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

Amends proposed GS 39-51 to establish as material the fact of inclusion of real property or any portion thereof being offered for conveyance, rent, or lease in a financially constrained transportation plan, but establishes that the mere fact that the real property or any portion thereof is included in a comprehensive transportation plan that is not financially constrained alone is not material (previous edition did not differentiate between inclusion in a financially constrained transportation plan as a material fact). Makes clarifying changes. 

Amends proposed GS 47E-4(b3) to limit the exemption from disclosure in the owner's residential property disclosure statement to a purchaser to when the real property is included in a comprehensive transportation plan that is not financially constrained (previous edition exempted from disclosure the adoption of a comprehensive transportation plan adopted as specified).

Changes the act's long title.

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

Clarifies that Section 4 of the act, which amends GS 7A-171, applies to all magistrates appointed to office on or or after January 2018.

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

Amends GS 150B-21.3A, concerning the periodic review and expiration of existing rules, to make conforming changes to the definition of public comment to include written comments objecting to an agency's determination of the rule as necessary or unnecessary.

Makes organizational and technical changes to GS 150B-21.3A to combine subsections (e) and (e1), concerning exclusions from the statute's provisions. Makes conforming changes. 

Repeals GS 136­18(12a) (authorizing the creation of a transportation infrastructure banking program). Enacts new Article 21, State Infrastructure Bank, in GS Chapter 136, as follows. Enacts new GS 136­277, which is largely substantively identical to repealed GS 136­18(12a), although the text is reorganized into subsections. New GS 136­277 expands the list of federal laws under which the program may receive funds to also include any federal law authorizing and governing the use of federal funds for such a program.

Enacts new GS 136­278, which establishes a State Infrastructure Bank Oversight Board (Board), composed of the Secretary of the DOT, Secretary of the Department of Commerce, State Treasurer, State Auditor, and State Budget Officer. Makes the Board responsible for reviewing and approving loans or other financial assistance under GS 136­277. Quorum of the board is the majority of the entire board. Directs Board members to elect from among themselves a chair and a vice chair, and to meet at least once every six months. Board members may send a voting designee in their place. Directs DOT to provide a meeting space and secretarial support to the Board. Directs Board to review and approve proposed loans under new GS 136­277. Directs Board to develop guidelines for reviewing and approving loans under new GS 136­277, and to publish guidelines online. Directs the Board to report its activities quarterly to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Transportation Oversight Committee. Authorizes travel and subsistence for Board members.

Effective July 1, 2017, and applies to loans applied for on or after that date.

Amends GS 147­64.6(d) to authorize the State Auditor to make work papers and other supportive material related to an audit or investigation under this statute, unless otherwise prohibited by law, available for inspection by authorized state and federal government representatives. Makes technical changes.

Amends GS 15A­301.1(p) (directing the court to attempt to identify outstanding warrants against a defendant prior to the entry of an order in a criminal case) to apply only when a defendant is in custody. Effective December 1, 2017.

As title indicates.

Postpones implementation of GS 66 Chapter 14A (intends Article 14A, the Assumed Business Name Act) to July 1, 2018 (was, July 1, 2017).

Amends GS 66­71.15 to extend the validity of certificates of assumed name filed under former Article 14 to July 1, 2023 (currently July 1, 2022), and to extend the filing deadline for new certificates of assumed name under Article 14 to July 1, 2018 (currently July 1, 2017). Prohibits the register of deeds from transmitting information regarding withdrawal or transfer of assumed names if the certificate of assumed name was filed before July 1, 2018 (currently July 1, 2017).

Amends SL 2016­100 to make GS 1­69.1(a)(3) go into effect July 1, 2022 (currently July 1, 2021).

Repeals GS Chapter 78C, Article 9 (Uniform Athlete Agents Act). Enacts new GS Chapter 78C, Article 10 (Revised Uniform Athlete Agents Act). The new Article contains provisions that are substantively identical to the previous Article, except as indicated below.

Throughout the act, regulations on actions by or toward covered athletes are expanded to include actions by or toward parents or legal guardians of the covered athlete when the covered athlete is a minor. 

