GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 847*
Rules and Operations of the Senate Committee Substitute Adopted 6/27/12
Short Title: GSC Technical Corrections/Other Changes. |
(Public) |
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Sponsors: |
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Referred to: |
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May 22, 2012
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, and to make other AMENDMENTS.
The General Assembly of North Carolina enacts:
PART I. General Statutes Commission Technical Corrections
SECTION 1.(a) The intent of this section is to codify the permanent reductions to the minimum number of magistrates in various counties and the number of full-time assistant district attorneys in certain prosecutorial districts that have been made by the Administrative Office of the Courts pursuant to Section 15.14 of S.L. 2010-31, as added by Section 6.4 of S.L. 2010-123, to the end that the General Statutes reflect the actual authorized numbers of magistrates and assistant district attorneys.
SECTION 1.(b) G.S. 7A-60(a1) reads as rewritten:
"(a1) (See Editor's note for staffing changes) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial Asst. District
District Counties Attorneys
1 Camden, Chowan, Currituck, 11
Dare, Gates, Pasquotank,
Perquimans
2 Beaufort, Hyde, Martin, 8
Tyrrell, Washington
3A Pitt 11
3B Carteret, Craven, Pamlico 12
4 Duplin, Jones, Onslow, 18
Sampson
5 New Hanover, Pender 18
6A Halifax 5
6B
Bertie,
Hertford,
65
Northampton
7
Edgecombe, Nash, Wilson
1918
8 Greene, Lenoir, Wayne 14
9
Franklin, Granville,
1210
Vance, Warren
9A Person, Caswell 6
10
Wake
4241
11A Harnett, Lee 9
11B Johnston 10
12 Cumberland 23
13 Bladen, Brunswick, Columbus 13
14 Durham 18
15A Alamance 11
15B Orange, Chatham 10
16A Scotland, Hoke 7
16B
Robeson
1312
17A Rockingham 7
17B Stokes, Surry 8
18 Guilford 32
19A Cabarrus 9
19B
Montgomery,
Randolph
109
19C Rowan 8
19D Moore 5
20A
Anson,
Richmond,
1211
Stanly
20B Union 10
21 Forsyth 25
22A Alexander, Iredell 11
22B Davidson, Davie 11
23 Alleghany, Ashe, Wilkes, 8
Yadkin
24 Avery, Madison, Mitchell, 7
Watauga, Yancey
25
Burke, Caldwell, Catawba
1918
26 Mecklenburg 58
27A
Gaston
1514
27B Cleveland, 11
Lincoln
28 Buncombe 14
29A McDowell, Rutherford 7
29B Henderson, Polk, Transylvania 8
30
Cherokee, Clay,
Graham,
1110
Haywood, Jackson, Macon,
Swain."
SECTION 1.(c) G.S. 7A-133(c) reads as rewritten:
"(c) Each county shall have the numbers of magistrates and additional seats of district court, as set forth in the following table:
____________________________________________________________________________
Additional
Magistrates Seats of
County Min. Court
Camden 3
Chowan 3
Currituck 4
Dare 6
Gates 2
Pasquotank
54
Perquimans 3
Martin 4
Beaufort
5.055
Tyrrell 3
Hyde 3.5
Washington
43
Pitt 10.5 Farmville
Ayden
Craven
108
Havelock
Pamlico 3
Carteret
97
Sampson
76
Duplin
84
Jones 2
Onslow 11
New Hanover 11
Pender
4.83.8
Halifax
127
Roanoke
Rapids,
Scotland Neck
Northampton 5.25
Bertie
53
Hertford
65
Nash 9 Rocky Mount
Edgecombe 7 Rocky Mount
Wilson 7
Wayne 9 Mount Olive
Greene 4
Lenoir 7 La Grange
Granville
76.75
Vance 6
Warren 3.5
Franklin 7
Person 4
Caswell
43
Wake 18.5 Apex,
Wendell,
Fuquay-
Varina,
Wake Forest
Harnett
108
Dunn
Johnston
1110
Benson,
Clayton,
Selma
Lee
5.55
Cumberland 19
Bladen
54
Brunswick 9
Columbus
9.57.5
Tabor City
Durham 13
Alamance 12 Burlington
Orange
97
Chapel Hill
Chatham
64
Siler City
Scotland 5
Hoke
53
Robeson
1513
Fairmont,
Maxton,
Pembroke,
Red Springs,
Rowland,
St. Pauls
Rockingham
97
Reidsville,
Eden,
Madison
Stokes 5
Surry 9 Mt. Airy
Guilford 24.4 High Point
Cabarrus 9 Kannapolis
Montgomery
54
Randolph
109
Liberty
Rowan 9
Stanly
65
Union 7
Anson
54
Richmond
65
Hamlet
Moore
6.55
Southern
Pines
Forsyth 15 Kernersville
Alexander 4
Davidson
108
Thomasville
Davie
43
Iredell 9 Mooresville
Alleghany 2
Ashe
43
Wilkes 6
Yadkin
43
Avery 4
Madison 4
Mitchell 4
Watauga
54
Yancey 3
Burke
6.755.6
Caldwell
76
Catawba 10 Hickory
Mecklenburg 26.50
Gaston 17
Cleveland
87
Lincoln 6
Buncombe 15
Henderson 6.5
McDowell
4.54
Polk 4
Rutherford
76
Transylvania 4
Cherokee 4
Clay 2
Graham 2
Haywood
6.756
Canton
Jackson
54
Macon 3.5
Swain
3.753"
SECTION 1.(d) Effective January 1, 2013, G.S. 7A-133(c), as amended by subsection (c) of this section, reads as rewritten:
"(c) Each county shall have the numbers of magistrates and additional seats of district court, as set forth in the following table:
____________________________________________________________________________ Additional
Magistrates Seats of
County Min._________________ Court
Camden 3
Chowan 3
Currituck
43
Dare
64
Gates 2
Pasquotank 4
Perquimans 3
Martin
43
Beaufort
54
Tyrrell 3
Hyde 3.5
Washington 3
Pitt 10.5 Farmville
Ayden
Craven 8 Havelock
Pamlico 3
Carteret
76
Sampson
65
Duplin 4
Jones 2
Onslow 11
New Hanover 11
Pender 3.8
Halifax 7 Roanoke
Rapids,
Scotland Neck
Northampton
5.253
Bertie 3
Hertford
53
Nash 9 Rocky Mount
Edgecombe 7 Rocky Mount
Wilson 7
Wayne 9 Mount Olive
Greene
43
Lenoir 7 La Grange
Granville
6.755
Vance 6
Warren
3.53
Franklin
74
Person 4
Caswell 3
Wake 18.5 Apex,
Wendell,
Fuquay-
Varina,
Wake Forest
Harnett 8 Dunn
Johnston 10 Benson,
Clayton,
Selma
Lee 5
Cumberland 19
Bladen
43
Brunswick
98
Columbus
7.55
Tabor City
Durham 13
Alamance 12 Burlington
Orange 7 Chapel Hill
Chatham 4 Siler City
Scotland 5
Hoke 3
Robeson
1312
Fairmont,
Maxton,
Pembroke,
Red Springs,
Rowland,
St. Pauls
Rockingham 7 Reidsville,
Eden,
Madison
Stokes
53
Surry
96
Mt. Airy
Guilford 24.4 High Point
Cabarrus 9 Kannapolis
Montgomery
43
Randolph 9 Liberty
Rowan 9
Stanly 5
Union 7
Anson
43
Richmond 5 Hamlet
Moore 5 Southern
Pines
Forsyth 15 Kernersville
Alexander
43
Davidson 8 Thomasville
Davie 3
Iredell 9 Mooresville
Alleghany 2
Ashe 3
Wilkes 6
Yadkin 3
Avery
43
Madison
43
Mitchell
43
Watauga 4
Yancey 3
Burke 5.6
Caldwell 6
Catawba 10 Hickory
Mecklenburg 26.50
Gaston 17
Cleveland 7
Lincoln
65
Buncombe 15
Henderson 6.5
McDowell
43
Polk
43
Rutherford 6
Transylvania
43
Cherokee
43
Clay 2
Graham 2
Haywood
65
Canton
Jackson
43
Macon
3.53
Swain 3"
SECTION 1.(e) Subsection (d) of this section is effective January 1, 2013. The remainder of this section is effective when it becomes law.
