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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S D
SENATE DRS85254-MNz-9* (05/15)
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Short Title: General Statutes Comm. Technical Corrections. |
(Public) |
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Sponsors: |
Senator Hartsell. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make technical corrections to the General Statutes, including specifically authorizing the revisor of statutes to print drafters' comments to three acts enacted in 2011 in which this authorization was inadvertently omitted, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B-1112 reads as rewritten:
"§ 7B-1112. Effects of termination order.
An order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the juvenile and of the juvenile to the parent arising from the parental relationship, except that the juvenile's right of inheritance from the juvenile's parent shall not terminate until a final order of adoption is issued. The parent is not thereafter entitled to notice of proceedings to adopt the juvenile and may not object thereto or otherwise participate therein:
(1) If the juvenile
had been placed in the custody of or released for adoption by one parent to a
county department of social services or licensed child-placing agency and is in
the custody of the agency at the time of the filing of the petition or motion,
including a petition or motion filed pursuant to G.S. 7B-1103(6) [7B-1103(a)(6)],G.S. 7B-1103(a)(6),
that agency shall, upon entry of the order terminating parental rights, acquire
all of the rights for placement of the juvenile, except as otherwise provided
in G.S. 7B-908(d), as the agency would have acquired had the parent whose
rights are terminated released the juvenile to that agency pursuant to the
provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes,
including the right to consent to the adoption of the juvenile.
…."
SECTION 2.(a) G.S. 14-208.6 reads as rewritten:
"§ 14-208.6. Definitions.
The following definitions apply in this Article:
…
(5) "Sexually violent offense" means a violation of G.S. 14-27.2 (first degree rape), G.S. 14-27.2A (rape of a child; adult offender), G.S. 14-27.3 (second degree rape), G.S. 14-27.4 (first degree sexual offense), G.S. 14-27.4A (sex offense with a child; adult offender), G.S. 14-27.5 (second degree sexual offense), G.S. 14-27.5A (sexual battery), former G.S. 14-27.6 (attempted rape or sexual offense), G.S. 14-27.7 (intercourse and sexual offense with certain victims), G.S. 14-27.7A(a) (statutory rape or sexual offense of person who is 13-, 14-, or 15-years-old where the defendant is at least six years older), G.S. 14-43.13 (subjecting or maintaining a person for sexual servitude), G.S. 14-178 (incest between near relatives), G.S. 14-190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14-190.9(a1) (felonious indecent exposure), G.S. 14-190.16 (first degree sexual exploitation of a minor), G.S. 14-190.17 (second degree sexual exploitation of a minor), G.S. 14-190.17A (third degree sexual exploitation of a minor), G.S. 14-190.18 (promoting prostitution of a minor), G.S. 14-190.19 (participating in the prostitution of a minor), G.S. 14-202.1 (taking indecent liberties with children), G.S. 14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with a student), G.S. 14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.
…."
SECTION 2.(b) G.S. 14-208.26(a) reads as rewritten:
"(a) When a juvenile is adjudicated delinquent for a violation of G.S. 14-27.2 (first degree rape), G.S. 14-27.3 (second degree rape), G.S. 14-27.4 (first degree sexual offense), G.S. 14-27.5 (second degree sexual offense), or former G.S. 14-27.6 (attempted rape or sexual offense), and the juvenile was at least eleven years of age at the time of the commission of the offense, the court shall consider whether the juvenile is a danger to the community. If the court finds that the juvenile is a danger to the community, then the court shall consider whether the juvenile should be required to register with the county sheriff in accordance with this Part. The determination as to whether the juvenile is a danger to the community and whether the juvenile shall be ordered to register shall be made by the presiding judge at the dispositional hearing. If the judge rules that the juvenile is a danger to the community and that the juvenile shall register, then an order shall be entered requiring the juvenile to register. The court's findings regarding whether the juvenile is a danger to the community and whether the juvenile shall register shall be entered into the court record. No juvenile may be required to register under this Part unless the court first finds that the juvenile is a danger to the community."
SECTION 3. G.S. 15A-101.1 reads as rewritten:
"§ 15A-101.1. Electronic technology in criminal process and procedure.
