GENERAL ASSEMBLY OF NORTH CAROLINA
SENATE BILL 220
AN ACT to make technical corrections in the general statutes as requested by the general statutes commission and to make various other technical changes to the general statutes and session laws.
The General Assembly of North Carolina enacts:
PART I. TECHNICAL CHANGES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION
SECTION 1. G.S. 7A-39.14(e) reads as rewritten:
A retired or emergency justice or judge may serve on the Supreme Court or Court
of Appeals pursuant to subdivision (a)(3) or (a)(4) only if he is recalled to
serve temporarily in place of a sitting justice or judge who is not temporarily
incapacitated under circumstances that would permit temporary service of the
retired or emergency justice or judge pursuant to G.S. 7A-39.5 or
G.S. 7A-39.13. This section does not authorize more than seven justices to
serve on the Supreme Court at any given time, nor does it authorize more than
justices and judges to serve on the Court of Appeals at any given time. In no
case may more than one emergency justice or emergency judge serve on one panel
of the Court of Appeals at any given time."
SECTION 2. G.S. 7A-343.2 reads as rewritten:
"§ 7A-343.2. Court Information Technology Fund.
Fund. - The Court Information Technology Fund is established within the
Judicial Department as a special revenue fund. Interest and other investment
income earned by the Fund accrues to it. The
fundFund consists of
the following revenues:
moneysmonies collected by the Director pursuant to
G.S. 7A-109(d) and G.S. 7A-49.5.
(2) State judicial facilities fees credited to the Fund under G.S. 7A-304 through G.S. 7A-307.
Use. - Money in the
fundFund derived from State judicial
facilities fees must be used to upgrade, maintain, and operate the judicial and
county courthouse phone systems. All other monies in the fundFund
must be used to supplement funds otherwise available to the Judicial Department
for court information technology and office automation needs.
(c) Report. - The Director must report by August 1 and February 1 of each year to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House Appropriations Committees, and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety. The report must include the following:
(1) Amounts credited in the preceding six months to the Fund.
(2) Amounts expended in the preceding six months from the Fund and the purposes of the expenditures.
Proposed expenditures of the
funds funds.monies in the Fund."
SECTION 3. G.S. 14-144 reads as rewritten:
"§ 14-144. Injuring houses, churches, fences and walls.
If any person shall, by any other
means than burning or attempting to burn, unlawfully and willfully demolish,
destroy, deface, injure or damage any of the houses or other buildings
this Chapter in the Article entitled Arson and Other Burnings;Article
15 (Arson and Other Burnings) of this Chapter; or shall by any other means
than burning or attempting to burn unlawfully and willfully demolish, pull
down, destroy, deface, damage or injure any church, uninhabitated uninhabited
house, outhouse or other house or building not mentioned in such article; or
shall unlawfully and willfully burn, destroy, pull down, injure or remove any
fence, wall or other inclosure, enclosure, or any part thereof,
surrounding or about any yard, garden, cultivated field or pasture, or about
any church or graveyard, or about any factory or other house in which machinery
is used, every person so offending shall be punished as follows:
(1) If the damage is five thousand dollars ($5,000) or less, the person is guilty of a Class 2 misdemeanor.
(2) If the damage is more than five thousand dollars ($5,000), the person is guilty of a Class I felony."
SECTION 4. G.S. 14-202.5(b)(1) reads as rewritten:
"(1) Is operated by a person who derives revenue from membership fees, advertising, or other sources related to the operation of the Web site."
SECTION 5. G.S. 14-208.18(a) reads as rewritten:
It shall be unlawful for any person required to register under this Article, if
the offense requiring registration is described in
subsection (b) subsection
(c) of this section, to knowingly be at any of the following locations:
(1) On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children's museums, child care centers, nurseries, and playgrounds.
(2) Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, including, but not limited to, places described in subdivision (1) of this subsection that are located in malls, shopping centers, or other property open to the general public.
(3) At any place where minors gather for regularly scheduled educational, recreational, or social programs."
SECTION 6. The catch line for G.S. 14-318.2 reads as rewritten:
14-318.2. Child abuse a
Class 1 misdemeanor."
SECTION 7. G.S. 14-404(g) reads as rewritten:
An applicant shall not be ineligible to receive a permit under
(4) of subsection (c) subdivision (c)(4) of this section because of
involuntary commitment to mental health services if the individual's rights
have been restored under G.S. 122C-54.1."
SECTION 8.(a) G.S. 58-50-180(b)(3)e. reads as rewritten:
One who represents business, as recommended by the
North Carolina Citizens
for Business and Industry.North Carolina Chamber."
SECTION 8.(b) G.S. 58-65-133(d) reads as rewritten:
Advisory Committee. - An advisory committee shall be formed to (i) develop,
subject to the approval of the Attorney General, the criteria for selection of
the Foundation's initial board of directors and (ii) nominate candidates for
the initial board of directors. The advisory committee shall be comprised of
the following 11 members: three representatives of the business community
North Carolina Citizens for Business and Industry, the
North Carolina Chamber, three representatives of the public and private
medical school community selected by The University of North Carolina Board of
Governors, three representatives of private foundations and other nonprofit
organizations selected by the North Carolina Center for Nonprofits, a
representative of NCHA, Inc., and a representative of the North Carolina
Medical Society. After receiving a copy of the proposed plan of conversion, the
Attorney General shall immediately notify these organizations, and the advisory
committee shall be constituted within 45 days thereafter.
The advisory committee's criteria shall ensure an open recruitment process for the directors. The advisory committee shall nominate 22 residents of North Carolina for the 11 positions to be filled by the Attorney General. The Attorney General shall retain an independent executive recruiting firm or firms to assist the advisory committee in its work."
