AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE OTHER TECHNICAL, CONFORMING, AND CLARIFYING CHANGES. Enacted July 12, 2017. Section 5 is effective December 1, 2015. The remainder is effective July 12, 2017, except as otherwise provided.
Summary date: Jul 14 2017 - View summaryAgriculture, Banking and Finance, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Juvenile Law, Abuse, Neglect and Dependency, Motor Vehicle, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Education, Elementary and Secondary Education, Employment and Retirement, Government, Budget/Appropriations, General Assembly, State Agencies, Department of State Treasurer, State Government, State Personnel, Tax, Local Government, Health and Human Services, Social Services, Child Welfare, Transportation
Summary date: Jun 20 2017 - View summary
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title and makes organizational changes, placing existing provisions into new Part I. Adds the following new provisions.
Part I. Technical Corrections Recommended by the General Statutes Commission
Makes technical changes to GS 14-309.7 (Licensing procedure).
Makes technical correction to the statutory reference in Section 4 of SL 2016-27 (Beach Bingo Licenses).
Makes technical correction to GS 20-4.01(32b), defining recreational vehicle. Authorizes the Revisor of Statutes to re-letter the definitions in GS 20-4.01(27) and GS 20-4.01(32b) to place them in alphabetical order. Further authorizes the Revisor of Statutes to conform any citations that change as a result of the re-lettering.
Further amends GS 20-45 (Seizure of documents and plates), making existing language in subsection (b) gender neutral.
Makes technical and clarifying changes to GS 20-179, concerning sentencing hearings after conviction for impaired driving. Makes existing language gender neutral. Adds descriptors to existing subsections (h1), (k3), and (k4).
Adds a qualification to previous Section 12, amending GS 36C-8-816.1 (Trustee's special power to appoint to a second trust), providing that Section 12 is repealed if S 450 (the Uniform Trust Decanting Act) of the 2017 Regular Session becomes law.
Makes technical changes to GS 36F-2.
Amends GS 36F-13, providing that when a trustee is not the original user of an account, the custodian is required to disclose certain electronic communications maintained by the custodian and certain digital assets in which the trust has a right or interest if the trustee gives the custodian documentation as specified, among those a verified copy (currently, a certified copy) of the trust instrument or a certification of the trust under GS 36C-10-1013.
Makes existing language in GS 42A-4(4), defining vacation rental agreement, gender-neutral. Makes technical changes.
Deletes the proposed changes to GS 42A-17(a), which referenced the federally insured depository institution rather than the bank or saving and loan association pertaining to the accounting of funds with respect to vacation rentals.
Makes technical change to GS 53-208.42(20), defining virtual currency.
Makes technical and clarifying changes to GS 53-208.44(a), setting forth the exemptions from the provisions of Article 16B (Money Transmitters Act).
Makes technical changes to GS 53-208.47 (Surety bond).
Makes technical and clarifying changes to GS 53-208.51 (Prohibited practices of persons licensed under Article 16B).
Makes technical changes to GS 53-208.53(d), defining timely reporting.
Amends GS 53-208.57, concerning the disciplinary authority of the Commissioner of Banks of the State of North Carolina, directing that all civil money penalties collected under Article 16B be paid to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2 (currently, generally directs the penalties be paid to the county school fund).
Makes technical changes to GS 55-1-40(13a), defining mail, and clarifies that the definition applies to when the term is used as a verb. Provides that this provision is repealed if S 622 (Business Corporation Act Revisions) of the 2017 Regular Session becomes law.
Makes technical changes to a statutory reference in GS 66-71.14(b).
Makes technical correction to delete references to previously repealed GS 160A-37.1 in GS 69-25.15(d) and GS 153A-304.1(d), concerning city fire protection district tax payments.
Makes technical changes to GS 105-164.13(11b), exempting from sales tax the sales of aviation gasoline and jet fuel to an interstate air business for use in a commercial aircraft.
Makes technical changes to GS 106-950, concerning fires exempt from the provisions of Article 78 (Regulation of Open Fires). Specifies that an air quality permit is not required for the burning of polyethylene agricultural plastic used in connection with agricultural operations related to crops.