As used in this Chapter, in Chapter 7A of the General Statutes, in Chapter 15 of the General Statutes, and in all other provisions of the General Statutes that deal with criminal process or procedure:
…
(3a) "Electronic
monitoring" or "electronically monitor" or "satellite-based
monitoring" means monitoring with an electronic monitoring device that is
not removed from a person's body, that is utilized by the supervising agency in
conjunction with a Web-based computer system that actively monitors,
identifies, tracks, and records a person's location at least once every minute
24 hours a day, that has a battery life of at least 48 hours without being
recharged, that timely records and reports or records the person's presence
near or within a crime scene or prohibited area or the person's departure from
a specified geographic location, and that has incorporated into the software
the ability to automatically compare crime scene data with locations of all person's
persons being electronically monitored so as to provide any
correlation daily or in real time. In areas of the State where lack of cellular
coverage requires the use of an alternative device, the supervising agency
shall use an alternative device that works in concert with the software and
records location and tracking data for later download and crime scene
comparison.
…."
SECTION 4. G.S. 20-9(d) is repealed.
SECTION 5. G.S. 20-141(j2) reads as rewritten:
"(j2) A person who drives a motor
vehicle in a highway work zone at a speed greater than the speed limit set and
posted under this section shall be required to pay a penalty of two hundred
fifty dollars ($250.00). This penalty shall be imposed in addition to those
penalties established in this Chapter. A "highway work zone" is the
area between the first sign that informs motorists of the existence of a work
zone on a highway and the last sign that informs motorists of the end of the
work zone. The additional penalty imposed by this subsection applies only if sign
[signs]signs are posted at the beginning and end of any segment of
the highway work zone stating the penalty for speeding in that segment of the
work zone. The Secretary shall ensure that work zones shall only be posted with
penalty signs if the Secretary determines, after engineering review, that the
posting is necessary to ensure the safety of the traveling public due to a
hazardous condition.
A law enforcement officer issuing a citation for a violation of this section while in a highway work zone shall indicate the vehicle speed and speed limit posted in the segment of the work zone, and determine whether the individual committed a violation of G.S. 20-141(j1). Upon an individual's conviction of a violation of this section while in a highway work zone, the clerk of court shall report that the vehicle was in a work zone at the time of the violation, the vehicle speed, and the speed limit of the work zone to the Division of Motor Vehicles."
SECTION 6. Article 11 of Chapter 25 of the General Statutes is repealed.
SECTION 7. G.S. 28A-2-4(a)(4) reads as rewritten:
"(a) The clerks of superior court of this State, as ex officio judges of probate, shall have original jurisdiction of estate proceedings. Except as provided in subdivision (4) of this subsection, the jurisdiction of the clerk of superior court is exclusive. Estate proceedings include, but are not limited to, the following:
…
(4) Proceedings to
ascertain heirs or devisees, to approve family settlement agreements
pursuant to G.S. 28A-2-10, to determine questions of construction of
wills, to determine priority among creditors, to determine whether a person is
in possession of property belonging to an estate, to order the recovery of property
of the estate in possession of third parties, and to determine the existence or
nonexistence of any immunity, power, privilege, duty, or right. Any party or
the clerk of superior court may file a notice of transfer of a proceeding
pursuant to this subdivision to the Superior Court Division of the General
Court of Justice as provided in G.S. 28A-2-6(h). In the absence of a
transfer to superior court, Article 26 of Chapter 1 of the General Statutes
shall apply to a trust proceeding pending before the clerk of superior court to
the extent consistent with this Article.
…."
SECTION 8.(a) G.S. 28A-5-1(b) reads as rewritten:
"(b) Implied Renunciation
by Executor. - If any person named or designated as executor fails to qualify
or to renounce within 30 days after the will had been admitted to probate, (i)
the clerk of superior court may issue a notice to that person to qualify or
move for an extension of time to qualify within 15 days, or (ii) any other
person named or designated as executor in the will or any interested person may
file a petition in accordance with Article 2 of this Chapter for an order
finding that person named or designated as executor to be deemed to have
renounced. If that person does not file a response to the motion notice
or petition within 15 days from the date of service of the motion notice
or petition, the clerk of superior court shall enter an order adjudging
that the person has renounced. If the person files a response within 15 days
from the date of service of the motion notice or petition
requesting an extension of time within which to qualify or renounce, upon
hearing, the clerk of superior court may grant to that person a reasonable
extension of time within which to qualify or renounce for cause shown. If that
person qualifies within 15 days of the date of service of the motion notice
or petition, the clerk of superior court shall dismiss that motion notice
or petition, without prejudice, summarily and without hearing."