SECTION 2. 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),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 3. G.S. 7B-4002 reads as rewritten:
"§ 7B-4002. Implementation of the Compact.
(a) The North
Carolina State Council for Interstate Juvenile Supervision is hereby
established. The Secretary of the Department of Juvenile Justice and
Delinquency Prevention, Secretary of Public Safety, or the
Secretary's designee, shall serve as the Compact Administrator for the State of
North Carolina and as North Carolina's Commissioner to the Interstate
Commission. The Secretary of the Department of Juvenile Justice and
Delinquency Prevention, Secretary of Public Safety, or the
Secretary's designee, is a member of the State Council and serves as
chairperson of the State Council. In addition to the chairperson, the State
Council shall consist of 10 members as follows:
(1) One member representing the executive branch, to be appointed by the Governor;
(2) One member from a victim's assistance group, to be appointed by the Governor;
(3) One at-large member, to be appointed by the Governor;
(4) One member of the Senate, to be appointed by the President Pro Tempore of the Senate;
(5) One member of the House of Representatives, to be appointed by the Speaker of the House of Representatives;
(6) A district court judge, to be appointed by the Chief Justice of the Supreme Court; and
(7) Four members
representing the juvenile court counselors, to be appointed by the Secretary
of the Department of Juvenile Justice and Delinquency Prevention.
Secretary of Public Safety.
(b) The State Council shall meet at least twice a year and may also hold special meetings at the call of the chairperson. All terms are for three years.
(c) The State Council may advise the Compact Administrator on participation in the Interstate Commission activities and administration of the Compact.
(d) The members of the State Council shall serve without compensation but shall be reimbursed for necessary travel and subsistence expenses in accordance with the policies of the Office of State Budget and Management.
(e) The State Council
shall act in an advisory capacity to the Secretary of the Department of
Juvenile Justice and Delinquency Prevention Secretary of Public Safety concerning
this State's participation in Interstate Commission activities and other duties
as may be determined by each member state, including recommendations for policy
concerning the operations and procedures of the Compact within this State.
(f) The Governor shall by executive order provide for any other matters necessary for implementation of the Compact at the time that it becomes effective, and, except as otherwise provided for in this section, the State Council may promulgate rules or regulations necessary to implement and administer the Compact."
SECTION 4.(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 4.(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 5.(a) G.S. 15-196.3 reads as rewritten:
"§ 15-196.3. Effect of credit.
Time creditable under this section shall reduce the minimum
and maximum term of a sentence; and, irrespective of sentence, shall reduce the
time required to attain privileges made available to inmates in the custody of
the State Division of Adult Correction of the Department of Public
Safety which are dependent, in whole or in part, upon the passage of a specific
length of time in custody, including parole or post-release supervision
consideration by the Post-Release Supervision and Parole Commission. However,
nothing in this section shall be construed as requiring an automatic award of
privileges by virtue of the passage of time."
SECTION 5.(b) G.S. 15A-821(a) reads as rewritten:
"(a) If a judge of a
court of general jurisdiction in any other state, which by its laws has made
provision for commanding a prisoner within that state to attend and testify in
this State, certifies under the seal of that court that there is a criminal
prosecution pending in the court or that a grand jury investigation has
commenced, and that a person confined in an institution under the control of
the State Division of Adult Correction of the Department of Public
Safety of North Carolina, other than a person confined as criminally insane, is
a material witness in the prosecution or investigation and that his presence is
required for a specified number of days, upon presentment of the certificate to
a superior court judge in the superior court district or set of districts as
defined in G.S. 7A-41.1 where the person is confined, upon notice to the
Attorney General, the judge must fix a time and place for a hearing and order
the person having custody of the prisoner to produce him at the hearing."
SECTION 5.(c) G.S. 66-58(b) reads as rewritten:
"(b) The provisions of subsection (a) of this section shall not apply to:
…
(15) The State Division
of Adult Correction of the Department of Public Safety is authorized to
purchase and install automobile license tag plant equipment for the purpose of
manufacturing license tags for the State and local governments and for such
other purposes as the Division may direct.
The Commissioner of Motor Vehicles,
or such other authority as may exercise the authority to purchase automobile
license tags is hereby directed to purchase from, and to contract with, the State
Division of Adult Correction of the Department of Public Safety for the
State automobile license tag requirements from year to year.
The price to be paid to the State
Division of Adult Correction of the Department of Public Safety for the
tags shall be fixed and agreed upon by the Governor, the State Division
of Adult Correction of the Department of Public Safety, and the Motor Vehicle
Commissioner, or such authority as may be authorized to purchase the supplies.
…."
SECTION 5.(d) G.S. 148-6 reads as rewritten:
"§ 148-6. Custody, employment and hiring out of convicts.
The State Division of Adult Correction of the
Department of Public Safety shall provide for receiving, and keeping in custody
until discharged by law, all such convicts as may be now confined in the prison
and such as may be hereafter sentenced to imprisonment therein by the several
courts of this State. The Division shall have full power and authority to
provide for employment of such convicts, either in the prison or on farms
leased or owned by the State of North Carolina, or elsewhere, or otherwise; and
may contract for the hire or employment of any able-bodied convicts upon such
terms as may be just and fair, but such convicts so hired, or employed, shall
remain under the actual management, control and care of the
Division."
SECTION 5.(e) This section is repealed if any of the following bills become law: House Bill 969, 2011 Regular Session, Senate Bill 880, 2011 Regular Session, or Senate Bill 881, 2011 Regular Session.
SECTION 6. 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 7.(a) G.S. 15A-1344(c) reads as rewritten:
"(c) Procedure on
Altering or Revoking Probation; Returning Probationer to District Where
Sentenced. - When a judge reduces, terminates, extends, modifies, or revokes
probation outside the county where the judgment was entered, the clerk must
send a copy of the order and any other records to the court where probation was
originally imposed. A court on its own motion may return the probationer to the
district court district as defined in G.S. 7A-133 or superior court district
or set of districts as defined in G.S. 7A-41.1, as the case may be, where
probation was imposed or where the probationer resides for reduction,
termination, continuation, extension, modification, or revocation of probation.
In cases where the probation is revoked in a county other than the county of
original conviction the clerk in that county must issue a commitment order and
must file the order revoking probation and the commitment order, which will
constitute sufficient permanent record of the proceeding in that court, and
must send a certified copy of the order revoking probation, the commitment
order, and all other records pertaining thereto to the county of original
conviction to be filed with the original records. The clerk in the county other
than the county of original conviction must issue the formal commitment to the North
Carolina Division of Adult Correction of the Department of Public
Safety."
SECTION 7.(b) G.S. 15A-1344(d) and (e) read as rewritten:
"(d) Extension and
Modification; Response to Violations. - At any time prior to the expiration or
termination of the probation period or in accordance with subsection (f) of
this section, the court may after notice and hearing and for good cause shown
extend the period of probation up to the maximum allowed under G.S. 15A-1342(a)
and may modify the conditions of probation. A hearing extending or modifying
probation may be held in the absence of the defendant, if hea
defendant who fails to appear for the hearing after a reasonable effort to
notify him.the defendant. If a probationer violates a condition
of probation at any time prior to the expiration or termination of the period
of probation, the court, in accordance with the provisions of G.S. 15A-1345,
may continue him the defendant on probation, with or without
modifying the conditions, may place the defendant on special probation as
provided in subsection (e), or, if continuation, modification, or special
probation is not appropriate, may revoke the probation and activate the suspended
sentence imposed at the time of initial sentencing, if any, or may order that
charges as to which prosecution has been deferred be brought to trial; provided
that probation may not be revoked solely for conviction of a Class 3
misdemeanor. The court, before activating a sentence to imprisonment
established when the defendant was placed on probation, may reduce the
sentence, but the reduction shall be consistent with subsection (d1) of this
section. A sentence activated upon revocation of probation commences on the day
probation is revoked and runs concurrently with any other period of probation,
parole, or imprisonment to which the defendant is subject during that period
unless the revoking judge specifies that it is to run consecutively with the
other period.
