check, the service charges, and processing fees shall be mailed by certified mail to the defendant at the defendant's last known address and shall be in the form set out in subsection (a1) of this section. The subsequent demand letter demanding the amount of the check, the service charges, the processing fees, and treble damages shall be mailed by certified mail to the defendant at the defendant's last known address and shall be in the form set out in subsection (a2) of this section. If the payee chooses to send the demand letter set out in subsection (a2) of this section, then the payee may not file an action to collect the amount of the check, the service charges, the processing fees, or treble damages until 30 days following the written demand set out in subsection (a2) of this section.
(a1) The first notification letter shall be substantially in the following form:
This letter is written pursuant to G.S. 6-21.3 to inform you that on ________________, you made and delivered to the business listed above a check payable to this business containing your name and address in the sum of $________, drawn upon ________________ (bank or institution), account # _______________. [If the check was received in a face-to-face transaction insert this sentence: This check contained a drivers license identification number from a card with your photograph and mailing address, which was used to identify you at the time the check was accepted.] [If the check was delivered by mail insert this sentence: We have compared your name, address, and signature on the check with the name, address, and signature on file in the account previously established by you or on your behalf, and the signature on the check appears to be genuine.] Also, we have received no information that this was a stolen check, if that is the circumstance.
The check has been dishonored by the bank for the following reasons:
As acceptor of the
check, we give you notice to rectify any bank error or other error in
connection with the transaction, and to pay the face value of the check, plus
the fees as authorized under G.S. 25-3-512 25-3-506 and G.S.
6-21.3(a) as follows:
Face value of the check # $__________________
Processing fee authorized
under G.S. 25-3-51225-3-506
$__________________
Bank service fees authorized
under G.S. 6-21.3 $__________________
Total amount due: $__________________
If the total amount due listed above is not paid within 30 days of the mailing of this letter, thereafter we may file a civil action to seek civil damages of three times the amount of the check (with a minimum damage of one hundred dollars ($100.00) and a maximum damage of five hundred dollars ($500.00)) for allegedly giving a worthless check in violation of law (G.S. 6-21.3), in addition to the amount of the check and the fees specified above.
Appropriate relief will then be sought before a court of proper jurisdiction for full payment of the check plus all costs, treble damages, and witness fees.
If you do not believe you are liable for these amounts, you will have a right to present your defense in court. To pay the check or obtain information, contact the undersigned at the above business location. Cash or a bank official check will be the only acceptable means of redeeming the dishonored check.
If you do not believe that you owe the amount claimed in this letter or if you believe you have received this letter in error, please notify the undersigned at the above business location as soon as possible.
(a2) If the total amount due in subsection (a1) has not been paid within 30 days after the mailing of the notification letter, a subsequent demand letter may be sent and shall be substantially in the following form:
On __________________, we informed you that we received a check payable to this business containing your name and address in the sum of $ __________, drawn upon _____________________ (bank or institution), account # ______________________. This check contained identification information which was used to identify you as the maker of the check. Also, we have received no information that this was a stolen check, if that is the circumstance.
The check has been dishonored by the bank for the following reasons:
We
notified you that you were responsible for the face value of the check
($________) plus the fees authorized under G.S. 25-3-512 25-3-506 ($________)
and G.S. 6-21.3(a) ($________) for a total amount due of $ _____________.
Thirty days have passed since the mailing of that notification letter, and you
have not made payment to us for that total amount due.
Under G.S. 6-21.3, we claim you are now liable for the face value of the check, the fees, and treble damages. The damages we claim are three times the amount of the check or one hundred dollars ($100.00), whichever is greater, but cannot exceed five hundred dollars ($500.00). The total amount we claim now due is:
Face value of the check $_____
Processing fee authorized
under G.S. 25-3-51225-3-506
$_____
Bank service fees authorized
under G.S. 6-21.3 $_____
Three times the face value of the
check, with a minimum of $100.00
and a maximum of $500.00 $_____
Total amount due: $_____
Payment of the total amount claimed above within 30 days of the mailing of this letter shall satisfy this civil remedy for the returned check.
If payment has not been received within this 30-day period, we will seek appropriate relief before a court of proper jurisdiction for full payment of the check plus all costs, treble damages, and witness fees.
If you do not believe you are liable for these amounts, you will have a right to present your defense in court. To pay the check or obtain information, contact the undersigned at the above business location. Cash or a bank official check will be the only acceptable means of redeeming the dishonored check.
If you do not believe that you owe the amount claimed in this letter or if you believe you have received this letter in error, please notify the undersigned at the above business location as soon as possible.
(b) In an action under subsection (a) of this section, the presiding judge or magistrate may award the prevailing party, as part of the court costs payable, a reasonable attorney's fee to the duly licensed attorney representing the prevailing party in such suit.
(c) It shall be an affirmative defense, in addition to other defenses, to an action under this section if it is found that: (i) full satisfaction of the amount of the check or draft was made prior to the commencement of the action, or (ii) that the bank or depository erred in dishonoring the check or draft, or (iii) that the acceptor of the check knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check to be honored.
(d) The remedy provided for herein shall apply only if the check was drawn, made, uttered or issued with knowledge there were insufficient funds in the account or that no credit existed with the bank or depository with which to pay the check or draft upon presentation."
