GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H 2
HOUSE BILL 327*
Committee Substitute Favorable 5/31/05
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Short Title: 2005 Technical Corrections Act. |
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Sponsors: |
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Referred to: |
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February 22, 2005
A BILL TO BE ENTITLED
AN ACT to make technical corrections and conforming changes to the general statutes as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 7A-775(a)(4) reads as rewritten:
"(4) Arranging for an
annual audit, in accordance with G.S. 143-6.1;G.S. 143-6.2;".
SECTION 1.(b) G.S. 143B-168.12(c) reads as rewritten:
"(c) The North Carolina
Partnership shall require each local partnership to place in each of its
contracts a statement that the contract is subject to monitoring by the local
partnership and North Carolina Partnership, that contractors and subcontractors
shall be fidelity bonded, unless the contractors or subcontractors receive less
than one hundred thousand dollars ($100,000) or unless the contract is for
child care subsidy services, that contractors and subcontractors are subject to
audit oversight by the State Auditor, and that contractors and subcontractors
shall be audited as required by G.S. 143-6.1.G.S. 143-6.2.
Organizations subject to G.S. 159-34 shall be exempt from this
requirement."
SECTION 2. G.S. 14-226(b) reads as rewritten:
"(b) A defendant in a
criminal proceeding who threatens a witness in the defendant's case with the
assertion or denial of parental rights shall be a in violation of
this section."
SECTION 3. G.S. 14-309.15(a) reads as rewritten:
"(a) It is lawful for any nonprofit organization or association, recognized by the Department of Revenue as tax-exempt pursuant to G.S. 105-130.11(a), and for any government entity within the State, to conduct raffles in accordance with this section. Any person who conducts a raffle in violation of any provision of this section shall be guilty of a Class 2 misdemeanor. Upon conviction that person shall not conduct a raffle for a period of one year. It is lawful to participate in a raffle conducted pursuant to this section. It shall not constitute a violation of State law to advertise a raffle conducted in accordance with this section. A raffle conducted pursuant to this section is not "gambling"."
SECTION 4. G.S. 14-404(a) reads as rewritten:
"(a) Upon application, the
sheriff shall issue the license or permit to a resident of that county county,
unless the purpose of the permit is for collecting, in which case a sheriff
can issue a permit to a nonresident nonresident, when the sheriff
has done all of the following:
(1) Verified by a criminal history background investigation that it is not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The sheriff shall determine the criminal history of any applicant by accessing computerized criminal history records as maintained by the State Bureau of Investigation and the Federal Bureau of Investigation, by conducting a national criminal history records check, and by conducting a criminal history check through the Administrative Office of the Courts.
(2) Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant.
(3) Fully satisfied himself or herself that the applicant desires the possession of the weapon mentioned for (i) the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting."
SECTION 5. G.S. 14-407.1 reads as rewritten:
"§ 14-407.1. Sale of blank cartridge pistols.
The provisions of G.S. 14-402 and 14-405 to 14-407 G.S. 14-402,
14-405, and 14-406 shall apply to the sale of pistols suitable for firing
blank cartridges. The clerks of the superior courts sheriffs of
all the counties of this State are authorized and may in their discretion issue
to any person, firm or corporation, in any such county, a license or permit to
purchase or receive any pistol suitable for firing blank cartridges from any
person, firm or corporation offering to sell or dispose of the same, which said
permit shall be in substantially the following form:
North Carolina
______________ County
I, ______________, Clerk of the Superior Court sheriff
of said county, do hereby certify that ______________, whose place of
residence is ______________ Street in ______________ (or) in ______________
Township in ______________ County, North Carolina, having this day satisfied me
that the possession of a pistol suitable for firing blank cartridges will be
used only for lawful purposes, a permit is therefore given said ______________
to purchase said pistol from any person, firm or corporation authorized to
dispose of the same, this ________ day of ____________, ________.
_____________________________________
Clerk of Superior Court Sheriff
The clerk sheriff shall charge for his the
sheriff's services, upon issuing such permit, a fee of fifty cents
(50¢)."