SECTION 8.(c) G.S. 115C-102.15(b)(9) reads as rewritten:
One representative of business and industry appointed by the State Board of
Education after receiving recommendations from the
North Carolina Citizens
for Business and Industry;North Carolina Chamber;"
SECTION 8.(d) G.S. 115C-102.15(b)(15) reads as rewritten:
representatives of technology businesses who have either successfully developed
innovative technology programs for education or have partnered with a local
education agency (LEA) to develop a technology-based education environment in
that LEA, who are appointed by the State Board of Education, after receiving
recommendations from North Carolina Electronics and Information Technologies
Association and the
North Carolina Citizens for Business and Industry; North
Carolina Chamber; and"
SECTION 8.(e) G.S. 143-548(a)(1) reads as rewritten:
The six members appointed by the President Pro Tempore of the Senate shall
include one member recommended by the
North Carolina Citizens for Business
and Industry,North Carolina Chamber, one other representing
providers of community rehabilitation services, one other who is a vocational
rehabilitation counselor, with knowledge of and experience with vocational
rehabilitation programs, who is not an employee of the Division, one other
representing the Commission on Workforce Preparedness, and two others
representing disability advocacy groups representing a cross-section of
individuals with physical, cognitive, sensory, and mental disabilities. Of the
six members appointed by the President Pro Tempore of the Senate, three shall
be individuals with disabilities;"
SECTION 8.(f) G.S. 143B-434.1(c)(9) reads as rewritten:
The President of
North Carolina Citizens for Business and Industry.the
North Carolina Chamber."
SECTION 8.(g) G.S. 143B-434.1(d) reads as rewritten:
The members of the Board shall serve the following terms: the Secretary of
Commerce, the Director of the Division of Tourism, Film, and Sports
Development, the Chairperson of the Travel and Tourism Coalition, the President
of the North Carolina Travel Industry Association, and the President of
Carolina Citizens for Business and Industrythe North Carolina Chamber
shall serve on the Board while they hold their respective offices. Each member
of the Board appointed by the Governor shall serve during his or her term of
office. The members of the Board appointed by the General Assembly shall serve
two-year terms beginning on January 1 of odd-numbered years and ending on
December 31 of the following year. The first such term shall begin on January
1, 1991, or as soon thereafter as the member is appointed to the Board, and end
on December 31, 1992. All other members of the Board shall serve a term which
consists of the portion of calendar year 1991 that remains following their
appointment or designation and, thereafter, two-year terms which shall begin on
January 1 of an even-numbered year and end on December 31 of the following
year. The first such two-year term shall begin on January 1, 1992, and end on
December 31, 1994."
SECTION 9. The catch line of G.S. 58-89A-75 reads as rewritten:
minimus minimis registration."
SECTION 10. G.S. 90-21.5(a) reads as rewritten:
Any minor may give effective consent to a physician licensed to practice
medicine in North Carolina for medical health services for the prevention,
diagnosis and treatment of (i) venereal disease and other diseases reportable
under G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances
or alcohol, and (iv) emotional disturbance. This section does not authorize the
inducing of an abortion, performance of a sterilization operation, or admission
to a 24-hour facility licensed under Article 2 of Chapter 122C of the General
Statutes except as provided in
G.S. 122C-222.G.S. 122C-223.
This section does not prohibit the admission of a minor to a treatment facility
upon his own written application in an emergency situation as authorized by G.S. 122C-222.G.S. 122C-223."
SECTION 11. G.S. 90-270.78(a)(3) reads as rewritten:
Use in connection with his or her name or place of business the words
therapist","occupational therapist" or
"occupational therapy assistant", "occupational therapist or
the letters "O.T.", "O.T./L.", "O.T.A.", or
"O.T.A./L.", or any other words, letters, abbreviations or
insignia indicating or implying that the person is an occupational therapist,
or occupational therapy assistant."
SECTION 12. G.S. 90-634(b1) reads as rewritten:
Unless exempt from the approval process, it is unlawful for an individual,
association, partnership, corporation, or other entity to open, operate, or
advertise a massage and bodywork therapy school without first having obtained
the approval required by
G.S. 90-637.1.G.S. 90-631.1."
SECTION 13. G.S. 115B-5A is recodified as G.S. 115B-5.1.
SECTION 14. G.S. 120C-102(d) reads as rewritten:
Except as provided under
subsections (c)(c)subsections (c) and
(d1) of this section, a request for advice, any advice provided by Commission
staff, any formal advisory opinions, any supporting documents submitted or
caused to be submitted to the Commission or Commission staff, and any documents
prepared or collected by the Commission or the Commission staff in connection
with a request for advice are confidential. The identity of the individual, State
agency, or governmental unit making the request for advice, the existence of
the request, and any information related to the request may not be revealed
without the consent of the requestor. An individual, State agency, or
governmental unit who requests advice or receives advice, including a formal
advisory opinion, may authorize the release to any other person, the State, or
any governmental unit of the request, the advice, or any supporting documents.
For purposes of this section, "document" is as defined in G.S. 120-129. Requests for advice, any advice, and any documents related to requests for advice are not "public records" as defined in G.S. 132-1."