(e) Special
Probation in Response to Violation. - When a defendant has violated a condition
of probation, the court may modify his the probation to place him
the defendant on special probation as provided in this subsection.
In placing him the defendant on special probation, the court may
continue or modify the conditions of his probation and in addition
require that he the defendant submit to a period or periods of
imprisonment, either continuous or noncontinuous, at whatever time or intervals
within the period of probation the court determines. In addition to any other
conditions of probation which the court may impose, the court shall impose,
when imposing a period or periods of imprisonment as a condition of special
probation, the condition that the defendant obey the Rules and Regulationsrules
and regulations of the Division of Adult Correction of the Department of
Public Safety governing conduct of inmates, and this condition shall apply to
the defendant whether or not the court imposes it as a part of the written
order. If imprisonment is for continuous periods, the confinement may be in
either the custody of the Division of Adult Correction of the Department of
Public Safety or a local confinement facility. Noncontinuous periods of imprisonment
under special probation may only be served in a designated local confinement or
treatment facility. Except for probationary sentences for impaired driving
under G.S. 20-138.1, the total of all periods of confinement imposed as an
incident of special probation, but not including an activated suspended
sentence, may not exceed one-fourth the maximum sentence of imprisonment
imposed for the offense. For probationary sentences for impaired driving under
G.S. 20-138.1, the total of all periods of confinement imposed as an
incident of special probation, but not including an activated suspended
sentence, shall not exceed one-fourth the maximum penalty allowed by law. No
confinement other than an activated suspended sentence may be required beyond
the period of probation or beyond two years of the time the special probation
is imposed, whichever comes first."
SECTION 7.(c) Subsection (a) of this section is repealed if any of the following bills become law: House Bill 969, 2011 Regular Session, Senate Bill 880, 2011 Regular Session, or Senate Bill 881, 2011 Regular Session.
SECTION 8. G.S. 20-9(d) is repealed.
SECTION 9. 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 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 10. G.S. 20-146.2(a) reads as rewritten:
"(a) HOV Lanes. - The Department of Transportation may designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets and highways on the State Highway System and cities may designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets on the Municipal Street System. HOV lanes shall be reserved for vehicles with a specified number of passengers as determined by the Department of Transportation or the city having jurisdiction over the street or highway. When HOV lanes have been designated, and have been appropriately marked with signs or other markers, they shall be reserved for privately or publicly operated buses, and automobiles or other vehicles containing the specified number of persons. Where access restrictions are applied on HOV lanes through designated signing and pavement markings, vehicles shall only cross into or out of an HOV lane at designated openings. A motor vehicle shall not travel in a designated HOV lane if the motor vehicle has more than three axles, regardless of the number of occupants. HOV lane restrictions shall not apply to any of the following:
…
(6) Fuel cell
electric vehicles as defined in G.S. 29-4.01(12a), G.S. 20-4.01(12a),
regardless of the number of passengers in the vehicle. These vehicles must
be able to travel at the posted speed limit while operating in the HOV
lane."
SECTION 11. Article 11 of Chapter 25 of the General Statutes is repealed.
SECTION 12. G.S. 28A-2-4(a) 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 13.(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 13.(b) G.S. 28A-5-2(b) 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 14. The catch line of G.S. 30-30 reads as rewritten:
"§ 30-30. Judgment
and order for commissioners.Judgment."
SECTION 15. 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. 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. 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. of this section by the parties to any
contract, lease, option, or offer to make any contract, lease, or option.
…."
SECTION 16. G.S. 62-36A is recodified as G.S. 62-36.1.
SECTION 17. G.S. 63A-3(b) reads as rewritten:
"(b) Board of Directors. - The Authority shall be governed by a Board of Directors. The Board shall consist of at least the following 20 members:
(1) Six members appointed by the Governor. One member shall be representative of the economic development industry, two members shall be representative of the commercial real estate development industry, two members shall be representative of the banking and finance industry, and one member shall be representative of environmental interests. Of the Governor's six appointments, at least one member shall come from each of the State's three regions: Western, Piedmont, and Eastern.
…."
SECTION 18. G.S. 63A-24 reads as rewritten:
"§ 63A-24. General laws apply to Authority; exceptions.
(a) Except as provided in this section, the general laws that apply to State agencies apply to the Authority. The following general laws, to the extent provided below, do not apply to the Authority:
…
(3) Except for G.S. 146-29.1, 146-79, and 146-80, Chapter 146 of the General Statutes does not apply to the Authority.
(b)
Notwithstanding this exemption from Chapter 146 of the General Statutes, G.S. 126-5(c1)(15),
the Secretary of Transportation may designate employees of the Authority as
subject to Chapter 146 126 of the General Statutes."
SECTION 19. 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 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 20.(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 20.(b) This section is effective July 1, 2013. This section is repealed if Senate Bill 826, 2011 Regular Session, becomes law.
SECTION 21.(a) G.S. 115C-325(p) reads as rewritten:
"(p) Section Applicable to
Certain Institutions. - Notwithstanding any law or regulation to the contrary,
this section shall apply to all persons employed in teaching and related
educational classes in the schools and institutions of the Departments of
Health and Human Services,Services and Public Instruction,
Correction, or Juvenile Justice and Delinquency Prevention [the Division of
Juvenile Justice of the Department of Public Safety]Instruction and the
Divisions of Juvenile Justice and Adult Correction of the Department of Public
Safety regardless of the age of the students."
SECTION 21.(b) If House Bill 969, 2011 Regular Session, becomes law and, as enacted, contains the amendment to G.S. 115C-325(p) that appears in Section 42 of the first edition of that bill, that amendment is repealed. If Senate Bill 880, 2011 Regular Session, becomes law and, as enacted, contains the amendment to G.S. 115C-325(p) that appears in Section 41 of the first edition of that bill, that amendment is repealed. If Senate Bill 881, 2011 Regular Session, becomes law, Section 40 of that act is repealed.
SECTION 22.(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 22.(b) G.S. 163-304 reads as rewritten:
"§ 163-304.
State Board of Elections to have jurisdiction over municipal elections and
election officials,elections, 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 23. G.S. 120-70.94(a) reads as rewritten:
"(a) The Joint Legislative Oversight Committee on Justice and Public Safety shall examine, on a continuing basis, the correctional, law enforcement, and juvenile justice systems in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve those systems and to assist those systems in realizing their objectives of protecting the public and of punishing and rehabilitating offenders. In this examination, the Committee shall:
(1) Study the
budget, programs, and policies of the Departments of Correction, Crime
Control and Public Safety, and Juvenile Justice and Delinquency Prevention Department
of Public Safety to determine ways in which the General Assembly may
improve the effectiveness of those Departments.the Department.
…
(10) Study the needs of juveniles. This study may include, but is not limited to:
a. Determining the adequacy and appropriateness of services:
1. To children and youth receiving child welfare services;
2. To children and youth in the juvenile court system;
3. Provided by the Division of Social Services of the Department of Health and Human Services and the Division of Juvenile Justice of the Department of Public Safety;
4. To children and youth served by the Mental Health, Developmental Disabilities, and Substance Abuse Services system.
b. Developing methods for identifying and providing services to children and youth not receiving but in need of child welfare services, children and youth at risk of entering the juvenile court system, and children and youth exposed to domestic violence situations.
c. Identifying obstacles to ensuring that children who are in secure or nonsecure custody are placed in safe and permanent homes within a reasonable period of time and recommending strategies for overcoming those obstacles. The Commission shall consider what, if anything, can be done to expedite the adjudication and appeal of abuse and neglect charges against parents so that decisions may be made about the safe and permanent placement of their children as quickly as possible.
…."
SECTION 24. 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 25. G.S. 126-3(b) reads as rewritten:
"(b) The Office shall be responsible for the following activities, and such other activities as specified in this Chapter:
(1) Providing policy
and rule development for the Commission and implementing and administering all
policies, rules, and procedures established by the Commission;Commission.