Re­defines athlete agent (expands definition to include (1) individuals who, for compensation, procures or attempts to obtain employment for a covered athlete as a professional athlete or member of a professional sports team, (2) individuals not employed and acting exclusively for an educational institution who, for compensation, advise or manage covered athletes on matters relating to their business career, and (3) individuals who do either of the above in anticipation of representing a covered athlete. Does not include licensed professionals offering services customarily provided by the profession, unless those professionals (1) solicit a covered athlete into an agency contract, (2) for compensation, procures or attempts to obtain employment for the athlete as a professional athlete, or (3) receives compensation for professional services at a different rate from individuals who are not covered athletes. Removes language excluding family members of a covered athlete acting solely on behalf of the athlete). Expands the definition of covered athlete to also include former student athletes.

Defines several new terms, including interscholastic sport (sport played between educational institutions that are not community colleges, colleges, or universities), and recruit or solicit (attempt to influence the choice of an athlete agent by a covered athlete, not including non­compensated advice given in family or coaching situations).

Authorizes the Secretary of State (Secretary) to adopt rules to implement this Article.

Eliminates the provision authorizing a North Carolina attorney to act as an athlete agent without registering.

Expands the requirements for registration as an athlete agent to include (1) the social security number, date, and place of birth, home address, work and mobile telephone numbers, any means of electronic communication, and social media accounts of the applicant, and a list of states in which the applicant is currently registered or licensed as an athlete agent or has applied to be registered or licensed, (2) the mailing address, telephone number, social media accounts, organization form, and nature of business of applicant’s businesses or employers, (3) the name of each athlete who terminated an agency contract or other professional agreement with the applicant, or whose contract was terminated by the applicant, within five years preceding the date of application, (4) information regarding the status of applications for state or federal business, professional, or occupational licenses, status as a defendant or respondent in a civil proceeding, unsatisfied judgments, and bankruptcy petitions within 10 years before the date of application, of specified business associates, (5) the name, date of certification of registration, expiration of certification or registration, date of any denial, suspension, revocation, refusal to renew, withdrawal of, or termination of certification, of any certifying professional league or players association, if applicable, and (6) any additional information required by the Secretary of State. Deletes the requirement of the names and addresses of three individual references, and the provision allowing an applicant who has applied for registration or licensure as an athlete agent in another state to submit a copy of that application in lieu of the prescribed application. 

Authorizes the Secretary to consider, in addition to the previously authorized factors, whether an applicant has been refused renewal of registration or licensure as an athlete agent in any state, in determining whether to issue a certificate of registration.

Authorizes the Secretary to, in addition to the previously authorized penalties, limit a registration of an applicant. Deletes the provision requiring the Secretary to provide notice and opportunity for hearing before denying, suspending, revoking, or refusing to renew a certificate of registration or licensure.

Revises the required form of agency contracts to require a statement that the athlete agent is registered in the State and a list of all other states in which the athlete agent is registered as an athlete agent. Revises the text of the required boldface type notice that must be included in an agency contract. Requires an accompanying separate record signed by the covered athlete acknowledging that signing the contract may result in loss of eligibility to participate in the sport as a student athlete. If the covered athlete is a minor, all forms and contracts must be signed by the athlete’s parent or guardian.

Expands requirements to notify the athletic director of an educational institution to include circumstances in which (1) a covered athlete enrolls in an educational institute subsequent to the creation of an agency contract between the covered athlete and the athlete agent (notice required not later than 72 hours after the athlete agent knows or should have known of the enrollment), (2) a relationship exists between the athlete agent and a covered athlete, which was motivated by the intention to recruit or solicit the covered athlete into a future agency contract, or in which the athlete agent previously recruited or solicited the covered athlete (notice required not later than 10 days after the enrollment), (3) a covered athlete is already enrolled in an educational institution or was recently enrolled, and the athlete agent has not yet communicated with the covered athlete, and plans to do so (notice required before attempted communication), (4) the covered athlete initiates contact with the athlete agent (notice required not later than 10 days after the communication or attempted communication), or (5) an athlete agent knows or should have known of a violation of this Article that could render a covered athlete ineligible to engage in an interscholastic or intercollegiate sport (notice required not later than 72 hours after becoming aware, or before the covered athlete’s next scheduled athletic event, whichever occurs first).