Sec. 6. G.S. 14-3(c) reads as rewritten:
"(c) If any Class 2 or Class 3 misdemeanor is committed because of the victim's race, color, religion, nationality, or country of origin, the offender shall be guilty of a Class 1 misdemeanor. If any Class A1 or Class 1 misdemeanor offense is committed because of the victim's race, color, religion, nationality, or country of origin, the offender shall be guilty of a Class I felony."
Sec. 7. G.S. 14-32.2(b) reads as rewritten:
"(b) Unless the conduct is
prohibited by some other provision of law providing for greater punishment. punishment,
(1) Any person who violates subsection (a) above is guilty of a Class C felony where intentional conduct proximately causes the death of the patient or resident;
(2) Any person who violates subsection (a) above is guilty of a Class E felony where culpably negligent conduct proximately causes the death of the patient or resident;
(3) Any person who violates subsection (a) above is guilty of a Class F felony where such conduct proximately causes serious bodily injury to the patient or resident."
Sec. 8. G.S. 14-32.2(e) reads as rewritten:
"(e) 'Culpably negligent'
shall mean conduct of a willful willful, gross and flagrant
character, evincing reckless disregard of human life."
Sec. 9. G.S. 14-32.3(c) reads as rewritten:
"(c) Exploitation. - A person is guilty of exploitation if that person is a caretaker of a disabled or elder adult who is residing in a domestic setting, and knowingly, willfully and with the intent to permanently deprive the owner of property or money: (i) makes a false representation, (ii) abuses a position of trust or fiduciary duty, or (iii) coerces, commands, or threatens, and, as a result of the act, the disabled or elder adult gives or loses possession and control of property or money.
If the loss of property or money is of a value of more than
one thousand dollars ($1,000) the caretaker is guilty of a Class H felony. If
the loss of property or money is of a value of less than one thousand
dollars ($1,000) or less, the caretaker is guilty of a Class 1
misdemeanor."
Sec. 10. G.S. 14-34.5 reads as rewritten:
"§ 14-34.5. Assault with a firearm on a law enforcement officer.
Any person who commits an assault with a firearm upon a law enforcement officer while the law enforcement officer is in the performance of his or her duties is guilty of a Class E felony."
Sec. 11. G.S. 14-107 reads as rewritten:
"§ 14-107. Worthless checks.
It shall be unlawful for any person, firm or corporation, to draw, make, utter or issue and deliver to another, any check or draft on any bank or depository, for the payment of money or its equivalent, knowing at the time of the making, drawing, uttering, issuing and delivering such check or draft as aforesaid, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation.
It shall be unlawful for any person, firm or corporation to solicit or to aid and abet any other person, firm or corporation to draw, make, utter or issue and deliver to any person, firm or corporation, any check or draft on any bank or depository for the payment of money or its equivalent, being informed, knowing or having reasonable grounds for believing at the time of the soliciting or the aiding and abetting that the maker or the drawer of the check or draft has not sufficient funds on deposit in, or credit with, such bank or depository with which to pay the same upon presentation.
The word 'credit' as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of any such check or draft.
A violation of this section shall be a Class I felony if the amount of the check or draft is more than two thousand dollars ($2,000). If the amount of the check or draft is two thousand dollars ($2,000) or less, a violation of this section shall be a misdemeanor punishable as follows:
(1) If the amount of the check or draft is not over one hundred dollars ($100.00), the person is guilty of a Class 2 misdemeanor. Provided, however, if such person has been convicted three times of violating G.S. 14-107, he shall on the fourth and all subsequent convictions (i) be punished as for a Class 1 misdemeanor and (ii) be ordered, as a condition of probation, to refrain from maintaining a checking account or making or uttering a check for three years.
(2) If the amount of the check or draft is over one hundred dollars ($100.00), the person is guilty of a Class 2 misdemeanor. Provided, however, if such person has been convicted three times of violating G.S. 14-107, he shall on the fourth and all subsequent convictions (i) be punished in the discretion of the district or superior court as for a Class 1 misdemeanor and (ii) be ordered, as a condition of probation, to refrain from maintaining a checking account or making or uttering a check for three years.
(3) If the check or draft is drawn upon a nonexistent account, the person is guilty of a Class 1 misdemeanor.
(4) If the check or draft is drawn upon an account that has been closed by the drawer prior to time the check is drawn, the person is guilty of a Class 1 misdemeanor.
In deciding to impose any sentence other than an active
prison sentence, the sentencing judge shall consider and may require, in
accordance with the provisions of G.S. 15A-1343, restitution to the victim for
(i) the amount of the check or draft, (ii) any service charges imposed on the
payee by a bank or depository for processing the dishonored check, and (iii)
any processing fees imposed by the payee pursuant to G.S. 25-3-512, 25-3-506,
and each prosecuting witness (whether or not under subpoena) shall be
entitled to a witness fee as provided by G.S. 7A-314 which shall be taxed as
part of the cost and assessed to the defendant."
Sec. 12. G.S. 14-202.2(b) reads as rewritten:
"(b) Indecent liberties
between minors A violation of this section is punishable as a Class
1 misdemeanor."
Sec. 13. G.S. 15A-1002(b) reads as rewritten:
"(b) When the capacity of
the defendant to proceed is questioned, the court shall hold a hearing to
determine the defendant's capacity to proceed. If an examination is ordered
pursuant to subdivisions subdivision (1) or (2) below, of
this subsection, the hearing shall be held after the examination.
