House amendment to the 2nd edition makes the following changes. Clarifies that the act applies to individuals whose term of office as magistrates begin on or after the January 1, 2015, effective date.

House amendment to the 2nd edition makes the following changes. Amends GS 20-139.1 to provide that nothing in the section is to be construed to require the Department of Health and Human Services to issue permits for existing hospital facilities or to reinspect existing hospital facilities beyond what is already required by law.

House committee substitute makes the following changes to the 1st edition.

Amends GS 115C-238.29F(g)to permit charter schools to extend enrollment priority to siblings of currently enrolled students who were admitted to the charter school in a previous school year; to children of the school's principal, teachers, and teacher assistants; or children ofall school employees. Deletes requirement thatcharter schools extend enrollment priority to siblings applying for admission to the charter school at the same time. Provides that if a lottery is needed for enrollment, the charter schoolmay(was, shall)enter one surname into the lottery to represent all of the siblings applying at the sametime. Provides that the charter school may give enrollment priority to the children of the initial members of the charter school's board of directors only for its first three years (was, one year) of operation.

Reinstates provision applying to multiple birth siblings in the event that an enrollment lottery is necessary.Requiresa charter school to enter one surname into the lottery to represent all of the multiple birth siblings applying at the sametime. Provides that if that surname is selected in the lottery, then all of the multiple birth siblings are to be admitted.Identifies a study abroad program and a competitive admissionresidential program as examplesof extraordinary educational opportunities which may cause a student enrolledwithin the previous two years in a charter school toleavethat charter school but nonetheless be considered for priority enrollment when the student returns seeking re-enrollment in the charter school.

Amends GS 10B-20(c5), clarifying that notaries are not disqualified from performing their duties because of their employment by a party to the record or because they own stock in a party of the record to be notarized.

Amends GS 10B-37, making clarifying changes.

Amends GS 10B-55, excluding a personal representative from complying with the requirements of this section, (taking certain steps upon the death of a notary), if he or she provides a sworn statement in any enforcement proceedings that he or she was unaware that the deceased was a notary public at the time of death.

Amends GS 10B-60 by creating a new subsection GS 10B-60(l), providing that the Secretary of State (Secretary) must notify the NC State Bar (State Bar) of any final decision involving a violation of subsection (a) of this section by a notary who is also a licensed attorney-at-law. The Secretary must also endeavor to send copies of court orders rendered under this section to the State Bar in cases where the notary is also a licensed attorney-at-law. Such a referral can be considered as a showing of professional unfitness, and the State Bar can administer discipline as it sees fit.

Amends GS 10B-65, stating that documents that contain notarial errors such as date of acknowledgment, verification, or proof, or the oath or affirmation states the incorrect date, will be given legal effect as if the errors had not occurred. Validates all notary acknowledgments performed before December 1, 2005 (was, January 1, 1953). Section above applies to notarial acts performed on or before April 1, 2013 (was, May 1, 2008).

Amends GS 10B-67 (Erroneous commission expiration date cured) and GS 10B-99 (Presumption of regularity), applying the sections to notarial acts whenever they are performed.

Amends GS 10B-68 (Technical defects cured), making technical changes, expanding the types of technical changes that are cured automatically and do not affect the validity of a document.

Amends GS 10B-69, making notarial certifications contained in a form issued by a state agency prior to April 1, 2013 (was, October 1, 2006) valid, provided it complied with the law at the time of formation.

Amends GS 10B-71, maintaining that any instrument notarized by a notary that failed to take the notary oath again after being recommissioned is held valid. Applies to notarial acts performed on or after May 15, 2004, and before April 1, 2013 (was, July 8, 2009).

Amends GS 41-2, adding a new section GS 41-2(a1), providing that upon conveyance to the trustee of a deed of trust by any or all of the joint tenants holding property in joint tenancy with right of survivorship to secure a loan, the joint tenancy will not be deemed to be severed. Upon satisfaction of the deed of trust, legal title to the property will revert to the grantors as joint tenants with right of survivorship in the respective shares as owned by respective grantors.