SECTION 8.(b) G.S. 28A-5-2(b)(1) reads as rewritten:
"(b) Implied Renunciation. -
(1) If any person
entitled to apply for letters of administration fails to apply therefor within
30 days from the date of death of the intestate, (i) the clerk of superior
court may issue a notice to the person to qualify or move for an extension of
time to qualify within 15 days, or (ii) any interested person may file a
petition in accordance with Article 2 of this Chapter for an order finding that
person to be deemed to have renounced. If the person does not file a response
to the notice or petition within 15 days from the date of service of the motion,notice
or petition, the clerk of superior court shall enter an order adjudging
that the person has renounced. If the person files a response within 15 days
from the date of service of the motion notice or petition requesting
an extension of time within which to qualify or renounce, upon hearing, the
clerk of superior court may grant to that person a reasonable extension of time
within which to qualify or renounce for cause shown. If the person qualifies
within 15 days of the date of service of the motion,notice or
petition, the clerk of superior court shall dismiss the motion,notice
or petition, without prejudice, summarily and without hearing and the clerk
of superior court shall issue letters to some other person as provided in
G.S. 28A-4-1. No notice shall be required to be given to any interested
person, but the clerk may give notice as the clerk in the clerk's discretion
may determine."
SECTION 9. The catch line of G.S. 30-30 reads as rewritten:
"§ 30-30. Judgment
and order for commissioners.Judgment."
SECTION 10. G.S. 44A-24.2 reads as rewritten:
"§ 44A-24.2. Definitions.
The following definitions apply in this Part:
…
(3) Commercial real estate. - Any real property or interest therein, whether freehold or nonfreehold, which at the time the property or interest is made the subject of an agreement for broker services:
a. Is lawfully used primarily for sales, office, research, institutional, warehouse, manufacturing, industrial, or mining purposes or for multifamily residential purposes involving five or more dwelling units;
b. May
lawfully be used for any of the purposes listed in subdivision (3) [sub-subdivision
(3)a.]sub-subdivision (3)a. of this section by a zoning ordinance
adopted pursuant to the provisions of Article 18 of Chapter 153A or Article 19
of Chapter 160A of the General Statutes or which is the subject of an official
application or petition to amend the applicable zoning ordinance to permit any
of the uses listed in subdivision (3) [sub-subdivision (3)a.]sub-subdivision
(3)a. of this section which is under consideration by the government agency
with authority to approve the amendment; or
c. Is in good
faith intended to be immediately used for any of the purposes listed in subdivision
(3) [sub-subdivision (3)a.]sub-subdivision (3)a. of this section by
the parties to any contract, lease, option, or offer to make any contract,
lease, or option.
…."
SECTION 11. G.S. 62-36A is recodified as G.S. 62-36.1.
SECTION 12. G.S. 101-5(f) reads as rewritten:
"(f) If the clerk
finds that good and sufficient reasons exist to deny the applicant's request
for a name change, it is the clerk's duty not to issue an order changing the name
of the applicant from that person's true name to the name sought to be adopted.
The order denying the name change shall state the reasons for the denial. If
the applicant desires to appeal the clerk's decision, the applicant must
petition the chief resident superior court judge within 30 days of the date of
the order denying the name change to request a reconsideration of the
application. The reconsideration decision of the chief resident superior court
judge is final and not subject to appeal. An unsuccessful applicant on
reconsideration is subject to a waiting period of 12 months from the date [of]of
the adverse decision of the chief resident superior court judge before the
applicant may submit another name change application. A successful applicant on
reconsideration shall be granted the name change by the clerk in like manner as
prescribed by subsection (d) of this section."
SECTION 13.(a) The catch line of G.S. 105-187.70 reads as rewritten:
"§ 105-187.70.