(2) Providing
training in personnel management to agencies, departments, and institutions
including train-the-trainer programs for those agencies, departments, and
institutions who request such training and where sufficient staff and expertise
exist to provide the training within their respective agencies, departments,
and institutions;institutions.
(3) Providing
technical assistance in the management of personnel programs and activities to
agencies, departments, and institutions;institutions.
(4) Negotiating
decentralization agreements with all agencies, departments, and institutions
where it is cost-effective to include delegation of authority for certain
classification and corresponding salary administration actions and other
personnel programs to be specified in the agreements;agreements.
(5) Administering
such centralized programs and providing services as approved by the Commission
which have not been transferred to agencies, departments, and institutions or
where this authority has been rescinded for noncompliance;noncompliance.
(6) Providing
approval authority of personnel actions involving classification and
compensation where such approval authority has not been transferred by the
Commission to agencies, departments, and institutions or where such authority
has been rescinded for noncompliance;noncompliance.
(7) Maintaining a
computer database of all relevant and necessary information on employees and
positions within agencies, departments, and institutions in the State's
personnel system;system.
(8) Developing
criteria and standards to measure the level of compliance or noncompliance with
established Commission policies, rules, procedures, criteria, and standards in
agencies, departments, and institutions to which authority has been delegated
for classification, salary administration and other decentralized programs, and
determining through routine monitoring and periodic review process, that
agencies, departments, and institutions are in compliance or noncompliance with
established Commission policies, rules, procedures, criteria, and standards;
andstandards.
(9) Implementing
corrective actions in cases of noncompliance; [and] noncompliance.
(10) Administering the State employee suggestion program (NC-Thinks)."
SECTION 26. G.S. 127A-110(f) reads as rewritten:
"(f) (1) Any amount obtained by any person by settlement with, judgment against, or otherwise from the third party by reason of the injury or death shall be disbursed by order of the court for the following purposes and in the following order of priority:
a. First to the payment of actual court costs taxed by judgment.
b. Second to the payment of the fee of the attorney representing the person making settlement or obtaining judgment, and this fee shall not exceed one third of the amount obtained or recovered of the third party.
c. Third to the reimbursement of the State for all benefits by way of compensation or medical treatment expense paid or to be paid by the State pursuant to G.S. 127A-108.
d. Fourth to the payment of any amount remaining to the member or personal representative.
(2) The attorney fee
paid under subdivision (1) of this section subsection shall be
paid by the member and the State in direct proportion to the amount each shall
receive under sub-subdivisions (1)c. and d. of this subsection and shall be
deducted from the payments when distribution is made."
SECTION 27. 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 28. G.S. 130A-309.10(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 29. G.S. 131E-129(a) 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 30. 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 31. 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 32. 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 33. G.S. 143-215.1(a6) reads as rewritten:
"(a6) No permit shall be required
to enter into a contract for the construction, installation, or alteration of
any treatment works or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's
principle principal function is to conduct, treat, equalize,
neutralize, stabilize, recycle, or dispose of industrial waste or sewage from
an industrial facility and the discharge of the industrial waste or sewage is
authorized under a permit issued for the discharge of the industrial waste or
sewage into the waters of the State. Notwithstanding the above, the permit
issued for the discharge may be modified if required by federal
regulation."
SECTION 34. 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 35. 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 36. 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),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 37. G.S. 163-258.30(a) reads as rewritten:
"(a) The State Board
of Elections shall adopt rules and regulations to carry out the intent and
purpose of G.S. 163-278.23 and G.S. 163-278.24G.S. 163-258.28
and G.S. 163-258.29 and to ensure that a proper list of persons voting
under said sections shall be maintained by the boards of elections, and to
ensure proper registration records, and such rules and regulations shall not be
subject to the provisions of Article 2A of Chapter 150B of the General
Statutes."
SECTION 38. Section 6(c) of S.L. 2011-96 reads as rewritten:
"SECTION 6.(c) Notwithstanding the two-year term limitation in G.S. 135-48.20(m), as enacted by Senate Bill 323 of the 2011 Regular Session, the terms of initial appointees under G.S. 135-48.20 shall be as follows and shall begin January 1, 2012:
(1) Two and one-half years. - Appointees under G.S. 135-48.20(i).
(2) Three and one-half years. - Appointees not under G.S. 135-48.20(i)."
SECTION 39. Section 19.1(g) of S.L. 2011-145, as amended by Section 43(c) of S.L. 2011-391, reads as rewritten:
"SECTION 19.1.(g) The following statutes
are amended by deleting the language "Crime Control and Public
Safety" wherever it appears and substituting "Public Safety":
G.S. 7A-343.1, 8-50.2, 14-86.1, 14-309.7, 14-309.11, 15B-3, 15B-6, 17C-3, 17C-6, 18B-101, 18B-110, 19-2.1, 20-17.7, 20-39.1, 20-49,
20-79.5, 20-81.12, 20-116, 20-118, 20-119, 20-125, 20-178.1, 20-183.9, 20-183.10,
20-184, 20-185, 20-187, 20-187.1, 20-187.3, 20-188, 20-189, 20-190, 20-191, 20-192,
20-195, 20-196, 20-196.3, 20-196.4, 20-377, 20-379, 20-380, 20-381, 20-382.2,
20-383, 20-387, 20-389, 20-390, 20-391, 20-392, 20-393, 20-396, 20-397, 58-32-1,
58-78-1, 66-165, 66-168, 104E-8, 105-259, 105-269.3, 105-449.44, 120-12.1, 120-70.94,
122C-408, 122C-409, 122C-411, 122C-414, 126-5, 127A-17.1, 127A-19, 127A-20,
127A-21, 127A-22, 127A-35, 127A-40, 127A-42, 127A-43, 127A-54, 127A-57, 127A-80,
127A-81, 127A-107, 127A-139, 127A-161, 127A-162, 127A-163, 127A-164, 127C-2,
130A-475, 143-166.13, 143-215.52, 143-215.56, 143-215.93A, 143-215.94GG, 143-215.94HH,
143-341, 143-355.1, 143-651, 143-652.1, 143-652.2, 143-654, 143-655, 143-658,
143-661, 143-664, 143-726, 143A-79.2, 143A-239, 143A-240, 143A-241, 143A-242,
143A-243, 143A-244, 143A-245, 143B-2, 143B-6, 143B-181, 143B-394.15, 143B-417,
143B-426.22, 143B-477, 143B-478, 143B-479, 143B-480, 143B-480.1, 143B-480.2,
143B-480.3, 143B-490, 143B-491, 143B-492, 143B-495, 143B-496, 143B-497, 143B-498,
143B-499, 143B-499.2, 143B-499.4, 143B-499.7, 143B-508, 143B-508.1, Parts 8 and
9 of Article 11 of Chapter 143B of the General Statutes, 143B-510, 146-30, 147-12,
150B-1, 161-11.4, 166A-5, 166A-6, 166A-6.03, 166A-6.1, 166A-14, 166A-18, 166A-21,
166A-26, 166A-28, 166A-60, 166A-61, and 166A-62. In all other instances in
which the term "Crime Control and Public Safety" appears in the
General Statutes, the Revisor of Statutes shall replace that term with
"Public Safety"."
SECTION 40. Section 25 of S.L. 2011-284 is repealed.
SECTION 41. 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 42.(a) The prefatory language of Section 30 of S.L. 2011-391 reads as rewritten:
"SECTION 30. Section 13.22(b) of Session Law 2011-145
reads as rewritten:is rewritten to read:".
SECTION 42.(b) This section is retroactively effective July 1, 2011.
SECTION 43. 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 44. 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.
PART II. OTHER AMENDMENTS
A. TECHNICAL CHANGES
SECTION 45.(a) G.S. 15A-1331A is recodified as G.S. 15A-1331.1.
SECTION 45.(b) G.S. 20-15.1 reads as rewritten:
"§ 20-15.1. Revocations when licensing privileges forfeited.