Reasonable notice shall be given to the defendant and prosecutor, and the State
and the defendant may introduce evidence. The court:
(1) May appoint one or more impartial medical experts, including forensic evaluators approved under rules of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, to examine the defendant and return a written report describing the present state of the defendant's mental health; reports so prepared are admissible at the hearing and the court may call any expert so appointed to testify at the hearing; any expert so appointed may be called to testify at the hearing by the court at the request of either party; or
(2) In the case of a defendant charged with a misdemeanor only after the examination pursuant to subsection (b)(1) of this section or at any time in the case of a defendant charged with a felony, may order the defendant to a State facility for the mentally ill for observation and treatment for the period, not to exceed 60 days, necessary to determine the defendant's capacity to proceed; in the case of a defendant charged with a felony, if a defendant is ordered to a State facility without first having an examination pursuant to subsection (b)(1) of this section, the judge shall make a finding that an examination pursuant to this subsection would be more appropriate to determine the defendant's capacity; the sheriff shall return the defendant to the county when notified that the evaluation has been completed; the director of the facility shall direct his report on defendant's condition to the defense attorney and to the clerk of superior court, who shall bring it to the attention of the court; the report is admissible at the hearing.
(3) Repealed by Session Laws 1989, c. 486, s. 1."
Sec. 14. G.S. 15A-1002(b1) reads as rewritten:
"(b1) If the report pursuant to subdivisions
subdivision (1) or (2) of subsection (b) of this section indicates
that the defendant lacks capacity to proceed, proceedings for involuntary civil
commitment under Chapter 122C of the General Statutes may be instituted on the
basis of the report in either the county where the criminal proceedings are
pending or, if the defendant is hospitalized, in the county in which the
defendant is hospitalized."
Sec. 15. G.S. 15A-1340.14(e) reads as rewritten:
"(e) Classification of Prior Convictions From Other Jurisdictions. - Except as otherwise provided in this subsection, a conviction occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a Class 3 misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor. If the offender proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the conviction is treated as that class of misdemeanor for assigning prior record level points. If the State proves by the preponderance of the evidence that an offense classified as either a misdemeanor or a felony in the other jurisdiction is substantially similar to an offense in North Carolina that is classified as a Class I felony or higher, the conviction is treated as that class of felony for assigning prior record level points. If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 or Class 1 misdemeanor in North Carolina, the conviction is treated as a Class A1 or Class 1 misdemeanor for assigning prior record level points."
Sec. 16. G.S. 15A-1340.22(a) reads as rewritten:
"(a) Limits on Consecutive
Sentences. - If the court elects to impose consecutive sentences for two or
more misdemeanors and the most serious misdemeanor is classified in Class 1 A1,
Class 1, or Class 2, the cumulative length of the sentences of imprisonment
shall not exceed twice the maximum sentence authorized for the class and prior
conviction level of the most serious offense. Consecutive sentences shall
not be imposed if all convictions are for Class 3 misdemeanors."
Sec. 17. G.S. 30-26 reads as rewritten:
"§ 30-26. When above allowance is in full.
If the estate of a deceased be insolvent, or if his personal estate does not exceed ten thousand dollars ($10,000), the allowances for the year's support of the surviving spouse and the children shall not, in any case, exceed the value prescribed in G.S. 30-15 and G.S. 30-17; and the allowances made to them as above prescribed shall preclude them from any further allowances."
Sec. 18. G.S. 47-41.01(b) reads as rewritten:
"(b) If the deed or other instrument is executed by the corporation's chairman, president, chief executive officer, a vice-president or an assistant vice-president, treasurer, or chief financial officer signing the name of such corporation by him as such officer, is sealed with its common or corporate seal, and is attested by another person who is its secretary or assistant secretary, trust officer, assistant trust officer, associate trust officer, or, in case of a bank, its secretary, assistant secretary, cashier or assistant cashier, the following form of acknowledgment is sufficient:
............................................................
(State and county, or other
description of place where
acknowledgment is taken)
I, ....................................................., ...............................................................,
(Name of officer taking (Official title of officer
acknowledgment) taking acknowledgment)
certify that ........................................personally came before
(Name of secretary, assistant secretary,
trust officer, assistant trust officer,
cashier or assistant cashier)
me this day and acknowledged that he (or she) is .............
(Secretary, assistant
secretary, trust officer,
assistant trust officer,
cashier or assistant
cashier)
of ..................................................., a corporation, and that by authority duly
(Name of corporation)
given and as the act of the corporation, the foregoing instrument was signed in its name by its........................................................,
(Chairman, president, chief executive
officer, vice-president, assistant
vice-president, treasurer, or chief financial officer)
sealed with its corporate seal, and attested by himself (or herself) as its ........................................................
(Secretary, assistant secretary,
trust officer, assistant trust officer,
cashier or assistant cashier)
My commission expires ......................................
(Date of expiration of commission
as notary
public)
Witness my hand and official seal, this the .............day of
..............,
(Month)
..................
(Year)
.................................................................................
(Signature of officer taking acknowledgment)
(Official seal, if officer taking
acknowledgment has one)
My commission expires ......................................