Requires educational institutions that become aware of an athlete agent’s violations of this Article to notify the Secretary and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered.

Deletes the provision waiving an athlete’s attorney­client privilege with respect to records required to be retained by an athlete agent.

Deletes and replaces current section on prohibited conduct. Athlete agents are prohibited from (1) giving materially false or misleading information or making a materially false promise or representation, or furnishing anything of value to a covered athlete or an individual other than the covered athlete, with intent to influence a covered athlete, or encouraging any individual to take the same actions, (2) initiating contact with a covered athlete to recruit or solicit the covered athlete to enter an agency contract, and (3) intentionally failing to create, retain, or permit inspection of required records, failing to register as required, providing materially false or misleading information in an application for registration or renewal of registration, pre­ or post­dating an agency contract, or failing to notify a covered athlete before signing an agency contract that the signing may make the covered athlete ineligible to participate as a student athlete in that sport. Violations of (1) and (2) are Class H felonies, and violations of (3) are Class 1 misdemeanors.

Authorizes a covered athlete, in addition to the previously authorized educational institution, to bring an action for damages against athlete agents if adversely affected by the agent’s violation of this Article. Violations of the Article are unfair trade or deceptive practices for the purposes of GS Chapter 75. Athlete Agents held liable forfeit rights of payment for anything of benefit or value provided to the covered athlete, and shall refund consideration already paid to the athlete agent. Eliminates the provision authorizing actions against former student athletes by educational institutions.

Increases the limit on authorized civil penalty for a violation to $250,000 (currently $25,000). Directs the Secretary to consider 16 mitigating and aggravating factors in assessing a civil penalty, including the degree and extent of harm to the covered athlete and educational institution, the nature of the violation, willfulness, and fraud.

Includes of severability clause. 

Directs the Revisor of Statutes to print, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Revised Uniform Athlete Agents Act (2015) and the explanatory comments of the drafters of this act as the Revisor deems appropriate. 

Effective December 1, 2017 and applies to acts and omissions occurring on or after that date.

Adds a new Article 17, Fair Assessment of Persons with Criminal Histories, to GS Chapter 126. Defines the following terms as they apply in this Article: (1) criminal history means a state or federal history of conviction for a misdemeanor or felony relevant to an applicant's fitness for public employment but does not include a record of arrest that did not result in a conviction; (2) hiring authority means an agent responsible by law for the hiring of persons for public employment; and (3) public employment means any employment, including seasonal or temporary work, where the State or any local political subdivision of the State is the employer.

Prohibits a hiring authority from (1) asking about or considering the criminal history of an applicant for public employment or (2) including such an inquiry on any initial employment application form until the hiring authority has made a conditional offer of employment to the applicant. Declares that this Article does not apply to public employment in positions where the hiring authority is required by law to consider the applicant's criminal record. Provides that nothing in this Article is to be construed to prevent any hiring authority in its discretion from adopting the provisions of this Article.

Prohibits any person from being disqualified for public employment solely or in part because of a previous conviction except as otherwise required by law or if the conviction is determined to be substantially related to the qualifications, functions, or duties of the position after all of the following factors are considered: (1) the level and seriousness of the crime; (2) the date of the crime; (3) the age of the person at the time of conviction; (4) the circumstances surrounding the commission of the crime; (5) the connection between the criminal conduct and the duties of the position; (6) the prison, jail, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed; and (7) the subsequent commission of a crime by the person. Clarifies that an arrest record that did not result in a conviction cannot be the basis for disqualification from public employment.

Requires a hiring authority to inform an individual of a potential adverse hiring decision based on the background check and provide the applicant an opportunity to provide evidence that the report is incorrect or inaccurate.

Specifies criteria governing data to be collected by the Office of State Personnel.

Declares that the provisions of this Article apply to all applicants for public employment. Makes a conforming change to GS 126-5.

Effective when the act becomes law and applies to applications for employment made on or after that date.