Amends GS 47-2.2 (Notary public of sister state; lack of seal or stamp or expiration date of commission), making clarifying and technical changes. Provides that a proof or acknowledgment that does not require a seal or stamp of the notary to be effective must include either a statement by the notary as to such, placed near the proof area, or a reference to the statute of the commissioning state which provides no seal or stamp is required along with a statement. Such an instrument, when proofed and validated in this way, cannot be refused by a register of deeds. Acceptance of such a letter creates a presumption of the validity of such an instrument and that no seal or stamp was required. This presumption is rebuttable.

Amends GS 47-12.2 (Subscribing witness incompetent when grantee or beneficiary), providing that the execution of an instrument may not be proved for registration by a subscribing witness when the subscribing witness is the grantee or beneficiary at the time of execution.

Amends GS 47-14, providing that the acceptance of records with a notarial seal, even though the seal may be illegible, gives rise to presumption of validity of the seal, applies to all instruments filed and maintained by the register of deeds. The presumption is rebuttable, but a court finding otherwise cannot affect the recorded interest in real property when there are enforceable interests.

Amends GS 47-28 (Powers of Attorney), providing that before any transfers of real property executed by an attorney-in-fact empowered by a power of attorney, the power of attorney must be registered. Provides what steps an attorney-in-fact must take depending on the different types of real property transaction taking place, as well as the requirements to record certain powers-of-attorney. Provisions apply to all real property utilizing powers-of-attorney on or after April 1, 2013.

Amends GS 47-36.1 (Correction of errors in recorded instruments), making clarifying and technical changes. Provides that when a correction is inconsistent with the original, notice of the correction is deemed to have been given as of the time of registering the corrective affidavit. For corrective affidavits filed before, on, or after April 1, 2013, makes the following changes. Limits the need for an affidavit in times where an instrument is unchanged but re-recorded. A notary public can complete a corrective affidavit identifying the correction and may attach a new acknowledgment, with no change in priority occurring.

Amends GS 47-41.2, 47-48, 47-50, 47-50.1, 47-51, 47-53, 47-53.1, 47-64, 47-71.1, 47-72, 47-92, 47-93, 47-94, 47-97, 47-97.1, 47-102, 47-108.6, and 47-108.11, making clarifying and technical changes. Primarily changes any applicability dates included in the sections to April 1, 2013.

Amends GS 47-81.2 (Before United States Army etc., officers, and other service members), establishing that instruments or writings that have been proved or acknowledged before any commissioned officer of the Army, Navy, Air Force, Marine Corps, Coast Guard, or specified officer of the Merchant Marine (was, only Army or Marine Corps) are ratified, confirmed, and declared valid. Proofs and acknowledgments by any military personnel authorized by Congress are ratified, confirmed, and declared valid and will not require a seal or any affixation thereof.

Amends GS 47-95 (Acknowledgments taken by notaries interested as trustee or holding other office) to change the date to prior to October 1, 1991 (was, January 1, 1975).

Amends GS 47 by adding new section GS 47-108.18A (Registration of certain instruments containing a notarial acknowledgment) and GS 47-108.18B (Registration of certain instruments containing a notarial jurat), providing that notarial acknowledgments constitute a jurat in due form for all instruments that have so far been accepted for filing and registration or are now accepted for filing and registration under this Chapter or which relate to real estate in this state. In addition, a notarial jurat constitutes an acknowledgment in due form for all instruments that have so far been accepted for filing and registration or are now accepted for filing and registration under this Chapter or which relate to real estate in this state.

Amends GS 47-108.20 to make the statute applicable to instruments recorded before April 1, 2013 (was, June 30, 1986).

Above provisions are effective April 1, 2013.

Amends GS 45-36.9, making clarifying and technical changes.