SECTION 6. G.S. 20-158(b)(2) reads as rewritten:
"(2) Approaching with
traffic signal traffic signal the approaching
a. When a steady
or strobe beam stoplight steady-beam traffic signal is emitting a
red light controlling traffic passing through approaching an
intersection, an approaching vehicle facing the red light shall come to a stop
and shall not enter the intersection. After coming to a complete stop and
unless prohibited by an appropriate sign, that approaching vehicle may make a
right turn.
b. Any vehicle that turns right under this subdivision shall yield the right-of-way to:
1. Other traffic and pedestrians using the intersection; and
2. Pedestrians who are moving towards the intersection, who are in reasonably close proximity to the intersection, and who are preparing to cross in front of the traffic that is required to stop at the red light.
c. Failure to yield to a pedestrian under this subdivision shall be an infraction, and the court may assess a penalty of not more than five hundred dollars ($500.00) and not less than one hundred dollars ($100.00).
d. The Department of Transportation shall collect data regarding the number of individuals who are found responsible for violations of sub-subdivision b. of this subdivision and the number of pedestrians who are involved in accidents at intersections because of a driver's failure to yield the right-of-way while turning right at a red light. The data shall include information regarding the number of disabled pedestrians, including individuals with visual or mobility-related disabilities, who are involved in right turn on red accidents. The Department shall report the data annually to the Joint Legislative Transportation Oversight Committee beginning January 1, 2006."
SECTION 7. G.S. 58-31-66(b) reads as rewritten:
"(b) (1) Repealed by Session Laws 2004-203, s. 74(b), effective October 1, 2004.
(2) because".
SECTION 8. G.S. 66-58(b)(13a) is repealed.
SECTION 9. G.S. 95-265(a)(2)b. reads as rewritten:
"b. The
complainant certified to the court that there is good cause to grant the remedy
because the harm that the remedy is intended to prevent would like likely
occur if the respondent were given any prior notice of the complainant's
efforts to obtain judicial relief."
SECTION 10. G.S. 120-32.1(d) reads as rewritten:
"(d) For the purposes of this section, the term "State legislative buildings and grounds" means:
(1) At all times:
a. The State Legislative Building;
a1. Repealed by Session Laws 1998-156, s. 1, effective September 24, 1998.
a2. The areas between the outer walls of the State Legislative Building and the far curbline of those sections of Jones, Wilmington, Salisbury, and Lane Streets that border the land on which it is situated;
b. The Legislative Office Building, which shall include the following areas:
1. The garden area and outer stairway;
2. The loading
dock area bounded by the wall on the east abutting the State Government Halifax
Street Mall, the southern edge of the southernmost exit lane on Salisbury
Street for the parking deck, and the Salisbury Street sidewalk;
3. The area between its outer wall and the near curbline of that section of Lane Street that borders the land on which it is situated; and
4. The area bounded by its western outer wall, the extension of a line along its northern outer wall to the middle of Salisbury Street, following the middle line of Salisbury Street to the nearest point of the intersection of Lane and Salisbury Streets, and thence east to the near curbline of the Legislative Office Building at its southwestern corner;
c. Any State-owned parking lot which is leased to the General Assembly;
d. The bridge
between the State Legislative Building and the State Governmental Halifax
Street Mall; and
e. A portion
of the brick sidewalk surface area of the State Government Halifax
Street Mall, described as follows: beginning at the northeast corner of the
Legislative Office Building, thence east across the brick sidewalk to the inner
edge of the sidewalk adjacent to the grassy area of the Mall, thence south
along the inner edge of the sidewalk to the southwest outer corner of the Mall
water fountain, thence east along the southern outer edge of the fountain to a
point north of the northeast corner of the pedestrian surface of the Lane
Street pedestrian bridge, thence south from that point to the northeast corner
of the pedestrian surface of the bridge, thence west along the southern edge of
the brick sidewalk area of the Mall to the southeast corner of the Legislative
Office Building, thence north along the east wall of the Legislative Office
Building, to the point of beginning.
(2) Repealed by Session Laws 1998-156, s. 1, effective September 24, 1998."
SECTION 11. G.S. 120-231(b) reads as rewritten:
"(b) The Committee may consult with the State Chief Information Officer on statewide technology strategies and initiatives and review all legislative proposals and other recommendations of the State Chief Information Officer.
Office of Information Technology Services".