(Effective July 1, 2013) Department to comply with Article 4Article 3
of Chapter 62A of the General Statutes."
SECTION 13.(b) This section is effective when G.S. 105-187.70 becomes effective.
SECTION 14.(a) G.S. 120-30.9F reads as rewritten:
"§ 120-30.9F. Municipalities; municipal attorney.
The municipal attorney of any municipality covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days:
(1) Of the time they become laws, any local acts of the General Assembly; and
(2) Of adoption
actions of the municipal governing body or board of elections or any
other municipal agency or county board of elections which constitutes a
"change affecting voting" under Section 5 of the Voting Rights Act of
1965 in that municipality; provided that, if required or allowed by regulations
or practices of the United States Department of Justice, a municipal attorney
may delay submission of any annexation ordinance or group of ordinances until
all previously submitted annexation ordinances have been precleared or
otherwise received final disposition."
SECTION 14.(b) G.S. 163-304 reads as rewritten:
"§ 163-304. State Board of Elections to have jurisdiction over municipal elections and election officials, and to advise; emergency and ongoing administration by county board.
(a) Authority and
Duty of State Board. - The State Board of Elections shall have the same
authority over municipal elections and election officials as it has over
county and State elections and election officials.elections. The
State Board of Elections shall advise and assist cities, towns, incorporated
villages and special districts, their members and legal officers on the conduct
and administration of their elections and registration procedure.
The county boards of elections shall be governed by the same rules for settling controversies with respect to counting ballots or certification of the returns of the vote in any municipal or special district election as are in effect for settling such controversies in county and State elections.
(b) through (e) Repealed by Session Laws 2011-31, s. 25, effective April 7, 2011."
SECTION 15. G.S. 122A-3 reads as rewritten:
"§ 122A-3. Definitions.
The following definitions apply in this section:Chapter:
(1) Agency. - The North Carolina Housing Finance Agency created by this Chapter.
(2) Bonds or notes. - The bonds or the bond anticipation notes or construction loan notes authorized to be issued by the Agency under this Chapter.
(3) Counseling agency. - A nonprofit counseling agency located in North Carolina that is approved by the North Carolina Housing Finance Agency.
(4) Energy conservation loan. - A loan obtained from a mortgage lender for the purpose of satisfying an existing obligation of a borrower who is the resident owner of a single-family dwelling or of "residential housing." The existing obligation of the owner in an "energy conservation loan" must have been incurred to pay for the purchase of materials or the installation of materials, or both, which results in a significant decrease in the amount of consumption of nonrenewable sources of energy in order to provide or maintain a comfortable level of room temperatures in his residence during the winter. "Energy conservation loan" does not include a loan obtained to refinance an existing loan agreement unless payment or collection of the original loan was guaranteed by the Agency.
(5) Federally insured securities. - An evidence of indebtedness secured by a first mortgage lien on residential housing for persons of lower income and insured or guaranteed as to repayment of principal and interest by the United States or any agency or instrumentality thereof.
(6) Governmental agency. - Any department, division, public agency, political subdivision, or other public instrumentality of the State, the federal government, any other State or public agency, or any two or more thereof.
(7) Mortgage or mortgage loan. - A mortgage loan for residential housing, including, without limitation, a mortgage loan to finance, either temporarily or permanently, the construction, rehabilitation, improvement, or acquisition and rehabilitation or improvement of residential housing and a mortgage loan insured or guaranteed by the United States or an instrumentality thereof or for which there is a commitment by the United States or an instrumentality thereof to insure such a mortgage. A mortgage obligation may be evidenced by a security document and secured by a lien upon real property, including a deed of trust and land sale agreement. Mortgage also means an obligation evidenced by a security lien on real property upon which an owner-occupied mobile home is located.
(8) Mortgage lenders. - Any bank or trust company, savings bank, national banking association, savings and loan association, or building and loan association, life insurance company, mortgage banking company, the federal government, and any other financial institution authorized to transact business in the State.
(9) Mortgagee. - The owner of a beneficial interest in a mortgage loan, the servicer for the owner of a beneficial interest in a mortgage loan, or the trustee for a securitized trust that holds title to a beneficial interest in a mortgage loan.