Makes technical changes to GS 120-70.106(d).
Corrects the statutory reference in GS 136-41.2(c), concerning the eligibility of municipalities to receive funds appropriated to the Department of Transportation for State aid to municipalities under GS 136-41.1, requiring the municipalities to formally adopt a budget ordinance in substantial compliance with GS 159-8 and GS 159-13 (setting out the requirements of the budget ordinance), as specified (currently, compliant with GS 160A-410.3 which has since been repealed and transferred).
Amends GS 143-58.5, establishing the Alternative Fuel Revolving Fund, to direct the Secretary of Environmental Quality (currently, the Secretary of Administration) to adopt rules as necessary to implement the statute. Makes technical changes. Directs the Codifier of Rules to make necessary conforming changes to reflect name changes and any recodifications resulting from this provision as amended.
Makes technical changes to GS 143B-437.56(b), concerning the minimum and maximum grants under the Job Development Investment Grant Program.
Makes technical and clarifying changes to GS 147-69.2, concerning investments authorized for special funds held by the State Treasurer.
Makes technical changes to GS 147-69.12 (Reporting on the State Treasurer's investment programs).
Amends GS 160A-536 (Purposes for which district may be established). Amends the criteria for contracts entered by a city to provide services in a service district with another governmental agency and/or a private agency. Provides that existing language requiring periodic appropriate accounting for city moneys to include the name, location, purpose, and amount paid to any person(s) with whom the private agency contracted to perform or complete any purpose for which the city moneys were used for that service district applies to contracts entered into on or after June 1, 2016 (currently, does not specify applicability by date). Adds a descriptor to existing subsection (d1).
Corrects a statutory reference in Section 2 of SL 2016-102 to reference GS 14-208.18(a)(3) instead of GS 14-408.18(a)(3).
Makes a technical correction to the introductory language of Section 6(c) of SL 2016-108.
Retitles Article 1D in GS Chapter 90, as Health Program for Medical Professionals (currently, Peer Review).
Corrects the statutory reference in the introductory language of Sections 6.1(a) and 6.1(b) of SL 2016-123 (Measurability Assessments/Budget Technical Corrections).
Part II. Other Technical, Conforming, and Clarifying Amendments
Amends GS 12-3 (Rules of construction of statutes). Adds that husband and wife and similar terms suggesting two individuals who are then lawfully married to each other are to be construed to include any two individuals who are then lawfully married to each other. Also adds that widow and widower mean the surviving spouse of a deceased individual.
Retitles GS 42-45.2, Early termination of rental agreement by tenants residing in certain foreclosed property (currently, includes early termination by military).
Amends GS 58-37-1(6), defining motor vehicle, to establish that the term does not mean an electric assisted bicycle as defined in GS 20-4.01(7a).
Makes technical changes to subsection (c) in GS 90-12.7 (Treatment of overdose with opioid antagonist and immunity), referencing subdivision (1) of subsection (b) of the statute. Provides that this provision is repealed if H 243 (Strengthen Opioid Misuse Prevention Act) of the 2017 Regular Session becomes law.
Amends GS 90-96 (Conditional discharge for first offense) to include pleading guilty to or being found guilty of possessing drug paraphernalia prohibited by GS 90-113.22A to those first offenses which a court may conditionally discharge pursuant to subsection (a). Adds that convictions for violations of a provision of GS 90-113.22A are considered previous convictions for the purpose of determining whether the conviction is a first conviction or whether a person has already had a discharge and dismissal. Further, provides that persons who have plead guilty or been found guilty of possessing drug paraphernalia as prohibited by GS 90-113.22A with no previous convictions can be eligible to apply for cancellation of the judgment and expunction of certain records related to the offense pursuant to GS 15A-145.2(c). Makes technical changes.
Corrects the reference in GS 90-414.5(a) to refer to the purposes set out in GS 90-414.4(a) for which the NC Health Information Exchange Authority must provide data and information as specified.
Corrects the statutory references in GS 90-414.7(b)(1) concerning the duty of the NC Health and Information Exchange Authority to oversee and administer the HIE Network to refer to GS 90-414.4(b) and GS 90-414.4(a).