The Division shall revoke the license of a person whose
licensing privileges have been forfeited under G.S. 15A-1331A, G.S. 15A-1331.1,
50-13.12, and 110-142.2. If a revocation period set by this Chapter is
longer than the revocation period resulting from the forfeiture of licensing
privileges, the revocation period in this Chapter applies."
SECTION 45.(c) G.S. 20-179.3(b)(2) reads as rewritten:
"(b) Eligibility. -
…
(2) Any person whose
licensing privileges are forfeited pursuant to G.S. 15A-1331A G.S. 15A-1331.1
is eligible for a limited driving privilege if the court finds that at the
time of the forfeiture, the person held either a valid drivers license or a
drivers license that had been expired for less than one year and
a. The person is supporting existing dependents or must have a drivers license to be gainfully employed; or
b. The person has an existing dependent who requires serious medical treatment and the defendant is the only person able to provide transportation to the dependent to the health care facility where the dependent can receive the needed medical treatment.
The limited driving privilege granted under this subdivision must restrict the person to essential driving related to the purposes listed above, and any driving that is not related to those purposes is unlawful even though done at times and upon routes that may be authorized by the privilege."
SECTION 45.(d) G.S. 113-277(a4) reads as rewritten:
"(a4) The Wildlife Resources
Commission shall order the surrender of any license or permit issued under this
Article to a person whose licensing privileges have been forfeited under G.S. 15A-1331A
G.S. 15A-1331.1 for the period specified by the court."
SECTION 45.(e) If Senate Bill 707, 2011 Regular Session, becomes law, G.S. 15A-1331B, as enacted by that act, is recodified as G.S. 15A-1331.2.
SECTION 45.5. G.S. 18B-1305(a1), as enacted by Section 1 of S.L. 2012-4, reads as rewritten:
"(a1) Termination by a Small
Brewery. - A brewery's authorization to distribute its own malt beverage
products pursuant to G.S. 18B-1104(7)G.S. 18B-1104(8)
shall revert back to the brewery, in the absence of good cause, following the
fifth business day after confirmed receipt of written notice of such reversion
by the brewery to the wholesaler. The brewery shall pay the wholesaler fair
market value for the distribution rights for the affected brand. For purposes
of this subsection, "fair market value" means the highest dollar
amount at which a seller would be willing to sell and a buyer willing to buy at
the time the self-distribution rights revert back to the brewery, after each
party has been provided all information relevant to the transaction."
SECTION 45.7. G.S. 20-79.4(b)(170) reads as rewritten:
"(170) Purple Heart Recipient. - Issuable to a
recipient of the Purple Heart award. The plate shall bear the phrase "Purple
Heart Veteran, Combat Wounded" and the letters "PH".Wounded."
A person may obtain from the Division a special registration plate under this
subdivision for the registered owner of a motor vehicle or a motorcycle. A
motorcycle plate issued under this subdivision shall bear a depiction of the
Purple Heart Medal and the phrase "Purple Heart Veteran, Combat
Wounded.""
SECTION 46.(a) G.S. 66-421(a) reads as rewritten:
"(a) Issuance of
Permits. - The sheriff of each county shall issue a nonferrous metals purchase
permit to an applicant if the applicant (i) has a fixed site in the sheriff's
county; (ii) declares on a form provided by the sheriff that the applicant is
informed of and will comply with the provisions of this Part; (iii) does not
have a permit that has been revoked pursuant to G.S. 66-324(b) G.S. 66-424(b)
at the time of the application; and (iv) has not been convicted of more
than three violations of this Part. A permit shall be valid for 12 months and
shall be valid only for fixed sites in the county of issuance. A permit shall
be obtained for each fixed site at which nonferrous metals are purchased."
SECTION 46.(b) This section becomes effective October 1, 2012.
SECTION 47.(a) If House Bill 614, 2011 Regular Session, becomes law, G.S. 90-21.102, as enacted by that act, reads as rewritten:
"§ 90-21.102. Definitions.
The following definitions apply in this Article:
…
(3) Health care provider. - Any person who:
…
m. Is licensed to
practice as a physician, physician assistant, dentist, pharmacist, optometrist,
registered nurse, licensed practical nurse, dental hygienist, or optician under
provisions of law of another state of the United States comparable to the
provisions referenced in sub-subdivisions a. through n.l. of this
subdivision.
…
(5) Voluntary provision of health care services. - The provision of health care services by a health care provider in association with a sponsoring organization in which both of the following circumstances exist:
a. The health care services are provided without charge to the recipient of the services or to a third party on behalf of the recipient.
b. The health care provider receives no compensation or other consideration in exchange for the health care services provided.
For the purposes of
this Article, the provision of health care services in non-profit nonprofit
community health centers, local health department facilities, free clinic
facilities, or at a providers provider's place of employment when
the patient is referred by a non-profit nonprofit community
health referral service shall not be considered the voluntary provision of
health care."
SECTION 47.(b) If House Bill 614, 2011 Regular Session, becomes law, G.S. 90-21.104(d)(1), as enacted by that act, reads as rewritten:
"(d) Each registered sponsoring organization has the duty and responsibility to do all of the following:
(1) Except as provided in this subdivision, by no later than 14 days before a sponsoring organization initiates voluntary health care services in this State, the sponsoring organization shall submit to the Department a list containing the following information regarding each health care provider who is to provide voluntary health care services on behalf of the sponsoring organization during any part of the time period in which the sponsoring organization is authorized to provide voluntary health care services in the State:
a. Name.
b. Date of birth.
c. State of licensure.
d. License number.
e. Area of practice.
f. Practice address.
By no later than 3 days prior to voluntary health care
services being rendered, a sponsoring organization may amend the list to add
health care providers defined in G.S. 90-21.102(3)a. through G.S. 90-21.102(3)m.
G.S. 90-21.102(3)l."
SECTION 47.(c) This section is effective January 1, 2013.
SECTION 48. G.S. 115C-107.7(a1) reads as rewritten:
"(a1) Any corporal punishment
administered on students with disabilities shall be consistent with the requirements
of G.S. 115C-391(a)(5).G.S. 115C-390.4."
SECTION 49. G.S. 115C-309(a) reads as rewritten:
"(a) Student Teacher and Student Teaching Defined. - A "student teacher" is any student enrolled in an institution of higher education approved by the State Board of Education for the preparation of teachers who is jointly assigned by that institution and a local board of education to student teach under the direction and supervision of a regularly employed certified teacher.
"Student teaching" may include those duties granted
to a teacher by G.S. 115C-307 and 115C 390 and any other part of
the school program for which either the supervising teacher or the principal is
responsible."
SECTION 50. If Senate Bill 77, 2011 Regular Session, becomes law, the title of the act reads as rewritten:
"AN ACT PROVIDING THAT AFTER DECEMBER 31, 2012,
LANDLORDS SHALL, WHEN INSTALLING A NEW SMOKE ALARM OR REPLACING AN EXISTING
SMOKE ALARM, INSTALL A TAMPER RESISTANT, TEN YEAR LITHIUM BATTERY SMOKE ALARM
EXCEPT IN CERTAIN CASES, AND PROVIDING THAT LANDLORDS MAY DEDUCT FROM THE
TENANT SECURITY DEPOSIT DAMAGE TO A SMOKE ALARM OR CARBON MONOXIDE ALARM, AS
RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE."
SECTION 51. If Senate Bill 229, 2011 Regular Session, is enacted, then Part XXIV of that act reads as rewritten:
"PART XXIV. USE OF TVA SETTLEMENT FUNDS
"SECTION 30. Funds received by the State pursuant to the provisions of the Consent Decree entered into by the State in State of Alabama et al. v. Tennessee Valley Authority, Civil Action 3:11-cv-00170 in the United States District Court for the Eastern District of Tennessee shall be used exclusively to award grants for "Environmental Mitigation Projects" of the types specified in paragraph 128 of the Consent Decree in the following counties: Avery, Buncombe, Burke, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga, Yancey."
SECTION 52. If Senate Bill 724, 2011 Regular Session, becomes law, the lead-in language for Section 5 of that act is rewritten to read:
"SECTION 5. Section 5 of S.L. 2008-90, as amended by Section 1 of S.L. 2010-36, reads as rewritten:".