(Date of expiration of commission as notary
public)
(1) The words 'a corporation' following the blank for the name of the corporation may be omitted when the name of the corporation ends with the word 'Corporation' or 'Incorporated.'
(2) The words 'My commission expires' and the date of expiration of the notary public's commission may be omitted except when a notary public is the officer taking the acknowledgment. The fact that these words and this date may be located in a position on the form different from the position indicated in this subsection does not by itself invalidate the form.
(3) The words 'and official seal' and the seal itself may be omitted when the officer taking the acknowledgment has no seal or when such officer is the clerk, assistant clerk, or deputy clerk of the superior court of the county in which the deed or other instrument acknowledged is to be registered."
Sec. 19. G.S. 47-46.3 reads as rewritten:
"§ 47-46.3. Affidavit of lost note.
The form of an affidavit of lost note, if required pursuant to G.S. 45-37(a)(6), shall be substantially as follows:
AFFIDAVIT OF LOST NOTE
[Name of affiant] personally appeared before me in __________________ County, State of __________________, and having been duly sworn (or affirmed) made the following affidavit:
1. The affiant is the owner of the note or other indebtedness secured by the deed of trust, mortgage, or other instrument executed by __________________ (grantor, mortgagor), __________________ (trustee), and __________________ (beneficiary, mortgagee), and recorded in __________________ County at __________________ (book and page); and
2. The note or other indebtedness has been lost and after the exercise of due diligence cannot be located.
3. The affiant
certifies that all indebtedness secured by the deed of trust, mortgage, or
other instrument has been was satisfied on _________________
(date of satisfaction), and the affiant is responsible for cancellation
of the same.
(Signature of affiant)
Sworn to (or affirmed) and subscribed before me this _____________ day of ________________________, 19 ____.
[Signature and seal of notary public or other official authorized to administer oaths]."
Sec. 20. 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
paragraphs 1, 2, 3, 5 and 7 of G.S. 55-17, 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:
(1) To discount and negotiate promissory notes, drafts, bills of exchange and other evidences of indebtedness, and to loan money on real or personal security, and to purchase notes, bills of exchange, acceptances or other choses in action, and to take and receive interest or discounts subject to G.S. 53-43(1).
(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.
(3) To establish branch offices or places of business within the county in which its principal office is located, and elsewhere in the State, after having first obtained the written approval of the Commissioner of Banks, which approval may be given or withheld by the Commissioner of Banks in his discretion. The Commissioner of Banks, in exercising such discretion, shall take into account, but not by way of limitation, such factors as the financial history and condition of the applicant bank, the adequacy of its capital structure, its future earnings prospects, and the general character of its management. Such approval shall not be given until he shall find
a. That the establishment of such branch or limited service facility will meet the needs and promote the convenience of the community to be served by the bank, and
b. That the probable volume of business and reasonable public demand in such community are sufficient to assure and maintain the solvency of said branch or limited service facility and of the existing bank or banks in said community.
Provided, that the Commissioner of Banks shall not authorize the establishment of any branch the paid-in capital of whose parent bank is not sufficient in amount to provide for capital in an amount equal to that required with respect to the establishment of branches of commercial banks under the provisions of G.S. 53-62. For the purposes of this paragraph, the provisions of G.S. 53-62 as to the meaning of the word 'capital' shall be applicable.
A bank may discontinue a branch office upon resolution of its board of directors. Upon the adoption of such a resolution, the bank shall follow the procedures for closing a branch as set forth at G.S. 53-62(e). No branch shall be closed until approved by the Commissioner of Banks.
(4) Subject to the approval of the Commissioner of Banks and on the authority of its board of directors, or a majority thereof, to enter into such contract, incur such obligations and generally to do and perform any and all such acts and things whatsoever as may be necessary or appropriate in order to take advantage of any and all memberships, loans, subscriptions, contracts, grants, rights or privileges, which may at any time be available or inure to banking institutions, or to their depositors, creditors, stockholders, conservators, receivers or liquidators, by virtue of those provisions of section eight of the Federal Banking Act of 1933 (section twelve B of the Federal Reserve Act as amended) which establish the Federal Deposit Insurance Corporation and provide for the insurance of deposits, or of any other provisions of that or any other act or resolution of Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments of the same or any substitutions therefor; also, to subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation and to comply with the lawful regulations and requirements from time to time issued or made by such corporations.
(5) To solicit, receive and accept money or its equivalent on deposit both in savings accounts and upon certificates of deposit.
(6) Subject to the approval of the State Banking Commission, to solicit, receive and accept money or its equivalent on deposit subject to check; provided, however, no such approval shall be given unless and until such industrial bank meets the capital requirements of a commercial bank as set forth in G.S. 53-2.
(7) To transact any lawful business in aid of the United States in time of war or engagement of the nation's armed forces in hostile military operations."
Sec. 21. G.S. 53-175 reads as rewritten:
"§ 53-175. Fee for returned checks.
A licensee may collect the fee for returned checks to the
extent permitted by G.S. 25-3-512. 25-3-506. This section shall
apply to any loan made by any licensee under this Article."
Sec. 22. G.S. 53-224.21 reads as rewritten:
"§ 53-224.21. Conditions for interstate merger prior to June 1, 1997.