Amends GS 45-36.14, creating new subsection GS 45-36.14(d), providing that a satisfaction agent does not have to give notification described in this section if (a) the creditor has authorized the agent to sign and submit an affidavit of satisfaction, (b) the agent had in his or her possession the instruments described in specified subsections of GS 45-36.15, or (c) the agent has been unable to determine the identity of the secured creditor.

Amends GS 45-36.15 (Affidavit of satisfaction: authorization to submit for recording), making clarifying and technical changes. Expands the situations in which a satisfaction agent may sign and submit an affidavit of satisfaction when the agent has reasonable grounds to believe the secured creditor has received full payment or performance and one of the following apply: (1) the secured creditor has not submitted for a recording a satisfaction of a security instrument within the specified time frame; (2) the secured creditor has authorized the satisfaction agent to sign and submit an affidavit of satisfaction; (3) the satisfaction agent has in his or her possession the original security instrument and the original bond, note, or other instrument secured thereby with an endorsement of payment and satisfaction by one of the specified entities; (4) the satisfaction agent has in his or her possession the original security instrument intended to secure payment of money or the performance of any other obligation, together with the original instrument secured, or the original security instrument only if it sets forth the obligation and does not call for another instrument secured by it, if the instruments are more than 10 years old at the time the affidavit of satisfaction is to be signed; (5) the satisfaction agent has in his or her possession the original security instrument given to secure the bearer or holder of any negotiable instruments transferable solely by delivery, marked paid and satisfied in full and signed by the bearer or holder thereof; (6) after diligent inquiry, the satisfaction agent has been unable to determine the identity of the secured creditor.  Provides that the satisfaction agent cannot submit for recording a security instrument  for an affidavit of satisfaction without giving notice to submit of recording an affidavit of satisfaction to the identified assignees at the identified address and complying with GS 45-36.14.

Amends GS 45-36.16 (Affidavit of satisfaction: content), providing several new requirements that an affidavit of satisfaction's content can or must meet in order for it to be deemed a valid affidavit of satisfaction.

Amends GS 45-36.17 (Affidavit of satisfaction: form), making several conforming, clarifying, and technical changes to the affidavit of satisfaction form.

Amends GS 45-36.18 (Affidavit of satisfaction: effect), making clarifying and technical changes.

Amends GS 45-36.19 (Liability of satisfaction agent), providing that a satisfaction agent that erroneously records or submits for recording an affidavit of satisfaction of a security instrument is not liable if the agent properly complied with this Article, gave notification to the secured creditor in the manner prescribed by GS 45-36.14, and responded to the notification in a timely manner.

Amends GS 45-36.24, making clarifying and technical changes.

Part 1 of this bill, or up to GS 47-108.20, becomes effective April 1, 2013. The remainder is effective when it becomes law.

Adds new Article 6, Facilitation of Rapid Response by Businesses to States of Emergency, to GS Chapter 166A to provide a limited exemption for out-of-state businesses performing disaster or emergency-related work during the applicable disaster periodfrom anyNorth Carolina taxes andlicensing or registration requirements. The exemptionis from (1) all state or local business licensing or registration requirements; (2)state and local taxes or fees, including: unemployment insurance,state or local occupational licensing fees,sales and use tax,ad valorem tax on equipment used or consumed during the disaster period; or (3) Secretary of State licensing and regulatory requirements.

Also provides a limited exemption for out-of-state employeesperforming disaster or emergency-related work during the applicable disaster period from income taxes and other state or local taxes as specified in this Article.

Makes an exception to require out-of-state businesses and out-of-state employees to pay transaction taxes and fees, unless those taxes are otherwise exempted during the applicable disaster period.

Provides that this section does not apply after the disaster period expires and any out-of-state business or employee electing to remain in North Carolina after the applicable disaster period will be subject to the state's normal standards for establishing presence, residency, or doing business in the state.