SECTION 12. G.S. 126-5(e) reads as rewritten:
"(e) An exempt employee may be transferred, demoted, or separated from his or her position by the department head authorized to designate the exempt position except:
(1) When an employee who
has the minimum service requirements described in subsection (c)(1) above G.S. 126-1.1
but less than 10 years of cumulative service in subject positions prior to
placement in an exempt position is removed from an exempt position, for reasons
other than just cause, the employee shall have priority to any position that
becomes available for which the employee is qualified, according to rules and
regulations regulating and defining priority as promulgated by the State
Personnel Commission; or
(2) When an employee who has 10 years or more cumulative service, including the immediately preceding 12 months, in subject positions prior to placement in an exempt position is removed from an exempt position, for reasons other than just cause, the employee shall be reassigned to a subject position within the same department or agency, or if necessary within another agency, and within a 35 mile radius of the exempt position, at the same grade and salary, including all across-the-board increases since placement in the position designated as exempt, as his most recent subject position."
SECTION 13. G.S. 126-14.4(g) reads as rewritten:
"(g) A career State employee with:
(1) Less than 10 years of
service who was placed in an exempt managerial position, as defined by
G.S. 126-5(b)(2), shall be given priority consideration for a position at
the same salary grade equal to that held in the most recent position prior
to the promotion before being placed in the exempt managerial position if
he or she has to vacate because of violation of G.S. 126-14.2.
(2) 10 or more years of
service who was placed in an exempt managerial position, as defined by
G.S. 126-5(b)(2), shall be placed in a comparable position at the same
grade and salary equal to that held in the most recent position prior to the
promotion before being placed in the exempt managerial position if
he or she had to vacate because of violation of G.S. 126-14.2."
SECTION 14. G.S. 135-4A is recodified as G.S. 135-4.1.
SECTION 15. G.S. 153A-129 reads as rewritten:
"§ 153A-129. Firearms.
A county may by ordinance regulate, restrict, or prohibit the
discharge of firearms at any time or place except when used to take birds or
animals pursuant to Chapter 113, Subchapter III,IV, when used in
defense of person or property, or when used pursuant to lawful directions of
law-enforcement officers. A county may also regulate the display of firearms on
the public roads, sidewalks, alleys, or other public property. This section
does not limit a county's authority to take action under Chapter 14, Article
36A."
SECTION 16. G.S. 160A-37(h) reads as rewritten:
"(h) Remedies for Failure
to Provide Services. - If, not earlier than one year from the effective date of
annexation, and not later than 15 months from the effective date of annexation,
any person owning property in the annexed territory shall believe that the
municipality has not followed through on its service plans adopted under the
provisions of G.S. 160A-35(3) and 160A-37(e), such subsection
(e) of this section, the person may apply for a writ of mandamus under the
provisions of Article 40, Chapter 1 of the General Statutes. Relief may be
granted by the judge of superior court
(1) If the municipality has not provided the services set forth in its plan submitted under the provisions of G.S. 160A-35(3)a on substantially the same basis and in the same manner as such services were provided within the rest of the municipality prior to the effective date of annexation, and
(2) If at the time the writ is sought such services set forth in the plan submitted under the provisions of G.S. 160A-35(3)a are still being provided on substantially the same basis and in the same manner as on the date of annexation of the municipality.
Relief may also be granted by the judge of superior court
(1) If the plans submitted
under the provisions of G.S. 160A-35(3)c G.S. 160A-35(3)b. require
the construction of major trunk water mains and sewer outfall lines and
(2) If contracts for such construction have not yet been let.
If a writ is issued, costs in the action, including a reasonable attorney's fee for such aggrieved person, shall be charged to the municipality."
SECTION 17. G.S. 160A-49(f2) reads as rewritten:
"(f2) Effective Date of Annexation for Certain Property. - Annexation of property subject to annexation under subsection (f1) of this section shall become effective:
(1) Upon the effective date of the annexation ordinance, the property is considered part of the city only (i) for the purpose of establishing city boundaries for additional annexations pursuant to this Article and (ii) for the exercise of city authority pursuant to Article 19 of this Chapter.
(2) For all other
purposes, the annexation becomes effective as to each tract of such property or
part thereof on the last day of the month in which that tract or part thereof
becomes ineligible for classification pursuant to G.S. 105-227.4 G.S. 105-277.4
or no longer meets the requirements of subdivision (f1)(2) of this section.