Amends GS 1A-1, setting out civil procedure Rule 5 pertaining to service and filing of pleadings and other papers, to establish that the filing of pleadings and other papers with the court as required by the rules of civil procedure must be made by filing them with the clerk of the court, pursuant to the rules promulgated under GS 7A-109 or subsection (e)(2), except as specified (currently, does not clarify filing pursuant to the rules promulgated under GS Chapter 7A or subsection (e)(2)). Provides for filing electronically if rules and procedures are promulgated by the Supreme Court and the Administrative Office of the Courts (AOC) pursuant to GS 7A-49.5 (statewide electronic filing in courts) in addition to GS 7A-34 (rules of practice and procedure in trial courts) and GS 7A-343 (Duties of the Director of the AOC). Adds a provision to establish that failure to affix a date stamp or file stamp to any pleading or other papers filed in civil action or special proceeding do not affect the sufficiency, validity, or enforceability of the document. Makes clarifying change to Rule 58 in GS 1A-1.

Amends GS 28A-9-2, setting forth grounds for summary revocation of letters testamentary, letters of administration, or letters of collection by the clerk of superior court without a hearing, to add when a personal representative or collector is a licensed attorney and the clerk is in receipt of an order entered pursuant to GS 84-28 (attorney discipline and disbarment by the North Carolina State Bar) enjoining, suspending, or disbarring the attorney as grounds for summary revocation by the clerk without hearing. 

Amends GS 35A-1290 to combine existing subsections (b) and (c), setting forth grounds for a clerk to remove an appointed guardian or to take other action sufficient to protect the ward's interests in 16 specified cases (currently, seven specified cases in subsection (b) and nine specified cases in subsection (c)). Additionally, adds the specific case where the guardian is a licensed attorney,  and the clerk is in receipt of an order entered pursuant to GS 84-28 enjoining, suspending, or disbarring the attorney.

Amends GS 30-17, pertaining to when surviving children are entitled to an allowance for the child's support for the year next ensuing the death of the parent, to require the specified allowance to be paid to the child's general guardian or guardian of the estate (currently, to the child's general guardian only), if any, if the child does not reside with a surviving spouse or a surviving parent when the allowance is paid. 

Amends GS 35A-1114, providing for appointment of an interim guardian, to allow the petitioner or guardian ad litem (currently, only the petitioner) to file a verified motion seeking the appointment of an interim guardian at the time of or subsequent to the filing of a petition under Article 1 of GS 35A (petition for adjudication of incompetence). Requires the motion and notice setting the date, time, and place for the hearing to be served promptly on the petitioner, the respondent and on the respondent's counsel or guardian ad litem, and other persons designated by the clerk. Directs the hearing to be held as soon as possible, and in no event later than 15 days after the motion has been served on the respondent. Makes conforming changes. 

Amends GS 35A-1112, concerning a hearing on the petition for the adjudication of incompetence, to allow the clerk to appoint an interim guardian pursuant to GS 35A-1114(d) and (e) on the clerk's own motion at the hearing on the petition if the clerk determines that such an appointment is in the best interests of the respondent. 

Amends 28A-20-1 to allow the clerk of superior court to extend the time for filing the inventory of all the real and personal property of the deceased by the personal representative or collector of an estate. 

Amends GS 28A-21-1 to establish that the annual accounts to be filed by the personal representative or collector required by this statute are due 30 days after the expiration of one year from the date of qualification of the personal representative or collector, or if the fiscal year is selected by the fifteenth day of the fourth month after the close of the fiscal year selected by the personal representative or collector, and annually on the same date thereafter (currently, does not have due date of 30 days after the expiration of one year from the date of qualification).

Amends GS 28A-21-2, providing for the filing of the final account by the personal representative or collector, by adding two new subsections. Requires the personal representative or collector to certify that no estate or inheritance tax return was required to be filed for the estate in the final account filed with the clerk of superior court. Sets forth information the certification must include, and establishes that after being filed and accepted by the clerk of superior court, the certification will be prima facie evidence that the property is free from any State inheritance or State estate tax liability. Applies to estates of decedents who died before January 1, 2013, only. Directs the personal representative or collector to produce vouchers for all payments or verified proof for all payments in lieu of vouchers. Allows for the final account to be filed voluntarily at any time with the approval of the clerk of superior court. Requires the accounting to be reviewed, audited, and recorded by the clerk of superior court in the manner presribed by GS 28A-21-1 in all cases. 