Requires an out-of-state business entering the state to perform disaster or emergency-related work to provide notice to the Department of Revenue of its presence for those purposes on a form as prescribed by the Secretary of Revenue. Also requires a business registered in this state to provide the same required notice for any affiliate of that registered business that enters the state as an out-of-state business. Directs the Department of Revenue to adopt rules implementing the provisions of this Article.

Defines the following terms as they apply in this Article: (1) disaster or emergency-related work, (2) disaster period, (3) infrastructure, (4) out-of-state business, (5) out-of-state-employee, (6) registered business, and (7) state of emergency.

Amends GS 55-15-01 to extend the provisions of proposed Article 6 to apply toforeign corporations and provide that a foreign corporation is not considered to be transacting business in this state if it engages in providing disaster or emergency-related relief during the applicable disaster period. Amends GS 57C-7-02 to extend the provisionsof Article 6 to also apply to a foreign limited liability corporation.

Makes conforming changes to GS 105-125(a) (tax exemptions), GS 105-130.16 (returns), andGS 105-152 (income tax returns). Effective for taxable years on or after January 1, 2013.Makes a conforming change to GS105-275 (property excluded from the tax base), effective for taxes imposed for taxable years beginning on or after July 1, 2013.

Includes a series of whereas clauses stating the policy reasons that are the impetus for this act.

Except as otherwise provided, this act is effective when it becomes law.

Requires that $3 million of the funds appropriated to Forsyth Technical Community College (College) in 2005-06 for construction of the Center for Emerging Technologies be transferred to the state treasurer to a specified budget code, to be administered by the NC Community Colleges System Office (Office). Requires the Office to allocate up to $300,000 of the funds each fiscal year to the College, until the funds are expended, for the operating costs of the College's biotechnology, nanotechnology, design, and advanced information technology programs; Small Business Center; and corporate and industrial training programs. Prohibits additional state funds from being made available to the College for those purposes. Effective July 1, 2013.

Amends GS 18C-162 to add to the guidelines followed in allocating revenues to the North Carolina State Lottery Fund, to require that at least 4% be used for books, information technology, and school supplies to be distributed to local education agencies and charter schools on an average daily membership basis. Makes a conforming 4% reduction in the total annual revenues that are to be allocated for payment of lottery expenses and reduces the amount that may be spent on advertising to 0.5% of the total annual revenues. Also amends the allocation of unclaimed prize money to require that 50% be distributed for books, information technology, and school supplies for distribution to local education agencies and charter schools (was, 50% be used to enhance prizes). Effective July 1, 2013.

Enacts new GS 105-129.16K to establish a $1,000 tax credit for each employed apprentice for a taxpayer employing an apprentice under an apprenticeship agreement registered with the Apprenticeship and Training Bureau of the Department of Labor. The credit is allowed only if the apprentice was in the taxpayer's employ for at least seven months of the taxable year and allows the credit for an individual apprentice for up to four taxable years. Requires that written certification be made in order to claim the credit. Effective for taxable years beginning on or after January 1, 2014.

Amends GS 7A-37.1(c), clarifying that court-ordered arbitration can be employed in civil actions in district courts (previously, only allowed for amounts in controversy less than $15,000).

Amends GS 7A-305(a)(2), making technical and clarifying changes to provide that the party filing the notice of designation or motion for discretionary complex business designation pays the specified fees. Effective January 1, 2014.

Amends GS 7A-305(a5), adding third-party complaints to the list of pleadings and their associated costs found therein. Deletes the additional $1,000 fee for cases assigned to a special superior court judge as a complex business case. Makes clarifying and technical changes.

Amends GS 7A-305(f), 7A-306(g), and 7A-307(a)(4), providing that a motion filed pursuant to GS 1C-1602 or GS 1C-1603 will have no costs associated with it. Effective July 1, 2014, and applies to pleadings filed on or after that date.