An interstate merger transaction prior to June 1, 1997,
involving a North Carolina bank shall not be consummated, and any out-of-state
bank resulting from such a merger shall not operate any branch in North
Carolina, unless the laws of the home state of each out-of-state bank involved
in the interstate merger transaction permits permit North Carolina
banks under substantially the same terms and conditions as are set forth in
Part 3 to acquire banks and establish and maintain branches in that state by
means of interstate merger transactions."
Sec. 23. G.S. 58-14-15 reads as rewritten:
"§ 58-14-15. Penalties provided for unauthorized acts.
When any domestic insurer knowingly engages in the practice of soliciting, advertising or making contracts for insurance in states or jurisdictions in which it is not licensed, the Commissioner may issue an order requiring the company to cease and desist from engaging in such activities and, for the purposes of this section, the acts prohibited by G.S. 58-14-10 and the foregoing sections, are declared to be an unfair trade practice within the meaning of G.S. 58-63-15 and G.S. 58-63-40. When the Commissioner has reason to believe that any domestic company has been engaged or is engaging in the practice of knowingly soliciting, advertising or writing contracts of insurance on risks within a state or jurisdiction in which it is not licensed, the Commissioner shall serve the company with notice of hearing and the hearing shall conform with the hearing procedure set forth in G.S. 58-63-25. Any action taken by the Commissioner after the hearing shall comply with G.S. 58-63-32, and any company aggrieved by an order of the Commissioner is entitled to the judicial review provided in G.S. 58-63-35."
Sec. 24. G.S. 58-30-10(7) reads as rewritten:
"(7) 'Domestic guaranty
association' means the Postassessment Insurance Guaranty Association in Article
48 of this Chapter, as amended; the the North Carolina Self-Insurance
Guaranty Association in Article 4 of Chapter 97 of the General Statutes; the
Life and Accident and Health Insurance Guaranty Association in Article 62 of
this Chapter, as amended; or any other similar entity hereafter created by the
General Assembly for the payment of claims of insolvent insurers."
Sec. 25. G.S. 58-35-10(b) reads as rewritten:
"(b) An insurance company
duly licensed in this State may make an installment payment charge as set forth
in the rate filings and approved by the Commissioner and are is thereby
exempt from the provisions of this Article."
Sec. 26. G.S. 58-40-90 reads as rewritten:
"§ 58-40-90. Examination of rating, joint underwriting, and joint reinsurance organizations.
The Commissioner shall, at least once every three years, make
or cause to be made an examination of each rating organization licensed
pursuant to G.S. 58-40-50 and each advisory organization licensed pursuant to G.S.
58-40-55. The Commissioner may, as often as deemed expedient, make or cause to
be made, an examination of each group, association, or other organization
referred to in G.S. 58-40-60. This examination shall relate only to the
activities conducted pursuant to this Article and to the organizations licensed
under this Article. The officers, manager, agents and employees of any such
organization may be examined at any time under oath and shall exhibit all
books, records, account, accounts, documents or agreements
governing its method of operation. In lieu of any such examination, the
Commissioner may accept the report of an examination made by the insurance
advisory official of another state, pursuant to the laws of that state."
Sec. 27. G.S. 58-51-15(a)(2)a. reads as rewritten:
"a. After two years from the date of issue or reinstatement of this policy no misstatements except fraudulent misstatements made by the applicant in the application for such policy shall be used to void the policy or deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two-year period.
The foregoing policy provisions provision may be used in its
entirety only in major or catastrophe hospitalization policies and major
medical policies each affording benefits of five thousand dollars ($5,000) or
more for any one sickness or injury. Disability injury; disability income
policies affording benefits of one hundred dollars ($100.00) or more per month
for not less than 12 months months; and franchise policies. Other
policies to which this section applies must delete the words 'except fraudulent
misstatements.'
(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two-year period, nor to limit the application of G.S. 58-51-15(b), (1), (2), (3), (4) and (5) in the event of misstatement with respect to age or occupation or other insurance.)
(A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium:
1. Until at least age 50 or,
2. In the case of a policy issued after age 44, for at least five years from its date of issue, may contain in lieu of the foregoing the following provisions (from which the clause in parentheses may be omitted at the insurer's option) under the caption 'INCONTESTABLE.'
After this policy has been in force for a period of two years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.)"
Sec. 28. The catch line of G.S. 58-66-35 reads as rewritten:
"§
58-66-35. Application to policies; dates; duties of the Commissioner. dates."
Sec. 29. G.S. 62-2(3a) reads as rewritten:
"(3a) To assure that resources
necessary to meet future growth through the provision of adequate, reliable
utility service include use of the entire spectrum of demand-side options,
including but not limited to conservation, load management and efficiency
programs, as additional sources of energy supply and/or energy demand
reductions. To that end, to require energy planning and fixing of rates in a
manner to result in the least cost mix of generation and demand-reduction
measures which is achievable, including consideration of appropriate rewards to
utilities for efficiency and conservation which decrease utility bills. bills;".
Sec. 30. G.S. 62-2(4a) reads as rewritten:
"(4a) To assure that facilities
necessary to meet future growth can be financed by the utilities operating in
this State on terms which are reasonable and fair to both the customers and
existing investors of such utilities; and to that end to authorize fixing of
rates in such a manner as to result in lower costs of new facilities and lower
rates over the operating lives of such new facilities by making provisions in
the rate-making process for the investment of public utilities in plant plants
under construction;".