Amends GS 5A-23(b) to make clarifying change to provide that proceedings for civil contempt are before a district court judge, unless a court superior to district court has issued the order, in which case the proceedings are before that court, except when the clerk of superior court has original subject matter jurisdiction and issued the order when the General Statutes specifically provide for the exercise of contempt power by the clerk of superior court. 

Amends GS 15A-305(b) to clarify that an order for arrest can be issued when the common-law writ of arrest has been issuable, including when a person fails to appear after being served with a show cause order in a civil contempt proceeding. 

Amends GS 7A-307 (Costs in administration of estates). Deletes text requiring the assessed cost for the support of the General Court of Justice to be paid when the inventory of the estate of decedents is filed with the clerk. Directs that the fee for additional gross estate value coming into the hands of the fiduciary after the filing of the inventory shall be computed from the information reported in the account. Deletes text requiring facilities fees and General Court of Justice fees to be paid at the time of filing of the first inventory.

Amends GS 7A-64 (Temporary assistance for district attorneys). Adds conflicts of interest to the list of facts required to be shown before the Director of the Administrative Office of the Courts may provide assistance for district attorneys.

Amends GS 7A-343 (Duties of Director). Directs the Director of the Administrative Office of the courts to prescribe uniform administrative and business methods, systems, forms, practices and procedures, and records to be used in the courts (currently there is no direction for practices and procedures, and the direction is only for offices of the clerks of superior court).

Amends GS 122C-268(g) to allow hearings to be held by audio and video transmission between a treatment facility and a courtroom in which the judge and the respondent can see and hear each other.  Directs that if the respondent has counsel, the respondent must be allowed to communicate fully and confidentially with counsel during the proceeding, and that the procedures and type of equipment for audio and video transmission must be approved by the Administrative Office of the Courts.

Amends GS 58-76-15 (Summary remedy on official bond) by removing clerks from the list of officials governed by this statute.

Amends GS 58-76-25 (Evidence against principal admissible against sureties) by removing clerks of courts from the list of officials governed by this statute.

Amends GS 1-110(b) to clarify that the clerk of superior court has the responsibility, nunc pro tunc to date of filing, to serve process upon the defendant when an inmate’s motion to proceed as an indigent is approved by a judge.

Amends GS 1A-1, Rule 3 (Commencement of action) by deleting provisions requiring the clerk to maintain and provide to the senior regular resident judge an index of medical malpractice actions. Makes a technical change.

Amends GS 122C-264 (Duties of clerk of superior court and the district attorney) by deleting subsection (e), which directed the clerk to keep a separate list regarding outpatient commitment.

Amends GS 14-208.12A(a) (allowing sex offenders to petition the superior court to terminate the registration requirement). Adds a provision that, regardless of where the offense occurred, if the defendant was convicted of a reportable offense in any federal court, the conviction is treated as an out-of-state offense for purposes of the statute. Applies to petitions filed on or after the date the act becomes law. 

Amends GS 7B-2901(a), allowing for the destruction of clerks’ records of juvenile abuse, neglect, or dependency cases in accordance with a retention schedule approved by the Director of the Administrative Office of the Courts and the Department of Natural and Cultural Resources.

Amends GS 7B-3000(d), allowing for the destruction of recordings of juvenile records in accordance with a retention schedule approved by the Director of the Administrative Office of the Courts and the Department of Natural and Cultural Resources.

Makes a technical change to GS 7B-6023(b1).

Amends GS 84-2 (Persons disqualified). Clarifies that the specified government officials prohibited from the private practice of law are permitted to perform unpaid pro bono legal services.

To be summarized.

Amends GS 7A-142 to require that vacancies in the office of district court judge be filled for the unexpired term by appointment of the General Assembly (was, by the Governor, with nominees selected by the judicial district's bar). Sets out the process for filing the vacancy depending on whether or not the General Assembly is in session.