Amends GS 7A-317, providing that counties and municipalities are required to advance all costs and fees except for the civil process fees found in GS 7A-311. Provides that the Administrative Office of the Courts may withhold the amount of court costs and fees from facilities fees due the county when a county agency does not pay corresponding court costs and fees within 30 days of the date of filing the action.

 

 

Amends GS 14-111.4 to make it a Class 1 misdemeanor to knowingly misuse the 911 system (was, a Class 3 misdemeanor, with a Class 1 misdemeanor to knowingly access or attempt to access the 911 system to avoid a charge for voice communications service that exceeds $100). Effective for offenses committed on or after December 1, 2013.

Amends GS 136-18 to add the following to the Department of Transportation's (DOT) powers: (1) entering into agreements with municipalities, counties, and other governmental entities for the use and encroachment on the right-of-way of any road that is a part of the state highway system and (2) approve agreements between utilities and municipalities, counties, and other public entities to use and encroach upon utility easements previously granted to the utility by DOT.

Establishes the 15-member Joint Legislative Study Commission on Prescription Drug Abuse by Students (Commission) to study prescription drug abuse among high school and college students and to make recommendations to curtail or reduce use. Requires six members to be appointed by the Speaker of the House of Representatives and six appointed by the President Pro Tempore of the Senate. Additional members are the UNC President or designee, NC Community College System President or designee, and the Chairman of the State Board of Education or designee. Enumerates issues to be studied by the Commission. Provides for the assignment of staff, meeting location, and expenses. Requires the Commission to submit a final report to the 2014 Regular Session of the 2013 General Assembly and terminates the Commission upon the earlier of filing the final report or the convening of the 2014 Regular Session.

Establishes the Study Commission on Regionalization Conformity (SCRC) as well as seven geographical uniform administrative regions across the state (in new GS 143B-28.1), in which agency regional offices and services will be consolidated to create a one-stop source for citizens and businesses seeking services. Each county in the state will be assigned to a region.

Requires the Department of Transportation (DOT) and the Department of Environment and Natural Resources (DENR) to develop a plan to align their administrative regions with the newly created regions. Establishes elements that are to be included in the plan, including the steps necessary to create efficient, economical, and user friendly one-stop regional services for citizens and businesses and a timeline for completing a plan. Requires DOT and DENR to jointly report on the plan to the chairs of the House Appropriations Committee and the cochairs of the Senate Appropriations/Base Budget Committee by June 1, 2013. Requires that the plan be implemented by July 1, 2013, and that quarterly reports on implementation must be made on specified dates to the SCRC, the Joint Legislative Transportation Oversight Committee, and the Environmental Review Commission. Requires DOT and DENR to use available funds to carry out the requirements.

Requires the Department of Commerce (DOC) to study and make recommendations on how the four regional economic development commissions created in GS Chapter 158 and the three regional economic development partnerships may be most efficiently and economically aligned with the newly created regions, as well as ways the programs and activities of the four regional economic development commissions and the three regional economic development partnerships can be coordinated with those of the DOC and other agencies to create one-stop regional services. Requires DOC to report to the SCRC by September 1, 2013, and use funds otherwise available to conduct the study.

Establishes the eight-member SCRC, with four Senators appointed by the President Pro Tempore of the Senate and four Representatives appointed by the Speaker of the House. The SCRC will meet at the call of the appointed cochairs. SCRC members will receive per diem, subsistence, and travel allowances.

The duties of the SCRC will be to review DOC's recommendations and other relevant information. Requires the SCRC to recommend a plan for aligning the seven regional commissions and partnerships with the newly established regions to the 2014 Regular Session of the 2013 General Assembly. Also allows the SCRC to take on other specified duties. Requires the SCRC to report the results of its study to the 2014 Regular Session of the 2013 General Assembly, at which time the SCRC terminates.

Identical to S 224, filed 03/6/13.

Amends GS 103-2 to allow a person to hunt on privately owned land on a Sunday if it is the person's own property or if the person has written permission from the property owner. Makes a conforming change.