The following provisions apply only if H 630 (Rylan's Law/Family/Child Protection and Accountability Act) of the 2017 Regular Session becomes law: (1) amends GS 108A-74 to refer to counties instead of county departments of social services and (2) amends Section 3.1(b) of H 630 to provide that the amendments to GS 108A-74 are effective when that act becomes law instead of effective upon ratification.
Provides that if H 630 of the 2017 Regular Session becomes law, then GS 108A-74, as amended by Sections 3.1(a) and 3.2(a) of H 630, and Section 40(a) of this act, is amended as follows, effective March 1, 2020. Makes the statute applicable to counties and regional social services departments.
Only if H 630 of the 2017 Regular Session becomes law, amends GS 108A-15.3D as enacted by Section 4.1 of that act, to grant the regional social services director the authority to enter contracts in accordance with the Local Government Finance Act, GS Chapter 159, on behalf of the regional social services department. Effective March 1, 2019.
If H 630 of the 2017 Regular Session becomes law, amends Section 4.6 of H 630 to provide that Section 4.5 of that act, directing the Social Services Commission to adopt rules governing the obligations of counties to contribute financially to regional social services departments, becomes effective when the act becomes law instead of effective upon ratification.
Only if H 630 of the 2017 Regular Session becomes law, makes technical and clarifying changes to GS 7B-1001(a) as amended by Section 8(a) of that act and by Section 4 of SL 2017-7. Effective January 1, 2019, and applies to appeals filed on or after that date.
Provides that the above provisions that only apply if H 630 becomes law are effective on the date H 630 become law unless otherwise provided.
Makes technical change to GS 113-291.4A (Open seasons for taking foxes with firearms).
Amends GS 115C-105-51, permitting the Department of Public Instruction (DPI), in consultation with the Department of Public Safety (DPS), to develop standards and guidelines for the development, operation, and staffing of the tip lines for use in local school administrative units (currently, directs DPS, in consultation with DPI). Additionally directs DPI and the Center for Safer Schools, in collaboration with DPS, Division of Emergency Management (currently, directs DPS, Division of Emergency Management in collaboration with DPI), to implement and maintain an anonymous tip line application as specified.
Amends GS 115D-67.4, requiring the Applied Textile Technology Center to submit all proposed agreements or contracts for supplies, materials, printing, equipment, and contractual services exceeding $1 million authorized by the statute to the Secretary of Administration or the Secretary's designee for review pursuant to GS 114-8.3 (currently, submitted to the Attorney General or the Attorney General's designee).
Makes technical correction to GS 143-49(9), relating to the powers and duties of the Secretary of Administration.
Makes clarifying changes to GS 143B-30.1, directing the Chief Administrative Law Judge of the Office of Administrative Hearings to designate the staff of the Rules Review Commission from among the employees of the Office of Administrative Hearings. Removes the existing provision in subsection (f) providing that the Rules Review Commission can have computer access to the North Carolina Administrative Code to enable the Commission and its staff to view and copy rules in the Code.
Amends GS 143B-437.01(a), concerning the rules the Department of Commerce must develop for the administration of the Industrial Development Fund Utility Account. Now refers to the county in which the project is located rather than the county in which the datacenter is located in determining the wage standard for the development area under subdivision (a)(6).
Makes technical correction to GS 143B-1333(c).
Makes technical changes to GS 147-12(b).
Only if S 655 (Change Date When Primary Elections Held) of the 2017 Regular Session becomes law; moves presidential primaries to the first Tuesday in March, 2020), amends GS 163-213.4 to direct the State Board of Elections to convene in Raleigh on the first Tuesday in January preceding the presidential preference primary election, unless the first Tuesday in January is the first day of the month, in which case the State Board must meet on January 2 (currently, convenes on the first Tuesday in March preceding the presidential preference primary election).
Amends SL 2016-81 (enacts new Article 16B of GS Chapter 53, Money Transmitters Act) to provide that that act becomes effective October 1, 2016 (currently, October 1, 2015).