SECTION 15. G.S. 122A-5(24) reads as rewritten:
advise the Governor regarding the coordination of public and private low- and
moderate-income housing programs;
SECTION 16. G.S. 130A-295.02(j) reads as rewritten:
For purposes of this subsection, special purpose commercial hazardous waste
facilities include: a facility that manages limited quantities of hazardous
waste; a facility that limits its hazardous waste management activities to
reclamation or recycling, including energy or materials recovery or a facility
that stores hazardous waste primarily for use at such facilities; or a facility
that is determined to be low risk under rules adopted by the Commission
pursuant to this subsection. The Commission shall adopt rules to determine
whether a commercial hazardous waste facility is a special purpose commercial
hazardous waste facility and to establish classifications of special purpose
commercial hazardous waste facilities. The rules to determine whether a
commercial hazardous waste facility is a special purpose commercial hazardous
waste facility and to establish classifications of special purpose commercial
hazardous waste facilities shall be based on factors including, but not limited
to, the size of the facility, the type of treatment or storage being performed,
the nature and volume of waste being treated or stored, the uniformity,
similarity, or lack of diversity of the waste streams, the predictability of
the nature of the waste streams and their treatability, whether the facility
utilizes automated monitoring or safety devices that adequately perform
functions that would otherwise be performed by a resident inspector, the fact
that reclamation or recycling is being performed at the facility, and the
compliance history of the facility and its operator. Based on the foregoing
factors and any increase or decrease in the number of sensitive land uses over
time or in estimated population density over time reported pursuant to
G.S. 130A-295.01(f), rules adopted pursuant to this subsection shall
establish times and frequencies for the presence of a resident inspector
on less than a full-time basis at special purpose commercial hazardous
waste facilities and specify a minimum number of additional inspections at
special purpose hazardous
waste. waste facilities. during such times as the
facility is subject to inspection
Special purpose commercial hazardous waste facilities that utilize hazardous waste as a fuel source shall be inspected a minimum of 40 hours per week, unless compliance data for these facilities can be electronically monitored and recorded off-site by the Department. The Department, considering the benefits provided by electronic monitoring, shall determine the number of hours of on-site inspection required at these facilities. The Department shall maintain records of all inspections at special purpose commercial hazardous waste facilities. Such records shall contain sufficient detail and shall be arranged in a readily understandable format so as to facilitate determination at any time as to whether the special purpose commercial hazardous waste facility is in compliance with the requirements of this subsection and of rules adopted pursuant to this subsection. Notwithstanding any other provision of this section, special purpose commercial hazardous waste facilities shall be subject to inspection at all times during which the facility is in operation, undergoing any maintenance or repair, or undergoing any test or calibration."
SECTION 17. G.S. 138A-13(e) reads as rewritten:
Except as provided under subsections (b2), (d) and (e1) of this section,
a request for advice, any advice provided by Commission staff, any formal
or recommended formal advisory opinions, any supporting documents submitted or
caused to be submitted to the Commission or Commission staff, and any documents
prepared or collected by the Commission or Commission staff in connection with
a request for advice and advisory opinions issued under are
confidential. The identity of the individual making the request for advice, the
existence of the request, and any information related to the request may not be
revealed without the consent of the requestor. An individual who requests
advice or receives advice, including a formal or recommended formal advisory
opinion, may authorize the release to any other person, the State, or any
governmental unit of the request, the advice, or any supporting documents.
For purposes of this section, "document" is as defined in G.S. 120-129. Requests for advice, any advice, and any documents related to requests for advice are not "public records" as defined in G.S. 132-1."
SECTION 18. G.S. 143-138(b) is amended by deleting "For the information of users thereof, the Code shall include as appendices" and substituting "For the information of users thereof, the Code shall include as appendices the following:".
SECTION 19. G.S. 143-215.94H(a)(2) reads as rewritten:
the amounts required to be paid for by the owner or operator
pursuant to G.S. 143-215.94E(b) per occurrence for costs described in
G.S. 143-215.94B(b) and G.S. 143-215.94B(b1) if costs are eligible to
be paid under those subsections."
SECTION 20. G.S. 143-215.94T(c) reads as rewritten:
"(c) Rules adopted pursuant to subdivision (13) of subsection (a) of this section shall require secondary containment for all components of underground storage tank systems, including, but not limited to, tanks, piping, fittings, pump heads, and dispensers. Secondary containment requirements shall include standards for double wall tanks, piping, and fittings and for sump containment for pump heads and dispensers. The rules shall provide for monitoring of double wall interstices and sump containments. The rules shall apply to any underground storage tank system that is installed on or after the date on which the rules become effective and to the replacement of any component of an underground storage tank system on or after that date."
SECTION 21. G.S. 143-299.1A(c) reads as rewritten:
Nothing in this section shall limit the assertion of the public duty
doctrine as a defense on the part of a unit of local government or its
officers, employees, or agents. This section does not apply to a unit of
local government or its officers, employees, or agents."
SECTION 22.(a) G.S. 143B-437.63 reads as rewritten:
"§ 143B-437.63. JDIG Program cash flow requirements.
Notwithstanding any other
provision of law, grants made through the Job Development Investment Grant
Program, including amounts transferred pursuant to G.S. 143B-437.61, shall
be budgeted and funded on a cash flow basis. The Office of State Budget and
Management shall periodically transfer funds from the JDIG Reserve Fund
established pursuant to
G.S. 143-15.3EG.S. 143C-9-6 to
the Department of Commerce in an amount sufficient to satisfy grant obligations
and amounts to be transferred pursuant to G.S. 143B-437.61 to be paid
during the fiscal year."
SECTION 22.(b) If Senate Bill 509, 2009 Regular Session, becomes law, this section is repealed.