SECTION 53. Sections 49 and 50 of S.L. 2012-56 are repealed.
SECTION 54. Section 2.2 of S.L. 2012-18 reads as rewritten:
"SECTION 2.2. G.S. 161-10(8a) G.S. 161-10(a)(8a)
is repealed."
SECTION 55. G.S. 115C-47(60)a. reads as rewritten:
"§ 115C-47. Powers and duties generally.
In addition to the powers and duties designated in G.S. 115C-36, local boards of education shall have the power or duty:
…
(60) To Ensure That the Unique Needs of Students With Immediate Family Members in the Military Are Met. - Local boards of education shall collect and annually report to the State Board of Education the following information for each school in the local school administrative unit:
a. The number
of students who have an immediate family member who has served in the reserve
or active components of the Armed Forces of the United States since September
1, 2011.September 11, 2001."
SECTION 56. If House Bill 237, 2011 Regular Session, becomes law, Section 8(f) of that act reads as rewritten:
"SECTION 8.(f) Reports to Committee. -
Whenever a State agency is required by law to report to the General Assembly or
to any of its permanent, study, or oversight committees or subcommittees on
matters affecting the workforce development workers' compensation system,
the Department shall transmit a copy of the report to the cochairs of the
Committee."
B. CLARIFYING/CONFORMING CHANGES
SECTION 57. G.S. 20-79.4(b)(11) reads as rewritten:
"(11) American Red Cross. - Issuable to
the registered owner of a motor vehicle in accordance with G.S. 20-81.12.
The plate shall bear the phrase "American Red Cross Saving Lives"
and a red cross.phrases "Proud Supporter," "American Red
Cross," and the official American Red Cross logo."
SECTION 58.1. If House Bill 1075, 2011 Regular Session, becomes law, G.S. 35A-1213(f), as enacted by Section 12(c) of that act, reads as rewritten:
"(f) An individual who
contracts with, or is employed by by, an entity that
contracts with a local management entity (LME) for the delivery of mental
health, developmental disabilities, and substance abuse services may not serve
as a guardian for a ward for whom the individual or entity is providing such
services.these services, unless the individual is a parent of that ward.
The prohibition provided in this subsection shall not apply to a member of the
ward's immediate family who is under contract with a local management entity
(LME) for the delivery of mental health, developmental disabilities, and
substance abuse services and is serving as a guardian as of January 1, 2013.
For the purposes of this subsection, the term "immediate family" is
defined as a spouse, child, sibling, parent, grandparent, or grandchild. The
term also includes stepparents, stepchildren, stepsiblings, and adoptive
relationships."
SECTION 58.2.(a) If House Bill 1075, 2011 Regular Session, does not become law, G.S. 122C-122 is repealed.
SECTION 58.2.(b) If House Bill 1075, 2011 Regular Session, does not become law, G.S. 35A-1202(4) reads as rewritten:
"§ 35A-1202. Definitions.
When used in the Subchapter, unless a contrary intent is indicated or the context requires otherwise:
…
(4)
"Disinterested public agent" means:means
a. Thethe
director or assistant directors of a local human services agency, orcounty
department of social services.
b. An
adult officer, agent, or employee of a State human services agency. TheExcept
as provided in G.S. 35A-1213(f), the fact that a disinterested public
agent is employed by a State or local human services agency that provides
financial assistance, services, or treatment to a ward does not disqualify that
person from being appointed as guardian.
.…"
SECTION 58.2.(c) If House Bill 1075, 2011 Regular Session, does not become law, G.S. 35A-1213 reads as rewritten:
"§ 35A-1213. Qualifications of guardians.
(a) The clerk may appoint as guardian an adult individual, a corporation, or a disinterested public agent. The applicant may submit to the clerk the name or names of potential guardians, and the clerk may consider the recommendations of the next of kin or other persons.
(b) A nonresident of the State of North Carolina, to be appointed as general guardian, guardian of the person, or guardian of the estate of a North Carolina resident, must indicate in writing his willingness to submit to the jurisdiction of the North Carolina courts in matters relating to the guardianship and must appoint a resident agent to accept service of process for the guardian in all actions or proceedings with respect to the guardianship. Such appointment must be approved by and filed with the clerk, and any agent so appointed must notify the clerk of any change in the agent's address or legal residence. The clerk shall require a nonresident guardian of the estate or a nonresident general guardian to post a bond or other security for the faithful performance of the guardian's duties. The clerk may require a nonresident guardian of the person to post a bond or other security for the faithful performance of the guardian's duties.
(c) A corporation may be appointed as guardian only if it is authorized by its charter to serve as a guardian or in similar fiduciary capacities. A corporation shall meet the requirements outlined in Chapters 55 and 55D of the General Statutes. A corporation will provide a written copy of its charter to the clerk of superior court. A corporation contracting with a public agency to serve as guardian is required to attend guardianship training and provide verification of attendance to the contracting agency.
(d) A disinterested public agent who is appointed by the clerk to serve as guardian is authorized and required to do so; provided, if at the time of the appointment or any time subsequent thereto the disinterested public agent believes that his role or the role of his agency in relation to the ward is such that his service as guardian would constitute a conflict of interest, or if he knows of any other reason that his service as guardian may not be in the ward's best interest, he shall bring such matter to the attention of the clerk and seek the appointment of a different guardian. A disinterested public agent who is appointed as guardian shall serve in that capacity by virtue of his office or employment, which shall be identified in the clerk's order and in the letters of appointment. When the disinterested public agent's office or employment terminates, his successor in office or employment, or his immediate supervisor if there is no successor, shall succeed him as guardian without further proceedings unless the clerk orders otherwise.
(e) Notwithstanding any other provision of this section, an employee of a treatment facility, as defined in G.S. 35A-1101(16), may not serve as guardian for a ward who is an inpatient in or resident of the facility in which the employee works; provided, this subsection shall not apply to or affect the validity of any appointment of a guardian that occurred before October 1, 1987.
(f) An individual who contracts with or is employed by an entity that contracts with a local management entity (LME) for the delivery of mental health, developmental disabilities, and substance abuse services may not serve as a guardian for a ward for whom the individual or entity is providing these services, unless the individual is a parent of that ward. The prohibition provided in this subsection shall not apply to a member of the ward's immediate family who is under contract with a local management entity (LME) for the delivery of mental health, developmental disabilities, and substance abuse services and is serving as a guardian as of January 1, 2013. For the purposes of this subsection, the term "immediate family" is defined as a spouse, child, sibling, parent, grandparent, or grandchild. The term also includes stepparents, stepchildren, stepsiblings, and adoptive relationships."
SECTION 58.2.(d) If House Bill 1075, 2011 Regular Session, does not become law, G.S. 35A-1292(a) reads as rewritten:
"§ 35A-1292. Resignation.
(a) Any guardian
who wishes to resign may apply in writing to the clerk,shall file a
motion with the clerk setting forth the circumstances of the case. If a
general guardian or guardian of the estate, at the time of making the
application, also exhibits his final account for settlement, and if the clerk
is satisfied that the guardian has fully accounted, the clerk may accept the
resignation of the guardian and discharge him and appoint a successor guardian,
but theguardian. The guardian so discharged and his sureties are
still liable in relation to all matters connected with the guardianship before
the discharge.discharge and shall continue to ensure that the ward's
needs are met until the clerk officially appoints a successor. The guardian
shall attend the hearing to modify the guardianship, if physically able."
SECTION 58.2.(e) If House Bill 1075, 2011 Regular Session, does not become law, in order to achieve continuity of care and services, any successor guardian shall make diligent efforts to continue existing contracts entered into under the authority of G.S. 122C-122 where consistent with the best interest of the ward as required by Chapter 35A of the General Statutes.
SECTION 59.(a) G.S. 42-51(a)(3) reads as rewritten:
"§ 42-51. Permitted uses of the deposit.