Part III. Adjust Certain Education Report Dates
Amends GS 115C-12(25), directing the State Board of Education to report to the Joint Legislative Education Oversight Committee regarding schools identified as low-performing, school improvement plans found to significantly improve student performance, personnel actions taken in low-performing schools, and recommendations for additional legislation to improve student performance and increase local flexibility by November 15 of each year (currently, beginning October 15, 2015, and annually thereafter).
Amends GS 115C-296.13(e), requiring the annual educator preparation program report card be submitted by the State Board of Education to the Joint Legislative Education Oversight Committee by March 15 annually (currently, December 15 annually).
Amends GS 115C-238.55, requiring the State Board of Education and the governing boards of cooperative innovative high schools to report by March 15 of each year (currently, January 15) to the Joint Legislative Education Oversight Committee on the evaluation of cooperative innovative high schools.
Amends Section 1(b) of SL 2013-1, as amended, to require the State Board of Education to submit the report on the impact of awarding the high school endorsements on high school graduation, college acceptance and remediation, and post-high school employment rates by November 15, 2016 (currently, September 15, 2016), and annually thereafter.
Amends GS 115C-156.2(b), requiring the State Board of Education to report to the Joint Legislative Education Oversight Committee by November 15 (currently, September 15) of each year on the number of students in career and technical education courses who earned community college credit and related industry certifications and credentials, beginning in 2014.
Amends Section 8.29(e) of SL 2015-241, extending the deadline by which the Department of Public Instruction must submit the final report on the After-School Quality Improvement Grant Program to the Joint Legislative Education Oversight Committee to November 15, 2017 (currently, September 15, 2017).
Amends GS 115C-83.10(c), directing the State Board of Education to submit a State-level summary of the information reported by local boards of education pursuant to the statute to the previously specified entities, including the Governor, by December 15, 2016, and annually thereafter (currently, by October 15 of each year beginning with the 2015-16 school year).
Amends GS 115C-174.26(h), requiring the State Board of Education to annually report to the Joint legislative Education Oversight Committee on advanced courses in North Carolina, as specified, by December 15 (currently, beginning November 15, 2014, and annually thereafter).
Corrects the statutory reference in GS 115C-75.9(i) to refer to the school personnel criminal history check set out in GS 115C-332.Agriculture, Banking and Finance, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Juvenile Law, Abuse, Neglect and Dependency, Delinquency, Motor Vehicle, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Education, Elementary and Secondary Education, Employment and Retirement, Government, Budget/Appropriations, General Assembly, State Agencies, Department of State Treasurer, State Government, State Personnel, Tax, Local Government, Health and Human Services, Social Services, Child Welfare, Transportation
Summary date: Mar 2 2017 - View summary
Amends GS 1-117, concerning the "Record of Lis Pendens" to clarify that it is to be kept under GS 7A-109 (was, GS 2-42(6), which no longer exists). Makes language gender neutral.
Amends GS 7B-302(a), by making a technical correction to add the word "juvenile."
Amends GS 14-118.6(b1) to clarify that the clerk of superior court must not file, index, or docket a document against the property of a public officer or public employee until the document is approved by any judge of the judicial district having subject matter jurisdiction for filing by the clerk of superior court.
Amends GS 14-159.3(a1) by replacing he/she, with landowner, making the language gender neutral and allowing for corporate landowners.
Amends GS 14-208.6 to correct an oversight by adding violations of GS 14-27.24, first-degree statutory rape, to those considered to be sexually violent offenses. Effective December 1, 2015.
Amends GS 20-45, concerning the seizure of documents and license plates by the Division of Motor Vehicles, to make a technical change, make language gender neutral, and to update a statutory reference for a repealed statute.
Amends GS 20-171.24 by updating the statute's catchline to reflect the fact that the statute applies statewide.
Amends GS 24-10.1 by deleting a reference to a repealed statute.
Amends GS 28A-2-4, concerning the clerk of superior court's subject matter jurisdiction in estate proceedings, by correcting an error in (a) to now provide that in the absence of a transfer to superior court, Article 26 of GS Chapter 1 applies to an estate (was, to a trust) proceeding pending before the clerk of superior court. Also corrects a cross-reference and adds a reference to GS 28A-2-5 in (c).
Amends GS 28A-19-5(b) by inserting a missing word, to clarify that the subsection applies to unliquidated claims that have "not yet" become absolute.
Amends GS 31B-1(a), which lists the person who may renounce an interest in property, to clarify that the list also includes permissible appointees or takers in default, in addition to appointees.
Amends GS 36C-8-816.1 to replace the term "Code" with "Internal Revenue Code." Further amends (c)(9) to prohibit the terms of a second trust from containing any provisions that would jeopardize any other specific tax benefit for which the first trust was clearly designed to qualify and for which the first trust qualified or would have qualified but for the enactment of the statute (was, any other specific tax benefit for which a contribution originally qualified for income, gift, estate, or generation skipping transfer tax purposes).
Repeals GS 39-33 (concerning the method of release or limitation of a power of appointment with respect to real or personal property exercisable by deed or will), which is no longer necessary because the provisions are contained in a new statute. Makes a conforming repeal of GS 39-34 (which provides that the method of release prescribed in GS 39-33 is not exclusive).
Recodifies GS 39-35 as GS 31D-5-505 and GS 39-36 as GS 31D-4-403.1.
Amends GS 42A-17(a) to require that a vacation rental agreement identify the name and address of the federally insured depository institution (was, the bank or savings and loan association) in which the tenants's security deposit and other advance payments are held.
Amends GS 97-25 by making clarifying changes and replacing the term "electronic mail" with "electronic means."
Amends the catchline of GS 108A-70.21 by removing the reference to the purchase of extending coverage, which is no longer included in the statute.
Amends GS 115C-112.6(b1)(2)d. by removing an unneeded word.
Amends GS 120-4.16 by making an organizational change.
Repeals GS 120-57, which required the Legislative Intern Program Council to promulgate a plan for the use of legislative interns, as the Council no longer exists.
Amends GS 136-41.2(c) by updating a statutory reference.
Amends GS 143-215.31(a1) to correct punctuation.
Amends GS 143-341.2(b)(3) by correcting a spelling error.
Amends GS 143B-168.5 by clarifying that the unit within the Department of Health and Human Services that is responsible for dealing with violations involving child abuse and neglect in child care arrangements is the Division of Child Development and Early Education. Updates a statutory reference for a repealed statute.
Amends GS 143B-394.15 by removing the Secretary of the Department of Public Safety from the membership of Domestic Violence Commission, because the Secretary appears twice. Make additional conforming and technical changes.
Amends GS 143B-931 by updating a statutory reference.
Amends GS 143C-6-4(b) to update statutory references.
Amends GS 146-9(b) by deleting an extra word.
Amends GS 147-12(a) by correcting a reference to a statutory subdivision.
Amends GS 153A-340(h) by deleting duplicate language.
Amends GS 160A-332(a) to make punctuation changes and to update a statutory reference.
Amends GS 160A-372(e) and (f) by making clarifying changes.
Amends SL 2014-107 to add that Section 5.1 of the act, which amends GS 41-23 to provide that the common law rule against accumulations does not apply to trusts created or administered in this state, applies to all trusts created before, on, or after the effective date of the act. Retroactively effective to August 6, 2014.
Makes a clarifying change to the introductory language of Section 54.5(b) of SL 2015-264.
Requires the Revisor of Statues to cause to be printed an explanatory comment to GS 36C-1-112 by the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association. Also requires printing of all explanatory comments of the drafters of Section 12 and 13(b) and (c) as the Revisor deems appropriate.Agriculture, Banking and Finance, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Juvenile Law, Delinquency, Motor Vehicle, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Education, Elementary and Secondary Education, Employment and Retirement, Government, Budget/Appropriations, General Assembly, State Agencies, Department of State Treasurer, State Government, State Property, Tax, Local Government, Health and Human Services, Social Services, Child Welfare, Transportation
Summary date: Mar 1 2017 - View summary
To be summarized.Banking and Finance, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Juvenile Law, Delinquency, Motor Vehicle, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Employment and Retirement, Government, Budget/Appropriations, General Assembly, State Government, State Property, Local Government, Health and Human Services, Social Services, Transportation