(10) Obligations. - Any bonds or bond anticipation notes authorized to be issued by the Agency under the provisions of this Chapter.
(11) Persons and families of lower income. - Persons and families deemed by the Agency to require such assistance as is made available by this Chapter on account of insufficient personal or family income, taking into consideration, without limitation, (i) the amount of the total income of such persons and families available for housing needs, (ii) the size of the family, (iii) the cost and condition of housing facilities available, (iv) the eligibility of such persons and families for federal housing assistance of any type predicated upon a lower-income basis, and (v) the ability of such persons and families to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing and deemed by the Agency therefore to be eligible to occupy residential housing financed wholly or in part, with mortgages, or with other public or private assistance.
(12) Rehabilitation. - The renovation or improvement of residential housing by the owner of said residential housing.
(13) Residential housing. - A specific work or improvement undertaken primarily to provide dwelling accommodations for persons and families of lower income, including the rehabilitation of buildings and improvements, and such other nonhousing facilities as may be incidental or appurtenant thereto.
(14) State. - The State of North Carolina."
SECTION 16. G.S. 130A-40.1(b) reads as rewritten:
"(b) The Secretary of Health and Human Services may approve only one request under subsection (a) of this section, this section being designed as a pilot program concerning alternative qualifications for a local health director. The Secretary of Health and Human Services shall report any approval under this section to the Joint Legislative Oversight Committee on Health and Human Services."
SECTION 17. G.S. 130A-309.1(e) reads as rewritten:
"(e) No person shall
distribute, sell, or offer for sale in this State any rigid plastic container,
including a plastic beverage container container, unless the
container has a molded label indicating the plastic resin used to produce the
container. The code shall consist of a number placed within three triangulated
arrows and letters placed below the triangulated arrows. The three arrows shall
form an equilateral triangle with the common point of each line forming each
angle of the triangle at the midpoint of each arrow and rounded with a short
radius. The arrowhead of each arrow shall be at the midpoint of each side of
the triangle with a short gap separating the arrowhead from the base of the
adjacent arrow. The triangle formed by the three arrows curved at their
midpoints shall depict a clockwise path around the code number. The label shall
appear on or near the bottom of the container and be clearly visible. A
container having a capacity of less than eight fluid ounces or more than five
gallons is exempt from the requirements of this subsection. The numbers and
letters shall be as follows:
(1) For polyethylene terephthalate, the letters "PETE" and the number 1.
(2) For high density polyethylene, the letters "HDPE" and the number 2.
(3) For vinyl, the letter "V" and the number 3.
(4) For low density polyethylene, the letters "LDPE" and the number 4.
(5) For polypropylene, the letters "PP" and the number 5.
(6) For polystyrene, the letters "PS" and the number 6.
(7) For any other, the letters "OTHER" and the number 7."
SECTION 18. G.S. 131E-129(a)(1b) reads as rewritten:
"(a) Violation Classification and Penalties. - The Department of Health and Human Services shall impose an administrative penalty in accordance with provisions of this Article on any facility which is found to be in violation of the requirements of G.S. 131E-117 or applicable State and federal laws and regulations. Citations for violations shall be classified and penalties assessed according to the nature of the violation as follows:
…
(1b) "Past Corrected Type A1 or Type A2 Violation" means either (i) the violation was not previously identified by the Department or its authorized representative or (ii) the violation was discovered by the facility and was self reported, but in either case the violation has been corrected. In determining whether a penalty should be assessed under this section, the Department shall consider the following factors:
a. Preventive systems in place prior to the violation.
b. Whether the
violation or violations were abated immediately. and
c. Whether the facility implemented corrective measures to achieve and maintain compliance.
d. Whether the facility's system to ensure compliance is maintained and continues to be implemented.
e. Whether the regulatory area remains in compliance.
…."
SECTION 19. G.S. 135-48.27 reads as rewritten:
"§ 135-48.27. Reports to the General Assembly; General Assembly access to information.