Until annexation of a tract or a part of a tract becomes effective pursuant to
this subdivision, the tract or part of a tract is not subject to taxation by
the city under Article 12 of Chapter 105 of the General Statutes nor is the
tract or part of a tract entitled to services provided by the city."
SECTION 18. G.S. 160A-215(g) reads as rewritten:
"(g) This section applies
only to Beech Mountain District W, to the Cities of Gastonia, Goldsboro,
Greensboro, High Point, Kings Mountain, Lexington, Lincolnton, Lumberton,
Monroe, Mount Airy, Shelby, Statesville, Washington, and Wilmington, to the
Towns of Beech Mountain, Blowing Rock, Carolina Beach, Carrboro, Franklin,
Jonesville, Kure Beach, Jonesville, Mooresville, North Topsail
Beach, Selma, Smithfield, St. Pauls, Wilkesboro, and Wrightsville Beach, and to
the municipalities in Avery and Brunswick Counties."
SECTION 19. G.S. 163-296 reads as rewritten:
"§ 163-296. Nomination by petition.
In cities conducting partisan elections, any qualified voter who seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate may do so in the manner provided in G.S. 163-122, except that the petitions and affidavits shall be filed not later than 12:00 noon on the Friday preceding the seventh Saturday before the election, and the petitions shall be signed by a number of qualified voters of the municipality equal to at least four percent (4%) of the whole number of voters qualified to vote in the municipal election according to the voter registration records of the State Board of Elections as of January 1 of the year in which the general municipal election is held. A person whose name appeared on the ballot in a primary election is not eligible to have his name placed on the regular municipal election ballot as an unaffiliated candidate for the same office in that year. The Board of Elections shall examine and verify the signatures on the petition, and shall certify only the names of signers who are found to be qualified registered voters in the municipality. Provided that in the case where a qualified voter seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate for election from an election district within the municipality, the petition shall be signed by four percent (4%) of the voters qualified to vote for that office."
SECTION 20.(a) Section 18.2(e) of S.L. 2004-124 reads as rewritten:
"SECTION 18.2.(e). The With the
exception of G.S. 143-655, the word "Commission" shall be
replaced with "Division" every place that word appears in Article 68
of Chapter 143 of the General Statutes."
SECTION 20.(b) G.S. 143-655 reads as rewritten:
"§ 143-655.
Fees; State Boxing Commission Revenue Account.
(a) License Fees. - The Commission
Division shall collect the following license fees:
Announcer $50.00
Contestant $25.00
Judge $50.00
Manager $100.00
Matchmaker $200.00
Promoter $300.00
Referee $50.00
Timekeeper $50.00
Second $25.00.
The annual license renewal fees shall not exceed the initial license fees.
(b) Permit Fees. - The Commission
Division may establish a fee schedule for permits issued under this
Article. The fees may vary depending on the seating capacity of the facility to
be used to present a match. The fee may not exceed the following amounts:
Seating Capacity Fee Amount
Less than 2,000 $100.00
2,000 - 5,000 $200.00
Over 5,000 $300.00.
(c) State Boxing Commission
Revenue Account. - There is created the State Boxing Commission Revenue
Account within the Department of Crime Control and Public Safety. Monies
[moneys] collected pursuant to the provisions of this Article shall be credited
to the Account and applied to the administration of the Article."
SECTION 20.(c) G.S. 143-651(23b) reads as rewritten:
"(23b) Sanctioned amateur match. - Any boxing or kickboxing match regulated by an amateur sports organization that has been recognized and approved by the Division.
North Carolina Boxing
Commission."
SECTION 21. The introductory language of Section 15 of S.L. 2004-127 reads as rewritten:
"SECTION 15. G.S. 163-278(9)
G.S. 163-278.6(9) reads as rewritten:".
SECTION 22. The introductory language of Section 27(e) of S.L. 2004-199 reads as rewritten:
"SECTION 27.(e) G.S. 106-577
G.S. 106-557 reads as rewritten:".
SECTION 23. Section 44 of S.L. 2004-203 is repealed.
SECTION 24. Section 68 of S.L. 2004-203 is repealed.
SECTION 25. This act is effective when it becomes law.