Sec. 31. G.S. 62-2(7) reads as rewritten:
"(7) To seek to adjust the
rate of growth of regulated energy supply facilities serving the State to the
policy requirements of statewide development; and".
Sec. 32. G.S. 62-2(8) reads as rewritten:
"(8) To cooperate with
other states and with the federal government in promoting and coordinating
interstate and intrastate public utility service and reliability of public
utility energy supply. supply; and ".
Sec. 33. G.S. 62-200(c) reads as rewritten:
"(c) In reckoning what is
a reasonable time for such transportation, it shall be considered that such
common carrier has transported household goods within a reasonable time if it
has done so in the ordinary time required for transporting such articles by
similar carriers between the receiving and shipping stations. The Commission is
authorized to establish reasonable times for transportation by the various
modes of carriage which shall be held to be prima facie reasonable, and a
failure to transport within such times shall be held prima facie unreasonable.
This section shall be construed to refer not only to delay in starting the
household goods from the station where it is they are received,
but to require the delivery at its their destination within the
time specified: Provided, that if such delay shall be due to causes which could
not in the exercise of ordinary care have been foreseen or which were
unavoidable, then upon the establishment of these facts to the satisfaction of
the court trying the cause, the defendant common carrier shall be relieved from
any penalty for delay in the transportation of household goods, but it shall
not be relieved from the costs of such action. In all actions to recover
penalties against a common carrier under this section, the burden of proof
shall be upon such carrier to show where the delay, if any, occurred. The
penalties provided in this section shall be in addition to the damages recoverable
for failure to transport within a reasonable time."
Sec. 34. G.S. 66-234(d) reads as rewritten:
"(d) The registration of
the membership camping operator shall be renewed annually with the fee required
in G.S. 66-226 66-236 not later than 30 days prior to the
anniversary of the current registration. The application shall include all
changes which have occurred in the information included in the application
previously filed."
Sec. 35. G.S. 89C-25(7) reads as rewritten:
"(7) The internal engineering
or surveying activities of a person, firm or corporation engaged in
manufacturing, processing, or producing a product, including the activities of
public service corporations, public utility companies, authorities, State
agencies, railroad, railroads, or membership cooperatives, or the
installation and servicing of their product in the field; or research and
development in connection with the manufacture of that product or their
service; or of their research affiliates; or their employees in the course of
their employment in connection with the manufacture, installation, or servicing
of their product or service in the field, or on-the-premises maintenance of
machinery, equipment, or apparatus incidental to the manufacture or
installation of the product or service of a firm by the employees of the firm
upon property owned, leased or used by the firm; inspection, maintenance and
service work done by employees of the State of North Carolina, any political
subdivision thereof, or any municipality therein including construction,
installation, servicing, maintenance by regular full-time employees of streets,
street lighting, traffic-control signals, police and fire alarm systems,
waterworks, steam, electric and sewage treatment and disposal plants; the services
of superintendents, inspectors or foremen regularly employed by the State of
North Carolina or any political subdivision thereof, or municipal corporation
therein; provided, however, that the internal engineering or surveying activity
is not a holding out to or an offer to the public of engineering or any service
thereof as prohibited by this Chapter. Engineering work, not related to the
foregoing exemptions, where the safety of the public is directly involved shall
be under the responsible charge of a registered professional engineer, or in
accordance with standards prepared or approved by a registered professional
engineer."
Sec. 36. G.S. 90-411 reads as rewritten:
"§ 90-411. Record copy fee.
A health care provider may charge a reasonable fee to cover the
costs incurred in searching, handling, copying, and mailing medical records to
the patient or the patient's designated representative. The maximum fee shall
be fifty cents (50’) per page, provided that the health care provider may
impose a minimum fee of up to ten dollars ($10.00), inclusive of copying costs.
If requested by the patient or the patient's designated representative, nothing
herein shall limit a reasonable professional fee charged by a physician for the
review and preparation of a narrative summary of the patient's medical record.
This section shall only apply with respect to liability claims for personal
injury, except that charges for medical records and reports related to claims
under Article 1 of Chapter 97 of the General Statutes shall be governed by the
fees established by the North Carolina Industrial Commission pursuant to G.S. 97-26.4.
97-26.1."
Sec. 37. G.S. 91A-8 reads as rewritten:
"§ 91A-8. Pawnbroker fees; interest rates.
No pawnbroker shall demand or receive an effective rate of interest greater than two percent (2%) per month, and no other charge of any description or for any purpose shall be made by the pawnbroker, except that the pawnbroker may charge, contract for, and recover an additional monthly fee for the following services, including but not limited to:
(1) Title investigation;
(2) Handling, appraisal, and storage;
(3) Insuring a security;
(4) Application fee;
(5) Making daily reports to local law enforcement officers; and
(6) For other expenses, including losses of every nature, and all other services.
In no event may the total of the above listed monthly fees on a pawn transaction exceed twenty percent (20%) of the principal up to a maximum of the following:
First month $100.00
Second month 75.00
Third month 75.00
Fourth month and thereafter 50.00
In addition, pawnbrokers may charge fees for returned checks as
allowed by G.S. 25-3-512. 25-3-506."