In addition to the reports required by G.S. 135-48.22(d),G.S. 135-48.23(d),
the State Treasurer, the Executive Administrator, and Board of Trustees shall
report to the General Assembly at such times and in such forms as shall be
designated by the President Pro Tempore of the Senate and the Speaker of the
House of Representatives. Employees of the Legislative Services Commission
designated by the Legislative Services Officer (i) shall have access to all
records related to the Plan of the State Treasurer, the Board of Trustees, the
Executive Administrator, the Claims Processor, and the Plan and (ii) shall be
entitled to attend all meetings, including executive sessions, of the Board of
Trustees."
SECTION 20. G.S. 135-48.44 reads as rewritten:
"§ 135-48.44. Cessation of coverage.
(a) Coverage under this Plan of an employee and his or her surviving spouse or eligible dependent children or of a retired employee and his or her surviving spouse or eligible dependent children shall cease on the earliest of the following dates:
…
(2) The last day of
the month in which an employee's employment with the State is terminated as
provided in subsection (c)subsection (d) of this section.
…
(c) Coverage under the Plan as a surviving dependent child whether covered as a dependent of a surviving spouse, or as an individual member (no living parent), ceases when the child ceases to be a dependent child as defined by G.S. 135-48.1, except coverage may continue under the Plan on a fully contributory basis for a period of not more than 36 months after loss of dependent status.
(d) Termination of employment shall mean termination for any reason, including layoff and leave of absence, except as provided in subdivisions (a)(1) and (2) of this section, but shall not, for purposes of this Plan, include retirement upon which the employee is granted an immediate service or disability pension under and pursuant to a State-supported Retirement System.
(1) In the event of termination for any reason other than death, coverage under the Plan for an employee and his or her eligible spouse or dependent children, provided the eligible spouse or dependent children were covered under the Plan at termination of employment may be continued for a period of not more than 18 months following termination of employment on a fully contributory basis. Employees who were covered under the Plan at termination of employment may be continued for a period of not more than 18 months or 29 months if determined to be disabled under the Social Security Act, Title II, OASDI or Title XVI, SSI.
(2) In the event of approved leave of absence without pay, other than for active duty in the Armed Forces of the United States, coverage under this Plan for an employee and his or her dependents may be continued during the period of such leave of absence by the employee's paying one hundred percent (100%) of the cost.
(3) If employment is terminated in the second half of a calendar month and the covered individual has made the required contribution for any coverage in the following month, that coverage will be continued to the end of the calendar month following the month in which employment was terminated.
(4) Employees paid for less than 12 months in a year, who are terminated at the end of the work year and who have made contributions for the non-work months, will continue to be covered to the end of the period for which they have made contributions, with the understanding that if they are not employed by another State-covered employer under this Plan at the beginning of the next work year, the employee will refund to the ex-employer the amount of the employer's cost paid for them during the non-paycheck months.
(5) Any employee receiving benefits pursuant to Article 6 of this Chapter when the employee has less than five years of retirement membership service, or an employee on leave of absence without pay due to illness or injury for up to 12 months, is entitled to continued coverage under the Plan for the employee and any eligible dependents by the employee's paying one hundred percent (100%) of the cost.
…."
SECTION 21. G.S. 135-48.50(1) and (5) read as rewritten:
"§ 135-48.50. Coverage mandates.
The Plan shall provide coverage subject to the following coverage mandates:
(1) Abortion
coverage. - The Plan shall not provide coverage for abortions for which State
funds could not be used under G.S. 143C-6-5.5. The Plan shall, however,
provide coverage for subsequent complications or related charges arising from
an abortion not covered under this subdivision. Reserved.
…
(5) Reserved.
…."
SECTION 22. G.S. 143C-3-5 reads as rewritten:
"§ 143C-3-5. Budget recommendations and budget message.
…
(b) Odd-Numbered Fiscal Years. - In odd-numbered years the budget recommendations shall include the following components:
…
(3) A Current
Operations Appropriation Appropriations Act that makes
appropriations for each fiscal year of the upcoming biennium for the operating
expenses of all State agencies as contained in the Recommended State Budget,
together with a Capital Improvements Appropriations Act that authorizes any
capital improvements projects.
(4) The biennial
State Information Technology Plan as outlined in G.S. 147-33-72B G.S. 147-33.72B
to be consistent in facilitating the goals outlined in the Recommended
State Budget.