(a) Security deposits for residential dwelling units shall be permitted only for the following:
…
(3) Damages as the result of the nonfulfillment of the rental period, except where the tenant terminated the rental agreement under G.S. 42-45, G.S. 42-45.1, or because the tenant was forced to leave the property because of the landlord's violation of Article 2A of Chapter 42 of the General Statutes or was constructively evicted by the landlord's violation of G.S. 42-42(a)."
SECTION 59.(b) G.S. 42-51(a)(2) reads as rewritten:
"§ 42-51. Permitted uses of the deposit.
(a) Security deposits for residential dwelling units shall be permitted only for the following:
…
(2) Damage to the
premises, including damage to or destruction of smoke detectors alarms
or carbon monoxide detectors.alarms."
SECTION 59.(c) Subsection (a) of this section is effective October 1, 2012. Subsection (b) of this section is effective December 1, 2012.
SECTION 60. G.S. 66-58(b) is amended by adding a new subdivision to read:
"§ 66-58. Sale of merchandise or services by governmental units.
…
(b) The provisions of subsection (a) of this section shall not apply to:
…
(9a) The North Carolina Forest Service."
SECTION 61. If Senate Bill 521 becomes law, G.S. 93A-83(c) reads as rewritten:
"(c) Required
Contents of a Broker Price Opinion or Comparative Market Analysis. - A broker
price opinion or comparative market analysis shall be in writing and conform to
the standards provided in this Article that may shall include,
but are not limited to, the following:
(1) A statement of the intended purpose of the broker price opinion or comparative market analysis.
(2) A brief description of the subject property and property interest to be priced.
(3) The basis of reasoning used to reach the conclusion of the price, including the applicable market data or capitalization computation.
(4) Any assumptions or limiting conditions.
(5) A disclosure of any existing or contemplated interest of the broker issuing the broker price opinion, including the possibility of representing the landlord/tenant or seller/buyer.
(6) The effective date of the broker price opinion.
(7) The name and signature of the broker issuing the broker price opinion and broker license number.
(8) The name of the real estate brokerage firm for which the broker is acting.
(9) The signature date.
(10) A disclaimer stating that "This opinion is not an appraisal of the market value of the property, and may not be used in lieu of an appraisal. If an appraisal is desired, the services of a licensed or certified appraiser shall be obtained. This opinion may not be used by any party as the primary basis to determine the value of a parcel of or interest in real property for a mortgage loan origination, including first and second mortgages, refinances, or equity lines of credit."
(11) A copy of the assignment request for the broker price opinion or comparative market analysis."
SECTION 61.5.(a) If House Bill 462, 2011 Regular Session, becomes law, G.S. 116B-8, as enacted in Section 3 of the act, reads as rewritten:
"§ 116B-8. Employment of persons with specialized skills or knowledge.
The Treasurer may employ the services of such independent consultants, real estate managers and other persons possessing specialized skills or knowledge as the Treasurer deems necessary or appropriate for the administration of this Chapter, including valuation, maintenance, upkeep, management, sale and conveyance of property and determination of sources of unreported abandoned property. The Treasurer may also employ the services of an attorney to perform a title search or to provide an accurate legal description of real property which the Treasurer has reason to believe may have escheated. Persons whose services are employed by the Treasurer pursuant to this section to determine sources and amounts of unreported property are subject to the same policies, including confidentiality and ethics, as employees of the Department of State Treasurer assigned to determine sources and amounts of unreported property. If the Treasurer contracts with any other person to conduct an audit under this Chapter, the audit shall not be performed on a contingent fee basis or any other similar method that may impair an auditor's independence or the perception of the auditor's independence by the public. Notwithstanding the preceding sentence, the Treasurer may contract with any other person on a contingent fee basis to conduct audits of life insurance companies where the audit is being conducted for the purpose of identifying unclaimed death benefits or to conduct audits of holders of unredeemed bond funds. Compensation of persons whose services may be employed pursuant to this section on a contingent fee basis shall be limited to twelve percent (12%) of the final assessment."
SECTION 61.5.(b) If House Bill 462, 2011 Regular Session, becomes law, Section 6 of the act reads as rewritten:
"SECTION 6. This act becomes effective July October
1, 2012, and applies to audits, determinations of liability, and
assessments contracted for on or after that date. Units of local government and
the Treasurer shall not renew contingency fee based contracts for these
services after July October 1, 2012. Beginning October 1,
2012, the Treasurer, an assessor, a city, or a county shall not assign further
audits on a contingency fee basis to an auditing firm under a contract that
meets all the following conditions: (i) the contract would have been prohibited
under this act had the contract been entered into before October 1, 2012, and
(ii) the contract allows the assignment of audits on a discretionary basis by
the Treasurer, an assessor, a city, or a county. "
SECTION 62. If House Bill 438 becomes law, G.S. 130A-1.1(b) reads as rewritten:
"(b) A local health department shall ensure that the following 10 essential public health services are available and accessible to the population in each county served by the local health department:
(1) Monitoring health status to identify community health problems.
(2) Diagnosing and investigating health hazards in the community.
(3) Informing, educating, and empowering people about health issues.
(4) Mobilizing community partnerships to identify and solve health problems.
(5) Developing policies and plans that support individual and community health efforts.
(6) Enforcing laws and regulations that protect health and ensure safety.
(7) Linking people
to needed personal health care services and assuring ensuring the
provision of health care when otherwise unavailable.
(8) Assuring Ensuring
a competent public health workforce and personal health care workforce.
(9) Evaluating effectiveness, accessibility, and quality of personal and population-based health services.
(10) Conducting research."
SECTION 62.5. If House Bill 391, 2011 Regular Session, becomes law, G.S. 153A-316.1(a), as enacted by that act, reads as rewritten:
"§ 153A-316.1. Urban research service district (URSD).
(a) Standards. - The board of commissioners of a county may establish one or more urban research service districts ("URSD" as used in this Part) that meets the following standards:
(1) The URSD is wholly within a county research and production service district located partly within that county.
(2) The URSD is located wholly within that county.
(3) The URSD is not contained within another URSD.
(4) A petition
requesting creation of the URSD signed by at least fifty percent (50%) of the
owners of real property in the URSD who own at least fifty (50%) of total area
of the real property in the URSD has been presented to the board of
commissioners."
SECTION 63. Section 5 of S.L. 2011-236 reads as rewritten:
"SECTION 5. This act becomes effective October 1,
2011, and applies to agreements executed on or after that date. Agreements
executed prior to October 1, 2011, remain subject to the laws in effect at the
time the parties executed the agreement.agreement; differences in
wording between procedures authorized to establish agreements under the laws
repealed by this act and under the superseding laws enacted by this act clarify
the permitted procedures under the repealed laws."
C. SUBSTANTIVE CHANGES
SECTION 64. G.S. 18C-151(c) reads as rewritten:
"(c) Before a contract is awarded, the Director shall conduct a thorough background investigation of all of the following:
(1) The potential contractor to whom the contract is to be awarded.
(2) Any parent or subsidiary corporation of the potential contractor to whom the contract is to be awarded.
(3) All shareholders with a five percent (5%) or more interest in the potential contractor or parent or subsidiary corporation of the potential contractor to whom the contract is to be awarded. For purposes of this subdivision, "shareholders" means any natural person or those individuals with capabilities to make operating decisions for the potential contractor or parent or subsidiary corporation of the potential contractor to whom the contract is to be awarded.
(4) All officers and directors of the potential contractor or parent or subsidiary corporation of the potential contractor to whom the contract is to be awarded."
SECTION 65. Part 9 of Article 1 of Chapter 10B of the General Statutes is amended by adding a new section to read:
"§ 10B-72. Certain notarial acts validated when recommissioned notary failed to again take oath.
Any acknowledgment taken and any instrument notarized by a person who after recommissioning failed to again take the oath as a notary public is hereby validated. The acknowledgment and instrument shall have the same legal effect as if the person qualified as a notary public at the time the person performed the act. This section shall apply to notarial acts performed on or after August 28, 2010, and before January 12, 2012."