Sec. 38. G.S. 153A-405(b) reads as rewritten:
"(b) The proposition submitted to the voters shall be substantially in one or more of the following forms and may include part or all of the bracketed language as appropriate and other such modifications as may be needed to reflect the issued debt secured by a pledge of faith and credit of any of the consolidating units or the portion of the authorized but unissued debt secured by a pledge of faith and credit of any of the consolidating units the right to issue which is proposed to be assumed by the consolidated city-county:
(1) 'Shall the County of ..................and
the County of ..................be consolidated [and the consolidated unit
assume the debt of each secured by a pledge of faith and credit, [the right to
issue authorized but unissued debt to be secured by a pledge of faith and credit
[(including any such debt as may be authorized for said counties on the date of
this referendum)] and any of said authorized but unissued debt as may be
hereafter issued,] and be authorized to levy taxes in an amount sufficient to
pay the principal of and the interest on said debt secured by a pledge of faith
and credit? credit]?
[ ] YES [ ] NO'
(2) 'Shall the City of
.................. and the City of ..................be consolidated [and the
consolidated unit assume the debt of each secured by a pledge of faith and
credit, [the right to issue authorized but unissued debt to be secured by a
pledge of faith and credit [(including any such debt as may be authorized for
said cities on the date of this referendum)] and any of said authorized but
unissued debt as may be hereafter issued,] and be authorized to levy taxes in
an amount sufficient to pay the principal of and the interest on said debt
secured by a pledge of faith and credit? credit]?
[ ] YES [ ] NO'
(3) 'Shall the City of
.................. and the County of ..................be consolidated [and the
consolidated unit assume the debt of each secured by a pledge of faith and
credit, [the right to issue authorized but unissued debt to be secured by a
pledge of faith and credit [(including any such debt as may be authorized for
said city or county on the date of this referendum)] and any of said authorized
but unissued debt as may be hereafter issued,] and be authorized to levy taxes
in an amount sufficient to pay the principal of and the interest on said debt
secured by a pledge of faith and credit? credit]?
[ ] YES [ ] NO'".
Sec. 39. G.S. 159I-30(e) reads as rewritten:
"(e) Special obligation bonds and notes shall be special obligations of the unit of local government issuing them. The principal of, and interest and any premium on, special obligation bonds and notes shall be payable solely from any one or more of the sources of payment authorized by this section as may be specified in the proceedings, resolution, or trust agreement under which they are authorized or secured. Neither the faith and credit nor the taxing power of the unit of local government are pledged for the payment of the principal of, or interest or any premium on, any special obligation bonds or notes, and no owner of special obligation bonds or notes has the right to compel the exercise of the taxing power by the unit in connection with any default thereon. Every special obligation bond and note shall recite in substance that the principal and interest and any premium on such bond or note are payable solely from the sources of payment specified in the bond order or trust, agreement under which it is authorized or secured, provided that:
(1) Any such use of such
sources will not constitute a pledge of the unit's taxing owner; power;
and
(2) The municipality is not obligated to pay such principal or interest or premium except from such sources."
Sec. 40. G.S. 160B-20(b) reads as rewritten:
"(b) Assumption of Debt
Secured by a Pledge of Faith and Credit by Consolidated City-County. - Subject
to the requirement of referendum approval of certain debt assumption for
consolidation by the General Assembly and effective upon the effective date
of the consolidation provided in G.S. 160B-18(a), upon enactment of the
consolidation by the General Assembly and effective upon the effective date of
the consolidation provided in G.S. 160B-18(b), the debt secured by a pledge of
faith and credit of the consolidating city at the effective date of the
consolidation (including formerly authorized but unissued debt secured by a
pledge of faith and credit as may have been issued at the time) is assumed by,
and becomes a binding obligation of the consolidated city-county, and the faith
and credit of the consolidated city-county is pledged to secure any such
assumed debt secured by a pledge of faith and credit. In addition, any
debt secured by a pledge of faith and credit of the county at the effective
date of the consolidation shall become a binding obligation of the consolidated
city-county and the faith and credit of the consolidated city-county is pledged
to secure any such debt."
Sec. 41. G.S. 160B-21(a) reads as rewritten:
"(a) Publication of Notice of Enactment. - Following ratification of an act of the General Assembly authorizing consolidation, there shall be published once in a newspaper of general circulation in the county a notice of said enactment and, if applicable, the fact that in connection with said enactment there is an assumption by the consolidated city-county of the debt secured by a pledge of faith and credit of the consolidating city and, if applicable, assumption of the right to issue authorized but unissued debt secured by a pledge of faith and credit of the consolidating city and that there is also binding on the consolidated city-county the debt secured by a pledge of faith and credit of the county and, if applicable, there is vested in the consolidated city-county the right to issue authorized but unissued debt secured by a pledge of faith and credit of the county with the following statement appended:
'Any action or proceeding challenging
the regularity or validity of this referendum enactment must be
begun within 30 days after the date of publication of this statement of
result. notice.'
The notice shall be published by the governing bodies of the units proposed to be consolidated or, if applicable, the interim governing board of the consolidated city-county by their respective clerks or by such other persons as shall be designated by each applicable governing body or board."
Sec. 42. G.S. 75A-13.2(a) reads as rewritten:
"(a) No person shall
operate a personal watercraft on the waters of this State at any time between
the hours from one hour after sunset to one hour before sunrise. For
purposes of this section, 'personal watercraft' means a small class A-1 or
A-2 vessel which uses an outboard motor, or an inboard motor powering a
water jet pump, as its primary source of motive power and which is designed to
be operated by a person sitting, standing, or kneeling on, or being towed
behind the vessel, rather than in the conventional manner of sitting or
standing inside the vehicle."