SECTION 23. G.S. 144-3 reads as rewritten:
The board of trustees or managers
of the several State institutions and public buildings shall provide a North
Carolina flag, of such dimensions and material as they may deem best, and the
same shall be displayed from a staff upon the top of each and every such
building, at all times except during inclement weather, and upon the death of
any State officer or any prominent citizen the flag shall be put at
half-staff until the burial of such person has taken place."
SECTION 24. G.S. 148-84 reads as rewritten:
"§ 148-84. Evidence; action by Industrial Commission; payment and amount of compensation.
At the hearing the claimant may introduce evidence in the form of affidavits or
testimony to support the claim, and the Attorney General may introduce counter
affidavits or testimony in refutation. If the Industrial Commission finds from
the evidence that the claimant received a pardon of innocence for the reason
that the crime was not committed at all, or was not committed by the claimant,
and that the claimant was imprisoned and has been vindicated in connection with
the alleged offense for which he or she was imprisoned, the Industrial
Commission shall award to the claimant an amount equal to fifty thousand
dollars ($50,000) for each year or the pro rata amount for the portion of each
year of the imprisonment actually served, including any time spent awaiting
trial. However, (i) in no event shall the compensation, including the
compensation provided in
subsections (b) and (c)subsection (c) of
this section, exceed a total amount of seven hundred fifty thousand dollars
($750,000), and (ii) a claimant is not entitled to compensation for any portion
of a prison sentence during which the claimant was also serving a concurrent
sentence for conviction of a crime other than the one for which the pardon of
innocence was granted.
The Director of the Budget shall pay the amount of the award to the claimant out of the Contingency and Emergency Fund, or out of any other available State funds. The Industrial Commission shall give written notice of its decision to all parties concerned. The determination of the Industrial Commission shall be subject to judicial review upon appeal of the claimant or the State according to the provisions and procedures set forth in Article 31 of Chapter 143 of the General Statutes.
In addition to the compensation provided under
subsections (a) and (b)subsection
(a) of this section, the Industrial Commission shall determine the extent
to which incarceration has deprived a claimant of educational or training
opportunities and, based upon those findings, may award the following
compensation for loss of life opportunities:
(1) Job skills training for at least one year through an appropriate State program; and
(2) Expenses for tuition and fees at any public North Carolina community college or constituent institution of The University of North Carolina for any degree or program of the claimant's choice that is available from one or more of the applicable institutions. Claimants are also entitled to assistance in meeting any admission standards or criteria required at any of those institutions, including assistance in satisfying requirements for a certificate of equivalency of completion of secondary education. A claimant may apply for aid under this subdivision within 10 years of the claimant's release from incarceration, and aid shall continue for up to a total of five years when initiated within the 10-year period, provided the claimant makes satisfactory progress in the courses or degree program in which the claimant is enrolled."
SECTION 25. G.S. 163-278.66(a) reads as rewritten:
Noncertified and Independent Expenditure Entities. Reporting by Noncertified
Candidates and Other Entities. - Any noncertified candidate with a certified
opponent shall report total contributions received to the Board by facsimile
machine or electronically within 24 hours after the total amount of
contributions received exceeds eighty percent (80%) of the trigger for matching
funds as defined in G.S. 163-278.62(18). Any entity making independent
expenditures in support of or opposition to a certified candidate or in support
of a candidate opposing a certified candidate, or paying for electioneering
communications, referring to one of those candidates, shall report the total
expenditures or payments made to the Board by facsimile machine or
electronically within 24 hours after the total amount of expenditures or
payments made for the purpose of making the independent expenditures or
electioneering communications exceeds five thousand dollars ($5,000). After the
initial 24-hour filing, the noncertified candidate or other reporting entity
shall comply with an expedited reporting schedule. The schedule and forms for
reports required by this subsection shall be supplied by the Board."
SECTION 26. G.S. 163-278.99A(a) reads as rewritten:
"(a) Reporting by Noncertified Candidates and Other Entities. - Any nonparticipating candidate with a certified opponent shall report total contributions received to the Board by facsimile machine or electronically within 24 hours after the total amount of contributions received exceeds eighty percent (80%) of the trigger for matching funds as defined in G.S. 163-278.96(17). Any entity making independent expenditures in support of or in opposition to a certified candidate, or in support of a candidate opposing a certified candidate, or paying for electioneering communications referring to one of those candidates, shall report the total funds received, spent, or obligated for those expenditures or payments to the Board by facsimile machine or electronically within 24 hours after the total amount of expenditures or obligations made, or funds raised or borrowed, for the purpose of making the independent expenditures or electioneering communications exceeds five thousand dollars ($5,000). After the initial 24-hour filing, the nonparticipating candidate or other reporting entity shall comply with an expedited reporting schedule. The schedule and forms for reports required by this subsection shall be supplied by the Board."
SECTION 27. The Revisor of Statutes shall change the word "judgement" to the word "judgment" wherever that word appears in the General Statutes, including in the following statutes: G.S. 24-11, 58-30-130, 115C-72, 122C-272, 130A-303, 160A-38, and 160A-50.
PART II. OTHER CHANGES
SECTION 28. G.S. 7A-38.6(a) reads as rewritten:
"(a) All community mediation centers currently receiving State funds shall report annually to the Mediation Network of North Carolina on the program's funding and activities, including:
(1) Types of dispute settlement services provided;
(2) Clients receiving each type of dispute settlement service;
(3) Number and type of referrals received, cases actually mediated (identified by docket number), cases resolved in mediation, and total clients served in the cases mediated;
(4) Total program funding and funding sources;
(5) Itemization of the use of funds, including operating expenses and personnel;
(6) Itemization of the use of State funds appropriated to the center;
(7) Level of volunteer activity; and
(8) Identification of future service demands and budget requirements.