SECTION 66. G.S. 93D-5(c) reads as rewritten:
"(c) No license
shall be issued to any person until the person has served as an apprentice as
set forth in G.S. 93D-9 for a period of at least one year; provided, that
the one-year apprenticeship requirement shall not be waived for
persons for:
(1) Persons
qualified under G.S. 93D-6; persons G.S. 93D-6.
(2) Persons
holding a permanent license as an audiologist under Article 22 of Chapter
90 of the General Statutes Statutes.
(3) Persons holding a temporary license as an audiologist under Article 22 of Chapter 90 of the General Statutes who have undergone 250 hours of supervised activity fitting or selling hearing aids under the direct supervision of a Registered Sponsor.
(4) Persons
continuously licensed to fit or sell hearing aids in another state or
jurisdiction for the preceding three years; and persons years.
(5) Persons who have worked full-time for one year in the office of and under the direct supervision of an otolaryngologist fitting or selling hearing aids."
SECTION 67. G.S. 146-30(c) reads as rewritten:
"(c) The amount or rate of such service charge shall be fixed by rules and regulations adopted by the Governor and approved by the Council of State, but as to any particular sale, lease, rental, or other disposition, it shall not exceed ten percent (10%) of the gross amount received from such sale, lease, rental, or other disposition. Notwithstanding any other provision of this Subchapter, the net proceeds derived from the sale of land or products of land owned by or under the supervision and control of the Wildlife Resources Commission, or acquired or purchased with funds of that Commission, shall be paid into the Wildlife Resources Fund. Provided, however, the net proceeds derived from the sale of land or timber from land owned by or under the supervision and control of the Department of Agriculture and Consumer Services shall be deposited with the State Treasurer in a capital improvement account to the credit of the Department of Agriculture and Consumer Services, to be used for such specific capital improvement projects or other purposes as are provided by transfer of funds from those accounts in the Capital Improvement Appropriations Act. Provided further, the net proceeds derived from the sale of park land owned by or under the supervision and control of the Department of Environment and Natural Resources shall be deposited with the State Treasurer in a capital improvement account to the credit of the Department of Administration to be used for the purpose of park land acquisition as provided by transfer of funds from those accounts in the Capital Improvement Appropriations Act. In the Capital Improvement Appropriations Act, line items for purchase of park and agricultural lands will be established for use by the Departments of Administration and Agriculture. The use of such funds for any specific capital improvement project or land acquisition is subject to approval by the Director of the Budget. No other use may be made of funds in these line items without approval by the General Assembly except for incidental expenses related to the project or land acquisition. Additionally with the approval of the Director of the Budget, either Department may request funds from the Contingency and Emergency Fund when the necessity of prompt purchase of available land can be demonstrated and funds in the capital improvement accounts are insufficient. Provided further, the net proceeds derived from the sale of any portion of the land owned by the State in or around the Butner Reservation on or after July 1, 1980, shall be deposited with the State Treasurer in a capital improvement account to the credit of the Department of Health and Human Services to make capital improvements on or to property owned by the State in the Butner Reservation subject to approval by the Office of State Budget and Management, and may be used to build industrial access roads to industries located or to be located on the Butner Reservation, to construct new city streets in the Butner Reservation, extend water and sewer service on the Butner Reservation, repair storm drains on the Butner Reservation, and for other capital uses on the Reservation as determined by the Secretary. Provided further, notwithstanding any other provision of this Subchapter, the proceeds derived from the lease dispositions of land or facilities owned or under the supervision and control of East Carolina University's Division of Health Sciences for the delivery of health care services shall be deposited in clinical accounts at East Carolina University to be used to improve access to patient care."
SECTION 68.(a) G.S. 143-553(a) reads as rewritten:
"(a) All persons employed by an employing entity as defined by this Part who owe money to the State and whose salaries are paid in whole or in part by State funds must make full restitution of the amount owed as a condition of continuing employment; provided, however, that no employing entity shall terminate for failure to make full restitution the employment of such an employee who owes money to the University of North Carolina Health Care System or to East Carolina University's Division of Health Sciences for health care services."
SECTION 68.(b) G.S. 147-86.11(e) reads as rewritten:
"(e) Elements of Plan. - For moneys received or to be received, the statewide cash management plan shall provide at a minimum that:
(1) Except as otherwise provided by law, moneys received by employees of State agencies in the normal course of their employment shall be deposited as follows:
a. Moneys received in trust for specific beneficiaries for which the employee-custodian has a duty to invest shall be deposited with the State Treasurer under the provisions of G.S. 147-69.3.
b. All other moneys received shall be deposited with the State Treasurer pursuant to G.S. 147-77 and G.S. 147-69.1.
(2) Moneys received shall be deposited daily in the form and amounts received, except as otherwise provided by statute.
(3) Moneys due to a State agency by another governmental agency or by private persons shall be promptly billed, collected and deposited.
(4) Unpaid billings due to a State agency other than amounts owed by patients to the University of North Carolina Health Care System or East Carolina University's Division of Health Sciences shall be turned over to the Attorney General for collection no more than 90 days after the due date of the billing, except that a State agency need not turn over to the Attorney General unpaid billings of less than five hundred dollars ($500.00), or (for institutions where applicable) amounts owed by all patients which are less than the federally established deductible applicable to Part A of the Medicare program, and instead may handle these unpaid bills pursuant to agency debt collection procedures.
(4a) The University of North Carolina Health Care System and East Carolina University's Division of Health Sciences may turn over to the Attorney General for collection accounts owed by patients.
(5) Moneys received in the form of warrants drawn on the State Treasurer shall be deposited by the State agency directly with the State Treasurer and not through the banking system, unless otherwise approved by the State Treasurer.
(6) State agencies shall accept payment by electronic payment in accordance with G.S. 147-86.22 to the maximum extent possible consistent with sound business practices."
SECTION 68.(c) G.S. 147-86.23 reads as rewritten:
"§ 147-86.23. Interest and penalties.
A State agency shall charge interest at the rate established pursuant to G.S. 105-241.21 on a past-due account receivable from the date the account receivable was due until it is paid. A State agency shall add to a past-due account receivable a late payment penalty of no more than ten percent (10%) of the account receivable. A State agency may waive a late-payment penalty for good cause shown. If another statute requires the payment of interest or a penalty on a past-due account receivable, this section does not apply to that past-due account receivable. This section does not apply to money owed to the University of North Carolina Health Care System or to East Carolina University's Division of Health Sciences for health care services."
SECTION 69. Section 9(a) of Part IV of Chapter 908 of the 1983 Session Laws, as amended by Chapters 821 and 922 of the 1989 Session Laws, Section 2 of S.L. 2001-402, and Section 1 of S.L. 2011-160, reads as rewritten:
"Sec. 9. (a) Distribution and Use of Proceeds. - The local administrative authority, acting on its own behalf or as agent for each taxing entity, shall distribute the proceeds of the taxes levied in this Part as provided in this subsection. The distribution shall be made by the 20th day of each month following the month in which the tax is collected.
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(4) Distribution to Charlotte for Convention and Visitor Promotion and Other Tourism-Related Purposes. -
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d. The Towns of Cornelius, Davidson, and Huntersville shall distribute on a quarterly basis to the Lake Norman Convention and Visitors Bureau from the portion of prepared food and beverage taxes received from the City of Charlotte for the purpose of tourism-marketing promotions an amount not less than the sum of the following:
1. Twenty-eight percent (28%) of the portion of occupancy tax net proceeds received from the local administrative authority.
2. Twenty-five percent (25%) of the portion of prepared food and beverage taxes received from the City of Charlotte."
SECTION 70. If House Bill 950, 2012 Regular Session, becomes law, then Section 10.9F(c)(2) reads as rewritten:
"(2) The recipient (i) resides
either in a private living arrangement, a residential facility licensed
by the State of North Carolina as an adult care home, or a combination home as
defined in G.S. 131E-101(1a).G.S. 131E-101(1a), or (ii)
resides in a group home licensed under Chapter 122C of the General Statutes and
as of December 31, 2012, was eligible to receive personal care services under
the Medicaid State Plan while residing in the group home."
SECTION 71. Except where otherwise provided, this act is effective when it becomes law.