…
(d) Funds Included
in Budget. - Consistent with requirements of the North Carolina Constitution,
Article 5, Section 7(a),Section 7(1), the Governor's Recommended
State Budget, together with the Budget Support Document, shall include
recommended expenditures of State funds from all Governmental and Proprietary
Funds, as those funds are described in G.S. 143C-1-3. Except where
provided otherwise by federal law, funds received from the federal government
become State funds when deposited in the State treasury and shall be classified
and accounted for in the Governor's budget recommendations no differently than
funds from other sources.
…."
SECTION 23. G.S. 153A-155(g) reads as rewritten:
"(g) Applicability. -
Subsection (c) of this section applies to all counties and county districts
that levy an occupancy tax. To the extent subsection (c) conflicts with any
provision of a local act, subsection (c) supersedes that provision. The
remainder of this section applies only to Alleghany, Anson, Brunswick,
Buncombe, Burke, Cabarrus, Camden, Carteret, Caswell, Chatham, Cherokee,
Chowan, Clay, Craven, Cumberland, Currituck, Dare, Davie, Duplin, Durham,
Forsyth, Franklin, Granville, Halifax, Haywood, Jackson, Madison, Martin,
McDowell, Montgomery, Moore, Nash, New Hanover, New Hanover County District
U, Northampton, Pasquotank, Pender, Perquimans, Person, Randolph, Richmond,
Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Swain, Transylvania,
Tyrrell, Vance, Washington, and Wilson Counties, to New Hanover County
District U, to Surry County District S, to Watauga County District U, to
Wilkes County District K, to Yadkin County District Y, and to the Township of
Averasboro in Harnett County and the Ocracoke Township Taxing
District."
SECTION 24. G.S. 159-175.10 reads as rewritten:
"§ 159-175.10. Additional requirements for review of city financing application; communications service.
The Commission shall apply additional requirements to an
application for financing by a city or a joint agency under Part 1 of Article
20 of Chapter 160A of the General Statutes for the construction, operation,
expansion, or repair of a communications system or other infrastructure for the
purpose of offering communications service, as that term is defined in G.S. 160A-340(2)
[160A-340(3)],G.S. 160A-340(3), that is or will be competitive
with communications service offered by a private communications service
provider. This section does not apply to the repair, rebuilding, replacement,
or improvement of an existing communications network, or equipment relating
thereto, but does apply to the expansion of such existing network. The
additional requirements are the following:
(1) Prior to submitting an application to the Commission, a city or joint agency shall comply with the provisions of G.S. 160A-340.3 requiring at least two public hearings on the proposed communications service project and notice of the hearings to private communications service providers who have requested notice.
(2) At the same time the application is submitted to the Commission, the city or joint agency shall serve a copy of the application on each person that provides competitive communications service within the city's jurisdictional boundaries or in areas adjacent to the city. No hearing on the application shall be heard by the Commission until at least 60 days after the application is submitted to the Commission.
(3) Upon the request of a communications service provider, the Commission shall accept written and oral comments from competitive private communications service providers in connection with any hearing or other review of the application.
(4) In considering the probable net revenues of the proposed communications service project, the Commission shall consider and make written findings on the reasonableness of the city or joint agency's revenue projections in light of the current and projected competitive environment for the services to be provided, taking into consideration the potential impact of technological innovation and change on the proposed service offerings and the level of demonstrated community support for the project.
(5) The city or joint agency making the application to the Commission shall bear the burden of persuasion with respect to subdivisions (1) through (4) of this section."
SECTION 25. Section 25 of S.L. 2011-284 is repealed.
SECTION 26. The introductory language of Section 12(b) of S.L. 2011-326 reads as rewritten:
"SECTION 12.(b) G.S. 7B-1110.1(a)G.S. 7B-1101.1(a)
reads as rewritten:"
SECTION 27. The Revisor of Statutes may cause to be printed all explanatory comments of the drafters of S.L. 2011-341 as the Revisor deems appropriate.
SECTION 28. The Revisor of Statutes may cause to be printed all explanatory comments of the drafters of S.L. 2011-339 and S.L. 2011-344 as the Revisor deems appropriate.
SECTION 29. Except where otherwise provided, this act is effective when it becomes law.