The Mediation Network of North Carolina shall compile and summarize the information provided pursuant to this subsection and shall provide the information to the Chairs of the House of Representatives and Senate Appropriations Committees and the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety by February 1 of each year.
The Mediation Network of North
Carolina shall also submit a copy of its report to the Administrative Office of
the Courts. The receipt and review of this report by the Administrative Office
of the Courts shall satisfy any program monitoring, evaluation, and contracting
requirements imposed on the Administrative Office of the Courts by
Part 3 of Article 6 of Chapter 143C of the General Statutes and any
rules adopted under that section.Part."
SECTION 29. G.S. 7A-307(a) reads as rewritten:
In the administration of the estates of decedents, minors, incompetents, of
missing persons, and of trusts under wills and under powers of attorney, in
trust proceedings under
G.S. 36A-23.1, G.S. 36C-2-203, and
in collections of personal property by affidavit, the following costs shall be
(1) For the use of the courtroom and related judicial facilities, the sum of ten dollars ($10.00), to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(1a) For the upgrade, maintenance, and operation of the judicial and county courthouse phone systems, the sum of one dollar ($1.00), to be credited to the Court Information Technology Fund.
(2) For support of the General Court of Justice, the sum of fifty dollars ($50.00), plus an additional forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed six thousand dollars ($6,000). Gross estate shall include the fair market value of all personalty when received, and all proceeds from the sale of realty coming into the hands of the fiduciary, but shall not include the value of realty. In collections of personal property by affidavit, the fee based on the gross estate shall be computed from the information in the final affidavit of collection made pursuant to G.S. 28A-25-3 and shall be paid when that affidavit is filed. In all other cases, this fee shall be computed from the information reported in the inventory and shall be paid when the inventory is filed with the clerk. If additional gross estate, including income, comes into the hands of the fiduciary after the filing of the inventory, the fee for such additional value shall be assessed and paid upon the filing of any account or report disclosing such additional value. For each filing the minimum fee shall be fifteen dollars ($15.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of two dollars and five cents ($2.05) of each fifty-dollar ($50.00) General Court of Justice fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4.
(2a) Notwithstanding subdivision (2) of this subsection, the fee of forty cents (40¢) per one hundred dollars ($100.00), or major fraction, of the gross estate, not to exceed six thousand dollars ($6,000), shall not be assessed on personalty received by a trust under a will when the estate of the decedent was administered under Chapters 28 or 28A of the General Statutes. Instead, a fee of twenty dollars ($20.00) shall be assessed on the filing of each annual and final account. However, the fee shall be assessed only on newly contributed or acquired assets, all interest or other income that accrues or is earned on or with respect to any existing or newly contributed or acquired assets, and realized gains on the sale of any and all trust assets. Newly contributed or acquired assets do not include assets acquired by the sale, transfer, exchange, or otherwise of the amount of trust property on which fees were previously assessed.
(2b) Notwithstanding subdivisions (1) and (2) of this subsection, no costs shall be assessed when the estate is administered or settled pursuant to G.S. 28A-25-6.
Notwithstanding subdivision (2) of this subsection, the fee of forty cents
(40¢) per one hundred dollars ($100.00), or major fraction, of the gross estate
shall not be assessed on the gross estate of a trust that is the subject of a
G.S. 36A-23.1 G.S. 36C-2-203 if there
is no requirement in the trust that accountings be filed with the clerk.
(3) For probate of a will without qualification of a personal representative, the clerk shall assess a facilities fee as provided in subdivision (1) of this subsection and shall assess for support of the General Court of Justice, the sum of twenty dollars ($20.00).
SECTION 30.(a) G.S 15A-268(b)(3)d.3., as amended by S.L. 2009-203, reads as rewritten:
The defendant will file a motion for DNA testing pursuant to G.S. 15A-269
within 180 days of the postmark of the defendant's response to the district
attorney's written notification of the
governmental entity's custodial
agency's intent to dispose of the evidence, unless a request for extension
is requested by the defendant and agreed to by the custodial agency."
SECTION 30.(b) G.S 15A-268(f) reads as rewritten:
An order regarding the disposition of evidence pursuant to this section shall
be a final and appealable order. The defendant shall have 30 days from the
entry of the order to file notice of appeal. The
agency shall not dispose of the evidence while the appeal is pending."
SECTION 30.(c) Section 7(a) of S.L. 2009-203 reads as rewritten:
"SECTION 7.(a) The Joint Select Study Committee on the Preservation of Biological Evidence is established. The membership shall be as follows:
(1) Three members of the Senate appointed by the President Pro Tempore of the Senate.
(2) Three members of the House of Representatives appointed by the Speaker of the House of Representatives.
(3) The Attorney General or the Attorney General's designee.
(4) The Director of the SBI or the Director's designee.
(5) The Director of the Administrative Office of the Courts or the Director's designee.
The President of the
North Carolina Association of Conference of Clerks
of Superior Court or the President's designee.
(7) The President of the North Carolina Association of Chiefs of Police or the President's designee.
(8) The President of the North Carolina Sheriffs' Association or the President's designee.
(9) The President of North Carolina Advocates for Justice or the President's designee.
(10) One North Carolina district attorney appointed by the Speaker of the House of Representatives.
(11) One North Carolina district attorney appointed by the President Pro Tempore of the Senate.
(12) One public member appointed by the Speaker of the House of Representatives.
(13) One public member appointed by the President Pro Tempore of the Senate.
The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint one legislative member of the Committee to serve as cochair. The Committee shall meet upon the call of the cochairs. A quorum of the Committee shall be a majority of its members."
SECTION 31. G.S. 14-90(a)(3), as amended by S.L. 2009-348, reads as rewritten:
Who is a guardian, administrator, executor, trustee, or any receiver, or any
other fiduciary, including, but not limited to, a settlement agent, as defined
G.S. 45-3.G.S. 45A-3."
SECTION 32.(a) G.S. 18C-103(7a), as enacted by S.L. 2009-357, reads as rewritten:
"(7a) "Potential contractor" or "lottery potential contractor" means any person other than a lottery retailer who submits a bid, proposal, or offer to procure a contract for goods or services for the Commission on an ongoing basis."
SECTION 32.(b) G.S. 18C-114(a)(8), as enacted by S.L. 2009-357, reads as rewritten:
To charge a fee of
lottery potential contractors and lottery contractors
to not exceed the cost of the criminal record check of the lottery potential
contractors and lottery contractors."
SECTION 32.(c) G.S. 18C-114(a)(11)c., as enacted by S.L. 2009-357, reads as rewritten:
"c. No employee of the Commission who leaves the employment of the Commission may represent any lottery contractor, potential contractor, or retailer before the Commission for a period of one year following termination of employment with the Commission."
SECTION 32.(d) G.S. 18C-151(f), as enacted by S.L. 2009-357, reads as rewritten:
system contractor, potential contractor, or lottery supplier
may pay, give, or make any economic opportunity, gift, loan, gratuity, special
discount, favor, hospitality, or service, excluding food and beverages having
an aggregate value not exceeding one hundred dollars ($100.00) in any calendar
year, to the Director, any member or employee of the corporation, or a member
of the immediate family residing in the same household as any of these
SECTION 32.(e) G.S. 114-19.16 reads as rewritten:
"§ 114-19.16. Criminal record checks for the North Carolina State Lottery Commission and its Director.
The Department of Justice may
provide to the North Carolina State Lottery Commission and to its Director from
the State and National Repositories of Criminal Histories the criminal history
of any prospective employee of the Commission and any
vendor.potential contractor. The North Carolina State Lottery
Commission or its Director shall provide to the Department of Justice, along
with the request, the fingerprints of the prospective employee of the
Commission, or of the prospective lottery vendor,potential
contractor, a form signed by the prospective employee of the Commission, or
of the prospective vendorpotential contractor consenting to the
criminal record check and use of fingerprints and other identifying information
required by the State and National Repositories, and any additional information
required by the Department of Justice. The fingerprints of the prospective
employee of the Commission, or prospective lottery vendor,potential
contractor, shall be forwarded to the State Bureau of Investigation for a
search of the State's criminal history record file, and the State Bureau of
Investigation shall forward a set of fingerprints to the Federal Bureau of
Investigation for a national criminal history record check. The North Carolina
State Lottery Commission and its Director shall remit any fingerprint
information retained by the Commission to alcohol law enforcement agents
appointed under Article 5 of Chapter 18B of the General Statutes and shall keep
all information obtained pursuant to this section confidential. The Department
of Justice shall charge a reasonable fee only for conducting the checks of the
criminal history records authorized by this section."
SECTION 33. G.S. 20-183.2(a1) reads as rewritten:
"(a1) Safety Inspection Exceptions. - The following vehicles shall not be subject to a safety inspection pursuant to this Article:
(1) Historic vehicles, as defined in G.S. 20-79.4(b)(55).
Buses titled to a local board of education and subject to the school bus
inspection requirements specified by the State Board of Education and
G.S. 115C-248(a).G.S. 115C-248."
SECTION 34. G.S. 22A-1 reads as rewritten:
22A-1. Use of a signature facsimile by a
with a disability.
with a disability, as defined in G.S. 168A-3(4),G.S. 168A-3(7a),
may use a registered signature facsimile as a proper mark of the person's legal
signature. An example of the signature facsimile shall be registered by the handicapped
personperson with a disability with the clerk of the superior court
in the county where the person lives. The registered signature facsimile may be
revoked at any time in writing by the handicapped person.person with
SECTION 34.1. G.S. 53-244.030(20), as enacted by S.L. 2009-374, reads as rewritten:
"Mortgage lender" means a person engaged in the mortgage business as
sub-subdivision a. sub-subdivision b. of subdivision
(10) of this section. However, the definition does not include a person who
acts as a mortgage lender only in a tablefunding transaction."
SECTION 35. G.S. 58-72-50 reads as rewritten:
"§ 58-72-50. Approval, acknowledgment and custody of bonds.
The approval of all official bonds
taken or renewed by the board of commissioners shall be recorded by
clerk.the clerk to the board. Every such bond shall be acknowledged
by the parties thereto or proved by a subscribing witness, before the chairman
of the board of commissioners, or before the clerk of the superior court,
registered in the register's office in a separate book to be kept for the
registration of official bonds, and the original bond, with the approval of the
commissioners endorsed thereon and certified by their chairman, shall be
deposited with the clerk of the superior court, except the bond of said
clerk, which shall be deposited with the register of deeds,court for
safekeeping. Provided that an official bond executed as surety by a surety
company authorized to do business in this State need not be acknowledged upon
behalf of the surety when such bond is executed under seal in the name of the
surety by an agent or attorney-in-fact by authority of a power of attorney duly
recorded in the office of the register of deeds of such county and such bond
may be recorded by the register of deeds without an order of probate entered by
the clerk of the superior court."
SECTION 36. G.S. 62-133.5(h)(2) as enacted by S.L. 2009-238, reads as rewritten:
Beginning on the date that the local exchange company's election under this
subsection becomes effective, the local exchange company shall continue to
offer stand-alone basic residential lines to all customers who choose to
subscribe to that service, and the local exchange company may increase rates
for those lines annually by a percentage that does not exceed the percentage
increase over the prior year in the Gross Domestic Product Price Index as
reported by the United States
Department of Labor, Bureau of Labor
Statistics,Department of Commerce, Bureau of Economic Analysis,
unless otherwise authorized by the Commission. With the sole exception of
ensuring the local exchange company's compliance with the preceding sentence,
the Commission shall not:
a. Impose any requirements related to the terms, conditions, rates, or availability of any of the local exchange company's stand-alone basic residential lines.
b. Otherwise regulate any of the local exchange company's stand-alone basic residential lines."
SECTION 37. G.S. 115C-102.6B(b) reads as rewritten:
After presenting the plan or any proposed modifications to the plan to the
Joint Legislative Commission on Governmental Operations and the Joint
Legislative Education Oversight Committee, the Commission shall submit the plan
or any proposed modifications to (i) the State Chief Information Officer for
approval of the technical components of the plan set out in G.S. 115C-102.6A(1)
through (4), and (ii) the State Board of Education for information purposes
only. The State Board shall adopt a plan that includes the components of a plan
set out in
G.S. 115C-103.6A(1) through (16).G.S. 115C-102.6A(c)(1)
At least one-fourth of the members of any technical committee that reviews the plan for the State Chief Information Officer shall be people actively involved in primary or secondary education."
SECTION 38. G.S. 115C-324 reads as rewritten:
"§ 115C-324. Disposition of payment due employees at time of death.
In the event of the death of any
superintendent, teacher, principal, or other school employee to whom payment is
due for or in connection with services rendered by such person or to whom has been
issued any uncashed voucher for or in connection with services rendered, when
there is no administration upon the estate of such person, such voucher may be
cashed by the clerk of the superior court of the county in which such deceased
person resided, or a voucher due for such services may be made payable to such
clerk, who will treat such sums as a debt owed to the intestate under the
G.S. 28-68.G.S. 28A-25-6."
SECTION 39.(a) Article 29B of Chapter 115C of the General Statutes, as enacted by S.L. 2009-212, is recodified as Article 29C of Chapter 115C of the General Statutes.
SECTION 39.(b) G.S. 115C-407.5 through G.S. 115C-407.8, as enacted by S.L. 2009-212, are recodified as G.S. 115C-407.9 through G.S. 115C-407.12.
SECTION 40. G.S. 115C-525(c) reads as rewritten:
Liability for Failure to Perform Duties Imposed by
G.S. 115C-288G.S. 115C-288(d)
and 115C-525(a) or 115C-525(b). - Any person willfully failing to perform any
of the duties imposed by G.S. 115C-288,G.S. 115C-288(d),
115C-525(a) or 115C-525(b) shall be guilty of a Class 3 misdemeanor and shall
only be fined not more than five hundred dollars ($500.00) in the discretion of
SECTION 41. G.S. 115D-5.1 reads as rewritten:
"§ 115D-5.1. Workforce Development Programs.
(a) Community colleges shall assist in the preemployment and in-service training of employees in industry, business, agriculture, health occupation and governmental agencies. Such training shall include instruction on worker safety and health standards and practices applicable to the field of employment. The State Board of Community Colleges shall make appropriate regulations including the establishment of maximum hours of instruction which may be offered at State expense in each in-plant training program. No instructor or other employee of a community college shall engage in the normal management, supervisory and operational functions of the establishment in which the instruction is offered during the hours in which the instructor or other employee is employed for instructional or educational purposes.
(b) through (d) Repealed by Session Laws 2008-107, s. 8.7(a), effective July 1, 2008.
(e) There is created within the North Carolina Community College System the Customized Training Program. The Customized Training Program shall offer programs and training services to assist new and existing business and industry to remain productive, profitable, and within the State. Before a business or industry qualifies to receive assistance under the Customized Training Program, the President of the North Carolina Community College System shall determine that:
(1) The business is making an appreciable capital investment;
(2) The business is deploying new technology;
(2a) The business or individual is creating jobs, expanding an existing workforce, or enhancing the productivity and profitability of the operations within the State; and
(3) The skills of the workers will be enhanced by the assistance.
(f) The State Board shall report on an annual basis to the Joint Legislative Education Oversight Committee on:
The total amount of funds received by a company under the
(2) The amount of funds per trainee received by that company;
(3) The amount of funds received per trainee by the community college delivering the training;
(4) The number of trainees trained by the company and community college; and
(5) The number of years that company has been funded.
Notwithstanding any other provision of law, the State Board of Community
Colleges may adopt rules and guidelines that allow the Customized Training
and the Focused Industrial Training Program to use funds
appropriated for those programs to support training projects for the various
branches of the United States Armed Forces.
(f2) Funds available to the Customized Training Program shall not revert at the end of a fiscal year but shall remain available until expended. Up to ten percent (10%) of the college-delivered training expenditures and up to five percent (5%) of the contractor-delivered training expenditures for the prior fiscal year for Customized Training may be allotted to each college for capacity building at that college.
Of the funds appropriated in a fiscal year for the Customized Training
Programs, the State Board of Community Colleges may approve the use of up to
eight percent (8%) for the training and support of regional community college
personnel to deliver Customized
Industry Training Program services to
business and industry.
(g) The State Board shall adopt rules and policies to implement this section."
SECTION 42. G.S. 115D-5(s) reads as rewritten:
The State Board of Community Colleges may retain and budget fees charged to
students taking the General Education Development (GED) test. Fees collected
for this purpose shall be used only to (i) offset the costs of the GED test,
including the cost of scoring the test, (ii) offset the
printing GED certificates, and (iii) meet federal and State reporting
requirements related to the test."
SECTION 43. G.S. 122C-55(a6), as enacted by S.L. 2009-65, reads as rewritten:
When necessary to conduct quality assessment and improvement activities or to
coordinate appropriate and effective care, treatment, or habilitation of the
client, a DHHS primary care case manager may disclose confidential information
acquired pursuant to subsection (a1) of this section to a health care provider
or other entity that has entered into a written agreement with the Department's
Community Care of North Carolina Program, or other primary care case management
program, to participate in the care management support network and systems
developed and maintained by the primary care case manager for the purpose of
coordinating and improving the quality of care for recipients of publicly
funded health and related services. Health care providers and other entities
receiving confidential information from
a the Department's
Community Care of North Carolina Program or other primary care case management
program pursuant to this subsection may use and disclose the information as
authorized by G.S. 122C-53 through G.S. 122C-56 or as permitted or
required by other applicable State or federal law."
SECTION 43.1. G.S. 130A-128A as enacted by S.L. 2009-67 is recodified as G.S. 130A-128.1.
SECTION 43.2. G.S. 135-45.2(c)(12) reads as rewritten:
Notwithstanding the provisions of
G.S. 135-45.11G.S. 135-45.12
former employees covered by the provisions of G.S. 135-45.2 and their
spouses and eligible dependent children who were covered by the Plan at the
time of the former employees' separation from service pursuant to G.S. 135-45.2,
following expiration of the former employees' coverage provided by G.S. 135-45.2.
Election of coverage under this subdivision shall be made within 90 days after
the termination of coverage provided under G.S. 135-45.2."
SECTION 44. G.S. 136-44.50(b)(4) reads as rewritten:
The names submitted as required under
subdivision (a)(3) subdivision
(a1)(3) of this section shall be indexed in the "grantor" index
by the Register of Deeds."
SECTION 45. G.S. 138A-24(f) reads as rewritten:
The Commission shall prepare a written evaluation of each statement of economic
interest for nominees of the Board of Governors of The University of North
Carolina elected pursuant to G.S. 116-6, and nominees of the State Board
of Community Colleges elected pursuant to
G.S. 115D-2 G.S. 115D-2.1
within seven days of the submission of the completed statement of economic
interest to the Commission."
SECTION 46. Section 2 of S.L. 2009-19 reads as rewritten:
"SECTION 2. This
act is effective when it becomes law. G.S. 160A-200(b) is repealed. A
municipality newly covered by G.S. 160A-200 on account of this act may
adopt an ordinance under G.S. 160A-200 when this act becomes law, but the
ordinances may not become effective prior to October 1, 2009.
herein of any local act does not affect the rights or liabilities of a
municipality that arose during the time the act was in effect, or under an
ordinance adopted under such an act. If any municipality adopted an ordinance
under any act repealed by this act, and the ordinance would be permitted under
G.S. 160A-200, as enacted by this act, that ordinance shall remain in
effect until amended or repealed by that municipality."
SECTION 47. The title of S.L. 2009-307 is amended by deleting "FIFTEEN" and substituting "TWENTY".
SECTION 48. G.S. 53-244.040(d), as enacted by S.L. 2009-374, reads as rewritten:
"(d) The following are exempt from all provisions of this Article except the provisions of G.S. 53-244.111:
(1) Registered mortgage loan originators as defined in G.S. 53-244.030(29);
(2) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual when making the family member a residential mortgage loan;
(3) Any individual seller who offers or negotiates terms and makes a residential mortgage loan secured by the dwelling that served as the selling individual's residence;
(4) An attorney licensed pursuant to Chapter 84 of the General Statutes who negotiates the terms of a residential mortgage loan on behalf of a client in the course of and incident to the attorney's representation of the client, so long as the attorney does not hold himself out as engaged in the mortgage business and is not compensated by a mortgage lender, a mortgage broker, or other mortgage loan originator when negotiating the terms of a residential mortgage loan;
(5) Any entity described in G.S. 53-244.030(29)a., b., or c., upon acceptance of the notice of exemption filed with the Commissioner as specified in G.S. 53-244.050(g);
Any officer or employee of an entity described in subdivision (5) of this
subsection when acting within the scope of his or her employment;
A State or federally chartered credit union, upon filing of a notice of
exemption with the Administrator of the Credit Union Division of the Department
of Commerce as specified in
G.S. 53-244.050(g). G.S. 53-244.050(g);
(8) Any person who, as seller, receives in one calendar year no more than five residential mortgage loans as security for purchase money obligations, unless the United States Department of Housing and Urban Development has expressly and definitively determined that such persons are loan originators as the term is defined by §1503 of Title V of the Housing and Economic Recovery Act of 2008, Public Law 110-289, and such determination is in effect on July 31, 2010."
SECTION 48.1. If Senate Bill 40, 2009 Regular Session, becomes law, the lead-in language for Section 3.1 of that bill is amended by adding the words 'Section 1 of' before the words 'Chapter 322'.
SECTION 48.2. If Senate Bill 660, 2009 Regular Session, and Senate Bill 514, 2009 Regular Session, both become law, then G.S. 7A-292(15) as enacted by Section 2 of Senate Bill 660 is recodified as G.S. 7A-292(16).
SECTION 49. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11th day of August, 2009.
Walter H. Dalton
President of the Senate
Speaker of the House of Representatives
Beverly E. Perdue
Approved __________.m. this ______________ day of ___________________, 2009