AN ACT TO MAKE CHANGES TO FUTURE CRIMINAL LAWS RELATED TO REGULATORY OFFENSES, TO EXTEND THE TIME FOR LOCAL GOVERNMENTS TO REPORT ORDINANCES WITH CRIMINAL PENALTIES, AND TO REQUIRE THE GENERAL STATUTES COMMISSION TO STUDY CURRENT OFFENSES NOT ENACTED BY STATUTE.
House committee substitute to the 2nd edition makes the following changes.
Eliminates the proposed changes to GS 14-4, regarding violations of local ordinances.
Amends proposed GS 14-4.1, making amendments to rules which create a new criminal offense or otherwise subjects a person to criminal penalties subject to GS 150B-21.3(b1), in addition to any rule of the same consequence. Makes the statute applicable to rules adopted on or after January 1, 2020, rather than December 1, 2019.
Eliminates proposed GS 14-4.2, which established criminal notice requirements.
Amends Section 1 of SL 2018-69, which requires all State agencies, boards, and commissions to create a list of all crimes defined by the entity that are in effect or pending legislation, to now require the entities to submit the list to the Joint Legislative Administrative Procedure Overnight Committee by November 1, 2019 (previously, by December 1, 2018; also previously required to report to the Joint Legislative Oversight Committee on Justice and Public Safety). Amends Section 3 of SL 2018-69, which requires all counties, cities, towns, and metropolitan sewerage districts that have enacted ordinances punishable as misdemeanors under GS 14-4 to create a list of punishable ordinances, to now require a county with a population of 20,000 or more, a city with a population of 1,000 or more, or a metropolitan sewerage district that has enacted ordinances punishable as misdemeanors under GS 14-4 to create the list and submit the list to the Joint Legislative Administrative Procedure Oversight Committee by November 1, 2019 (was, December 1, 2018; also previously required to report to the Joint Legislative Oversight Committee on Justice and Public Safety).
Establishes that no ordinance adopted on or after January 1, 2020, and before January 1, 2022, by a county, city, or town required to report pursuant to SL 2018-69, as amended, is subject to the misdemeanor criminal penalty provided by GS 14-4, unless the required report has been submitted by November 1, 2019. Provides that the ordinances can still be subject to civil penalties.
Directs the General Statutes Commission to study the reports received pursuant to SL 2018-69, as amended, and make recommendations regarding whether any currently criminalized conduct by either local ordinances or the Administrative Procedure Code should have criminal penalties provided by a generally applicable State law. Requires the General Statutes Commission to report to the 2020 General Assembly and the specified NCGA committee by May 1, 2020.
Amends GS 93A-8, making it a Class 1 misdemeanor to violate GS 93A-1, which requires real estate broker licensing, rather than any GS Chapter 93A provision. Applies to offenses committed on or after December 1, 2019.
Amends the act's long title.
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