Bill Summary for H 229 (2017-2018)

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Summary date: 

Mar 2 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 229 (Public) Filed Wednesday, March 1, 2017
Intro. by Davis.

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Bill 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of Motor Vehicles, to make a technical change, make language gender neutral, and to update a statutory reference for a repealed statute.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Amends GS 24-10.1 by deleting a reference to a repealed statute.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.