Sec. 42.1. Section 2 of Chapter 591 of the 1995 Session Laws, (Reg. Sess., 1996), reads as rewritten:
"Sec. 2. G.S. 50B-3 reads as rewritten:
"§ 50B-3. Relief.
(a) The court may grant any protective order or approve any consent agreement to bring about a cessation of acts of domestic violence. The orders or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse party
possession of the residence or household of the parties and exclude the
other spouse party from the residence or household;
(3) Require a party to provide a spouse and his or her children suitable alternate housing;
(4) Award temporary custody of minor children and establish temporary visitation rights;
(5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it;
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order a party to
refrain from harassing or interfering with the other; doing any or
all of the following:
a. Threatening, abusing, or following the other party,
b. Harassing the other party, including by telephone, visiting the home or workplace, or other means, or
c. Otherwise interfering with the other party;
(10) Award costs and attorney's fees to either party;
(11) Prohibit a party from purchasing a firearm for a time fixed in the order;
(12) (Effective October 1, 1996) Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is available within a reasonable distance of that party's residence and is approved by the Department of Administration; and
(13) Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child.
(b) Protective orders entered or consent orders approved pursuant to this Chapter shall be for a fixed period of time not to exceed one year. Upon application of the aggrieved party, a judge may renew the original or any succeeding order for up to one additional year. Protective orders entered or consent orders approved shall not be mutual in nature except where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted as aggressors, that neither party acted primarily in self-defense, and that the right of each party to due process is preserved.
(c) A copy of any order entered and filed under this Article shall be issued to each party. In addition, a copy of the order shall be issued to and retained by the police department of the city of the victim's residence. If the victim does not reside in a city or resides in a city with no police department, copies shall be issued to and retained by the sheriff, and the county police department, if any, of the county in which the victim resides.
(d) (Effective April 1, 1996) The sheriff of the county where a domestic violence order is entered shall provide for immediate entry of the order onto the Division of Criminal Information Network and shall provide for access of such orders to magistrates on a 24-hour-a-day basis. Modifications of the order shall also be entered."
Sec. 42.2. Section 5 of Chapter 606 of the 1995 Session Laws, (Reg. Sess., 1996) reads as rewritten:
"Sec. 5. This act becomes effective January 1,
1997, except that the requirements imposed by Section 3 of this act on home
care agencies become effective January 1, 1998. Sections 3 2 and
4 3 apply to applicants who apply for employment on or after the
appropriate effective date."
Sec. 42.3. G.S. 1-285 reads as rewritten:
"§ 1-285. Undertaking on appeal.
(a) To render an appeal
effectual for any purpose in a civil cause or special proceeding, a written
undertaking must be executed on the part of the appellant, with good and
sufficient surety, in the sum of two hundred fifty dollars ($250.00), or any
lesser sum as might be adjudged by the court, to the effect that the appellant
will pay all costs awarded against him on the appeal, and this undertaking must
be filed with the clerk by with whom the judgment or order was entered;
filed; or such sum must be deposited with the appropriate clerk
by whom the judgment or order was entered, to abide the event of the appeal.
of the appellate division in compliance with the North
Carolina Rules of Appellate Procedure.
(b) The provisions of this section do not apply to the State of North Carolina, a city or a county or a local board of education, an officer thereof in his official capacity, or an agency thereof."
Sec. 42.4. G.S. 1-286 reads as rewritten:
"§ 1-286. Justification of sureties.
The written undertaking on appeal must be accompanied by the affidavit of one of the sureties that he is worth double the amount specified therein. The respondent may except to the sufficiency of the sureties within ten days after the notice of appeal; and unless they or other sureties justify within the ten days thereafter, the appeal shall be regarded as if no undertaking had been given. The justification must be upon a notice of not less than five days."
Sec. 42.5. Sections 6 and 7 of Chapter 636 of the 1995 Session Laws (Reg. Sess., 1996) are repealed.
Sec. 43. G.S. 150B-21.3(b) reads as rewritten:
"(b) Permanent Rule. - A
permanent rule approved by the Commission becomes effective on the earlier
of the thirty-first legislative day or the day of adjournment of the
next regular session of the General Assembly that begins at least 25 days after
the date the Commission approved the rule, unless a later different effective
date applies under this subsection. section. If a bill that
specifically disapproves the rule is introduced in either house of the General
Assembly before the thirty-first legislative day of that session, the rule
becomes effective on the earlier of either the day an unfavorable final action
is taken on the bill or the day that session of the General Assembly adjourns
without ratifying a bill that specifically disapproves the rule. If the
agency adopting the rule specifies a later effective date than the date that
would otherwise apply under this subsection, the later date applies. A
permanent rule that is not approved by the Commission or that is specifically
disapproved by a bill ratified by the General Assembly before it becomes effective
does not become effective.
A bill specifically disapproves a rule if it contains a provision that refers to the rule by appropriate North Carolina Administrative Code citation and states that the rule is disapproved. Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of any regular session to disapprove a rule that has been approved by the Commission and that either has not become effective or has become effective by executive order under subsection (c) of this section."
Sec. 44. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives