Expands GS 15-11.1(b1)(3) to authorize a judge to order the disposition of a lawfully seized firearm, after notice and hearing requirements are met for disposition, by ordering that the firearm by turned over to be destroyed by the sheriff of the county of seizure, or an authorized agent, if the firearm was used in committing an assault against a law enforcement officer or any other offense that resulted in serious bodily injury or death to the victim (ordering destruction is currently limited to instances where the firearm does not have a legible identification number or is unsafe for use). Makes technical changes. Applies to firearms seized on or after July 1, 2021.
The Daily Bulletin: 2021-03-08
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The Daily Bulletin: 2021-03-08
PUBLIC/HOUSE BILLS
H 234 (2021-2022) ASSAULT LEO/REQUIRE DESTRUCTION OF FIREARM. Filed Mar 8 2021, AN ACT TO REQUIRE THE DESTRUCTION OF SEIZED FIREARMS USED IN COMMITTING AN ASSAULT AGAINST A LAW ENFORCEMENT OFFICER OR ANY OTHER OFFENSE THAT RESULTED IN SERIOUS BODILY INJURY OR DEATH TO THE VICTIM IF THE FIREARM BELONGS TO THE DEFENDANT OR CERTAIN OTHER PERSONS AND THE DISTRICT ATTORNEY REQUESTS DESTRUCTION.
| Intro. by Torbett. | GS 15 |
H 235 (2021-2022) EVIDENCE/DIST. CT SPEEDY TRIALS. Filed Mar 8 2021, AN ACT TO ELIMINATE UNNECESSARY DELAY OF CRIMINAL PROCEEDINGS IN DISTRICT COURT BY PERMITTING THE REMOTE TESTIMONY OF CERTAIN WITNESSES USING TECHNOLOGY AND PROCEDURES THAT PROTECT THE RIGHTS OF DEFENDANTS AND ADVANCE THE EFFICIENT ADMINISTRATION OF JUSTICE.
Includes whereas clauses. States 7 legislative findings regarding a defendant's right to proceedings free from unreasonable delay and testimony of forensic or chemical analysts and witnesses called to establish chain of custody of evidence.
Amends GS 8-58.20 to mandate rather than permit written forensic analysis lab reports to be admissible as evidence in a criminal prosecution, without testimony of the analyst who prepared the report, if the report states the results of the analysis and is signed and sworn to by the person performing the analysis. Amends subsection (g), regarding the procedure for establishing chain of custody of forensic evidence. Current law states that subsection (g) does not preclude the right of any party to call a witness. Adds a new provision to except the right to call an analyst regarding the results of forensic testing and the testimony of each person in the associated chain of custody made available by remote testimony in real time in district court under GS 15A-1225.3, as amended.
Amends GS 15A-1225.3 to require testimony by an analyst regarding the results of forensic testing admissible under GS 8-48.20 as amended, and reported by that analyst, and testimony by each person in the associated chain of custody admissible pursuant to GS 8-58.20 as amended, be permitted by remote testimony in any criminal proceeding in district court. Requires that the State provide a copy of the full lab report package to the defendant's attorney or the defendant if the person has no attorney, and the State give the defendant's attorney, or the defendant if the person has no attorney, 15 business days' prior notice of its intent to introduce testimony regarding the results of forensic testing using remote testimony. Specifies that the new provisions do not determine admissibility in a criminal proceeding in superior court. Makes existing remote testimony requirements applicable to remote forensic analyst testimony and chain of custody witness testimony. States that the statute does not obligate the Administrative Office of the Courts (AOC) or the State Crime Lab to incur expenses related to remote testimony absent a designated appropriation of funds. Makes conforming and clarifying changes.
Makes substantively identical changes to GS 20-139.1, enacting new subsection (c6) to require testimony by a chemical analyst regarding the results of a chemical analysis of blood or urine admissible in any administrative hearing, district or superior court, or juvenile adjudicatory hearings under subsection (c1), and the testimony of each person in the associated chain of custody, admissible under subsection (c3), be permitted by remote testimony in any criminal proceeding in district court. Enacts identical notice requirements for the State as those enacted regarding forensic analysts and chain of custody witness testimony. Requires remote testimony under new subsection (c6) to allow the trier of fact and all parties to observe the demeanor of the remote witness as the witness testifies in a similar manner as if the witness were testifying at the hearing or trial location (identical to remote testimony requirements under GS 15A-1225.3(c) concerning forensic analysts and chain of custody witnesses). Requires full and fair opportunity for examination and cross-examination of the witness. States that the statute does not obligate the Administrative Office of the Courts (AOC) or the State Crime Lab to incur expenses related to remote testimony absent a designated appropriation of funds. Makes conforming changes to except testimony permitted by new subsection (c6) from the stated right of any party to call a witness in any administrative hearing or any court. Makes further conforming and clarifying changes.
Applies to criminal proceedings, administrative hearings, and adjudicatory hearings in juvenile court beginning on or after the date the act becomes law.
H 237 (2021-2022) FUND NEW ROSEWOOD MIDDLE SCHOOL BUILDING. Filed Mar 8 2021, AN ACT TO APPROPRIATE FUNDS FOR THE CONSTRUCTION OF A NEW SCHOOL BUILDING FOR ROSEWOOD MIDDLE SCHOOL IN WAYNE COUNTY.
Appropriates $20 million for 2021-22 from the General Fund to the Department of Public Instruction to be allocated to Wayne County for the construction of a new school building for Rosewood Middle School. Specifies that these funds do not revert at the end of the 2021-22 fiscal year, remaining available until expended or the school building is complete, whichever event occurs first. Effective July 1, 2021.
H 238 (2021-2022) PROHIBIT POSSESSION OF SKIMMING DEVICE. Filed Mar 8 2021, AN ACT TO PROHIBIT THE POSSESSION OF CREDIT CARD SKIMMING DEVICES.
Amends GS 14-113.9 to include knowingly possessing, selling, or delivering a skimming device in the offense of financial transaction card theft, punishable as a Class I felony. Excludes employees, officers, and agents of law enforcement agencies, State and federal courts, State, local and federal government agencies and departments, and financial or retail security investigators employed by a merchant, so long as the individual is acting within the scope of the person's official duties. Enacts GS 14-113.8(11) to define skimming device. Applies to offenses committed on or after December 1, 2021.
| Intro. by Torbett. | GS 14 |
H 240 (2021-2022) CRIMINAL BACKGROUND CHECKS/SCHOOLS. (NEW) Filed Mar 8 2021, AN ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR INITIAL CHARTER BOARDS OF DIRECTORS AND SCHOOL PERSONNEL LICENSURE AND TO REVISE THE PROCESS FOR CRIMINAL HISTORY CHECKS FOR PUBLIC SCHOOL UNITS.
Amends GS 115C-390.1, which sets out the defined terms used in Article 27, which governs discipline in elementary and secondary education. Adds the defined term public school unit board (board), defining the term to mean the governing entity of a public school unit. Expands the Article to govern public school unit boards, rather than local boards of education. Makes conforming changes to the following defined terms: alternative education services; educational property; principal; school personnel; and superintendent. Makes conforming changes throughout the Article to reflect the change in the Article's scope to include public school unit boards.
Amends GS 115C-390.2(a), which requires the adoption of student conduct policies and establishing procedures for school officials to follow when disciplining students. Adds a new requirement for boards to consult with teachers, school-based administrators, parents, and local law enforcement agencies in adopting their policies and establishing their procedures. Additionally requires boards to review current federal guidance prior to adopting their policies. Makes the changes to subsection (a) applicable to material changes to policies existing on July 1, 2021, or new policies adopted on or after July 1, 2021.
Makes changes to the remainder of GS 115C-390.2 as follows. Requires each board to provide the Department of Public Instruction (DPI) with a copy of its most up-to-date student discipline by September 1. Eliminates existing language that includes examples of conduct that would not be deemed to be a serious violation, including the use of inappropriate or disrespectful language, noncompliance with a staff directive, dress code violations, and minor physical altercations that do not involve weapons or injury. Adds to the policies, procedures and rules each board must publish and make available to each student and his or her parent at the beginning of each school year and upon request, to include the full range of responses to violations of disciplinary rules, including responses that do not remove a student from the classroom or school building. Authorizes boards to require students and parents or guardians to sign an acknowledgement that they have received a copy of the policies, procedures, and rules. Specifies that neither the statute nor GS Chapter 115C regulates a board's discretion to devise, impose, and enforce personal appearance codes.
Applies beginning with the 2021-22 school year.
| Intro. by Torbett. | GS 115C |
H 241 (2021-2022) FUND NBPTS CERTIFICATION FEE/PILOT. Filed Mar 8 2021, AN ACT TO ESTABLISH A PILOT PROGRAM TO PROVIDE FORGIVABLE LOANS FOR TEACHERS IN CERTAIN SCHOOLS TO OBTAIN NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION.
Directs the Department of Public Instruction (DPI) to establish a pilot program for forgivable loans to teachers employed in a qualifying public school during the 2021-23 fiscal biennium to finance the participation fee cost for National Board for Professional Teaching Standards (NBPTS) certification. Defines public school to include charter schools, regional schools, and schools operated by the State or UNC. Defines qualifying public school to mean a public school that is (1) identified as a low-performing school; (2) identified as an innovative school; or (3) enrolled a student body in the school year prior to the teacher's application consisting of at least 10% of students identified as at-risk, as specified.
Requires teachers to apply to DPI during the fiscal biennium, and directs DPI to develop criteria and guidelines for program administration including four specified requirements, such as priority based on school need, and loan forgiveness for a teacher who completes the NBPTS certification process, regardless if the teacher actually receives certification, if the teacher remains at the qualifying public school for at least four years from the date the teacher completes the process. Provides for loan forgiveness for teachers who are unable to remain teaching in a qualifying public school for at least four years from the date of certification or who do not complete the certification process due to death, newly acquired disability, illness, the death or catastrophic illness of an immediate family member, parental leave, or other extraordinary circumstances, as specified.
Requires DPI to annually report to the specified NCGA committee beginning January 15, 2022, on the impact of the program, including specified content, for each year in which appropriated funds remain available. Appropriates $400,000 from the General Fund to DPI for the 2021-22 and 2022-23 fiscal years; requires the funds to remain until expended.
Effective July 1, 2021.
| Intro. by Elmore, Clemmons, Hurley, Torbett. | APPROP, UNCODIFIED |
The Daily Bulletin: 2021-03-08
PUBLIC/SENATE BILLS
S 191 (2021-2022) THE NO PATIENT LEFT ALONE ACT. Filed Mar 8 2021, AN ACT PROVIDING PATIENT VISITATION RIGHTS WILL NOT BE IMPACTED DURING DECLARED DISASTERS AND EMERGENCIES AND DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPOSE A CIVIL PENALTY FOR ANY VIOLATION OF THOSE RIGHTS.
Includes whereas clauses. Names the act "The No Patient Left Alone Act."
Enacts GS 131E-79.3 to require licensed hospitals to ensure the opportunity for at least one visitor to visit an admitted patient during a period in which a disaster, emergency, or public health emergency has been declared, subject to the facility's normal visitation policy (defined as the policy that was in effect at a facility on January 1, 2020). Requires that at least one parent, guardian, or person standing in loco parentis be allowed the opportunity to visit and be present while a minor is receiving hospital care, subject to custody orders or custody agreements. Requires the minor's visitor to have access to a waiting area when the visitor cannot be in the room with the minor patient due to a medical procedure or other reason. Requires that one immediate family member, defined as a spouse, child, sibling, parent, grandparent, grandchild, or the spouse of an immediate family member, have the opportunity to visit an admitted adult patient, subject to the facility's normal visitation policy, as defined. Specifies that immediate family member includes stepparents, stepchildren, stepsiblings, and adoptive relationships. Provides that these statutory rights cannot be terminated, suspended, or waived by the hospital, the Department of Health and Human Services (DHHS), or the Governor upon a disaster or emergency declaration. Prohibits requiring patients to waive these statutory visitation rights. Authorizes licensed hospitals to require a visitor to submit to health screenings, or restrict a visitor who does not pass a health screening requirement or who tests positive for an infectious disease. Allows hospitals to require visitors to adhere to infection control procedures, including wearing personal protective equipment. Mandates that licensed hospitals post informational materials developed by DHHS explaining these statutory rights.
Enacts the following statutes, making the patient visitation rights and facility responsibilities specified in new GS 131E-79.3 apply to licensed nursing homes and combination homes, licensed hospice care facilities, licensed adult care homes and special care units, and licensed residential treatment facilities, respectively: GS 131E-112.5; GS 131E-207.5; GS 131D-7.5; and GS 122C-32.
Requires DHHS to develop and disseminate to each described facility free informational materials explaining the enacted statutory rights.
S 195 (2021-2022) DESIGNATE OFFICIAL STATE SPIDER. Filed Mar 8 2021, AN ACT ADOPTING THE LINVILLE CAVERNS SPIDER AS THE STATE'S OFFICIAL SPIDER.
Includes whereas clauses.
Enacts GS 145-52 to adopt the Linville Canverns spider as the official state spider of North Carolina.
| Intro. by Hise. | GS 145 |
S 196 (2021-2022) GSC SALE OF PROPERTY AMEND/DELAY PROSEC SPLIT. (NEW) Filed Mar 8 2021, AN ACT TO (I) UPDATE THE MAILING METHOD OF NOTICE TO A JUDGMENT DEBTOR OF AN EXECUTION SALE OF REAL PROPERTY, (II) CLARIFY THE EFFECTS OF A DEFAULT BID IN PRIVATE JUDICIAL SALES AND PUBLIC OR PRIVATE PARTITION SALES, (III) AMEND THE TAX FORECLOSURE STATUTES AND MAKE TECHNICAL CHANGES, (IV) MAKE AMENDMENTS AFFECTING THE VALIDITY OF NOTARIAL ACTS, (V) MAKE AMENDMENTS AFFECTING REAL PROPERTY, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND (VI) TO DELAY THE REASSIGNMENT OF DISTRICT 36, BURKE, CALDWELL, AND CATAWBA COUNTIES, INTO TWO SEPARATE PROSECUTORIAL DISTRICTS.
Part I.
Amends GS 1-339.54 concerning the 10 days' notice required prior to the execution sale of a judgement debtor's real property. Changes the method of notice required for a judgement debtor not found in the county to now require the sheriff to send a copy of the notice of sale by registered mail or certified mail, return receipt requested (previously, registered mail only) to the judgement debtor at the judgement debtor's last known address. Maintains service requirements specified for judgement debtors not found in the county. Makes additional clarifying changes. Makes language gender neutral. Applies to executions issued on or after October 1, 2021.
Part II.
Enacts GS 1-339.36(c) to establish that the liability provisions of subsections (e) and (f) of GS 1-339.30 apply to a defaulting bidder in a private judicial sale of real or personal property. Makes conforming changes to the caption.
Enacts GS 46A-84.5 to permit any party to a partition proceeding or an officer designated to make the sale to petition the court at any time to revoke its order confirming the partition sale if a purchaser defaults on the purchaser's bid. Requires the petitioner to service all parties required under Rule 5 of the Rules of Civil Procedure, and serve the purchaser under Rule 4(j) if the purchaser is not a party. If the court finds default and that the purchaser cannot cure the default, requires the court to revoke its order of confirmation and order a resale.
Makes a technical change to GS 46A-83 to refer to service (rather than delivery of a copy) of a petition for revocation of an order confirming the partition sale of real property properly made within 15 days of entry pursuant to the statute's provisions.
Applies to actions or proceedings pending on or commenced on or after the date the act becomes law.
Part III.
Makes the following changes to GS 105-374, concerning authorized foreclosure actions in the nature of an action to foreclose a mortgage. Maintains that taxing units can proceed under the statute on the tax lien created by GS 105-355(a). Eliminates language that allows taxing units to proceed under the statute for tax liens acquired at a tax lien sale held under former GS 105-369 prior to July 1, 1983, with or without a lien sale certificate (the statute has since been amended to provide for advertisement of tax liens). Clarifies that costs include a commissioner's fee of up to 5% of the purchase price for foreclosure actions in which the court enters a judgement confirming the sale of real property. No longer includes a commissioner's fee in the cost for redemption in the case of redemption prior to the judgement. Makes clarifying, technical, and organizational changes. Makes language gender neutral. Applies to tax foreclosure actions commenced on or after October 1, 2021.
Amends GS 105-373, concerning settlements of tax collectors. No longer refers to tax sale certificates concerning settlements at the end of a tax collector's term or vacancy during term, and delivery of tax receipts and tax records to the collector's successor. Corrects a statutory reference regarding collection of classified motor vehicle taxes. Makes clarifying, technical, and organizational changes. Makes language gender neutral.
Amends GS 105-378, concerning the limitations of remedies for counties and municipalities for tax collection or lien enforcement. No longer refers to tax sales certificates. Makes clarifying and technical changes.
Part III is effective October 1, 2021.
S 197 (2021-2022) GSC TRUSTS & ESTATES AMENDMENTS. Filed Mar 8 2021, AN ACT TO (I) REMOVE THE LOCATION REQUIREMENT FOR HOLOGRAPHIC WILLS TO ALIGN NORTH CAROLINA WITH ALL OTHER STATES RECOGNIZING HOLOGRAPHIC WILLS, (II) UPDATE THE DEFINITIONS OF "TERMS OF A TRUST" AND "TRUST INSTRUMENT" AND REVISE THE ARTICLE ON POWER HOLDERS OF TRUSTS, AND (III) CLARIFY THE TRUST EXCLUSION TO THE RULE AGAINST PERPETUITIES AND MAKE TECHNICAL CHANGES IN THE SURROUNDING LANGUAGE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Part I.
Amends GS 31-3.4 to no longer require a holographic will to be found after the testator's death among the testator's valuable papers or effects, or in a safe deposit box or in the possession or custody of a person or firm where or which it was deposited by or for the testator.
Makes conforming changes to GS 28A-2A-9 to no longer require a witness to testify to a statement of facts showing that the will was found after the testator's death in order for holographic wills to be probated.
Applies to estates of decedents dying on or after the date the act becomes law.
Part II.
Amends the defined terms set out in GS 36C-1-103 as they are used in the Chapter, the NC Uniform Trust Code. Defines terms of a trust to include the settlor's intent regarding a trust's provisions as established, determined, or amended by a judicial proceeding, a nonjudicial settlement agreement, a nonjudicial modification with the consent of the settlor and all beneficiaries, or a trustee or other person in accordance with law, in addition to those expressed in the trust instrument (previously limited to intent expressed by the trust instrument or established in a judicial proceeding). Simplifies the definition given to trust instrument to define the term to mean an instrument that contains the terms of the trust.
Amends GS 36C-1-105 to provide that the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interest of the beneficiaries, regardless of the terms of the trust, is subject to the trustee's duty under GS 36C-8A-4 when specified duties are conferred upon a power holder. Makes clarifying changes.
Amends GS 36C-8A-1, which sets out defined terms for Article 8A, which governs the powers, duties, and liabilities of a power holder other than a trustee, and the duties and liabilities of a trustee with respect to a power holder's actions. Replaces the definition given for power holder as follows. Defines the term to mean a person that under the terms of a trust has the power to take certain actions with respect to the trust and that is not: a trustee, a settlor with a power to direct or consent, a person in which a donor creates a power of appointment, a person that has authority to consent to the exercise of a power of appointment, or a beneficiary with a power over the trust to the extent the exercise or nonexercise of power affects the beneficial interest of the beneficiary or another beneficiary represented by a beneficiary in that respect. Provides that a power holder can be one or more individuals, one or more other persons each of which is qualified to exercise trust powers in the state, or any combination of those persons.
Amends GS 36C-8A-2, regarding the powers of a power holder. Authorizes a power holder to exercise any further appropriate power to the exercise or nonexercise of a power granted to the power holder by existing law. Subjects the powers granted by the statute to the power holder to the same provisions of GS 36C-8-814 regarding discretionary powers and tax savings applicable to a trustee in a like position and under similar circumstances.
Replaces the provisions of GS 36C-8A-3, regarding the duty and liability of a power holder, as follows. Deems a power holder a fiduciary with respect to the exercise or nonexercise of a power with the same duty and liability (1) as if the power is not held jointly with the trustee or another power holder, as a sole trustee in a like position and under similar circumstances and (2) as if the power is held jointly with the trustee or another power holder, as a co-trustee in a like position and under similar circumstances. Specifies duties and liabilities of a power holder as a trustee in a like position and under similar circumstances, including trustee liabilities, prudent investors, and co-trustees. Requires a power holder to provide information to a trustee or another power holder that is reasonably related to that person's powers and duties. Provides for immunity for breach of trust claims resulting from reliance upon that information. Specifies that a power holder does not have a duty to monitor a trustee or another power holder or inform or give advice to a settlor, beneficiary, trustee, or another power holder concerning an instance in which the power holder might have acted differently than a trustee or another power holder, nor does the power holder assume the duty by taking such action. Authorizes the terms of a trust to specify that a power holder is a nonfiduciary with respect to the exercise or nonexercise of power, including the power to achieve tax objectives. Deems the power to remove and appoint a trustee or power holder to be held in a nonfiduciary capacity, subject to the terms of the trust.
Amends GS 36C-8A-4, concerning the duties and liabilities of a trustee with respect to a power holder. Replaces the duties excluded under subsection (d) with the following. Similar to provisions enacted in GS 36C-8A-3, establishes that a trustee does not have a duty to monitor a power holder or inform or give advice to a settlor, beneficiary, trustee, or power holder concerning an instance in which the trustee might have acted differently from a power holder, nor does the trustee assume the duty by taking such action. Requires a trustee to provide information to a power holder that is reasonably related to their powers and duties. Provides for immunity for breach of trust claims resulting from reliance upon that information. Makes clarifying, technical, and conforming changes.
Enacts GS 36C-8A-4.1 to place the same statute of limitations for an action for breach of trust against a power holder as those that apply for actions against a trustee in a like position and under similar circumstances under GS 36C-10-1005.
Enacts GS 36C-8A-4.2 to provide for three permissible defenses that power holders may use in breach of trust cases, including the same defenses a trustee in a like position and under similar circumstances could assert.
Replaces the provisions of GS 36C-8A-8, regarding the powers of a trustee in the absence of a power holder, as follows. Renames the statute. Provides parameters regarding what happens when a vacancy occurs in the office of the power holder because the power holder fails or ceases to act for any reason. Provides that the vacancy need not be filled if one or more power holders remain in office. Allows for a successor pursuant to the terms of the trust. Specifies that a trustee is vested with any fiduciary power or duty conferred upon the power holder by the terms of the trust during the time when a vacancy occurs (was during the time when no power holder is available to exercise or perform the duty due to absence, illness, or other cause). Allows for court appointment of a power holder when the court considers appointment necessary for trust administration. Provides for successor power holders to succeed to all the powers, duties, and liabilities of the original power holder, unless contrary to the intent of the governing instrument.
Enacts GS 36C-8A-12 to require bonds for the performance of the power holder's duty only if the terms of the trust require the power holder to provide a bond. Specifies statutory provisions applicable to trustees that apply when a bond is and is not required of the power holder.
Requires the Revisor of Statutes to print all explanatory comments of the drafters of Part II as appropriate.
Applies to trusts created before, on, or after the date the act becomes law.
Part III.
Amends GS 41-18, which delineates exclusions from the statutory rule against perpetuities, by adding a new explicit exclusion for a nonvested property interest in or a power of appointment over property or property interests of a trust to which GS 41-23 applies (GS 41-23 governs the suspension of the alienation of trust property). Changes statutory cross-references for the exceptions stated in existing subdivision (8), regarding honorary trusts and trusts for pet care. Makes changes to GS 41-15(a), which states the rule against perpetuities, to no longer except the provisions of GS 41-23, as the provisions are now more specifically provided for in the exclusions set out in GS 41-18, as amended. Effective on the date the act becomes law. Applies to trusts created before, on, or after August 19, 2007.
S 198 (2021-2022) GSC GOOD FUNDS SETTLEMENT/COMM. RECEIVERSHIP. Filed Mar 8 2021, AN ACT TO PROVIDE THAT A SETTLEMENT AGENT MAY DISBURSE SETTLEMENT PROCEEDS IN RELIANCE ON A CHECK DRAWN ON THE ACCOUNT OF OR ISSUED BY A LICENSED MORTGAGE LENDER, TO MAKE AMENDMENTS RELATING TO THE NORTH CAROLINA COMMERCIAL RECEIVERSHIP ACT, AND TO MAKE TECHNICAL CHANGES TO VARIOUS LAWS REGULATING FINANCIAL PRACTICES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Part I.
Amends GS 45A-4 by amending the ways in which a settlement agency can make a disbursement of settlement proceeds from its trust or escrow account in reliance on that deposit, to include a check drawn on the account of or issued by a licensed mortgage lender (was, by a licensed mortgage banker that has posed a surety bond of at least $300,000). Makes additional clarifying changes and updates a statutory cross-reference for the definition of mortgage broker.
Part II.
Amends GS 1-502 to no longer allow appointing a receiver in cases provided in GS 1-507.1 (repealed) and in similar cases regarding foreign corporations' property in this State. Deletes references to previously repealed provisions.
Amends GS 1-504.20 Amends the definition of receivership property to also exclude the debtor's property that is exempt from the enforcement of claims of creditors under GS 131E-91(d)(5) (concerning debts arising from the provision of care by a hospital or ambulatory surgical center). Makes clarifying changes and updates statutory cross-references.
Amends GS 1-507.24 to require a copy of the order appointing a receiver for an individual business debtor or for a limited receiver appointed for an entity, to be provided to the senior resident superior court judge or chief district court judge (was, or the senior district judge) for the court in which the receivership is pending. Makes additional clarifying changes.
Amends the debtor's duties under GS 1-507.30 to include delivering the receivership property in the debtor's possession, custody, or control, to the receiver, immediately upon the receiver's appointment and demand (was, appointment). Makes additional clarifying and technical changes.
Makes clarifying changes to GS 1-507.40 and GS 1-507.42.
Amends GS 46A-28 to allow the court, on application of any of the parties, to make orders related to the appointment of a receiver under GS 1-502(6) (cases involving partition of real property).
Amends GS 53C-9-401 to update statutory cross-references to account for repealed statutes.
Part III.
Amends GS 53-249 by making technical and clarifying changes. Makes language gender neutral.
Amends GS 53-258 by updating statutory cross-references to account for repealed statutes and making conforming changes.
Amends GS 53-277 by updating statutory cross-references to account for repealed statutes and making conforming changes. Makes additional clarifying changes.
Amends GS 53-366 by updating statutory cross-references to account for repealed statutes and making conforming changes. Makes additional clarifying and technical changes.
Amends GS 66-106 by updating statutory cross-references to account for repealed statutes and making conforming changes. Makes additional organizational, clarifying and technical changes.
S 199 (2021-2022) FREEDOM FROM ABUSE. Filed Mar 8 2021, AN ACT TO REQUIRE PUBLIC SCHOOLS TO PROVIDE STUDENTS WITH INFORMATION AND RESOURCES ON CHILD ABUSE AND NEGLECT, INCLUDING SEXUAL ABUSE.
Substantively identical to H 205, filed 3/2/21.
Amends GS 115C-12, which sets out the State Board of Education's (Board) powers and duties, by adding the requirement in (47) that the Board, in consultation with the Superintendent of Public Instruction, adopt a policy that must be implemented by the governing body of each public secondary school, to provide students in grades 6-12 with information on child abuse and neglect, including age-appropriate information on sexual abuse. Specifies that the policy applies at public secondary schools controlled by the Board, including schools for students with visual and hearing impairments. Requires the information to be provided in a document given to students at the beginning of each school year and in a poster displayed in visible, high-traffic areas throughout each school. Sets out the minimum information that must be included. Amends GS 115C-218.75 and GS 115C-238.66 to require charter schools and regional schools, to also implement this policy. Amends GS 116-11(12e) to require the UNC Board of Governors to implement the policy adopted by the Board, as required in GS 115C-12(47), for all public secondary schools under the Board of Governors' control. Amends Section 6 of SL 2018-32 to also make a local board of education with an approved renewal school system plan subject to the requirement in GS 115C-12(47). Applies beginning with the 2021-22 school year.
S 200 (2021-2022) CPS INTAKE SCREENING/PED STUDY. Filed Mar 8 2021, AN ACT TO PROHIBIT COUNTY DEPARTMENTS OF SOCIAL SERVICES FROM IMPLEMENTING CHILD PROTECTIVE SERVICES INTAKE SCREENING CRITERIA THAT IS MORE STRINGENT THAN, OR IN ADDITION TO, STATE POLICY AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAKE VARIOUS POLICY CHANGES AS A MEANS TO IMPROVE THE CHILD PROTECTIVE SERVICES INTAKE SCREENING PROCESS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Enacts new GS 7B-300.1 to prohibit a county department of social services from supplementing child protective services intake screening criteria with county policy that is more stringent than, or in addition to, State policy.
Requires the Department of Health and Human Services, Division of Social Services (Division), to implement a rapid consultation system to provide consultation to counties when making decisions regarding the safety of children. Requires the system to consist of a telephone line that a county worker or supervisor can access at any time when the individual has concerns about the correct screening decision, assessment track, or applicable response time frame for a specific case. Requires Division staff to consult with the individual making the request within 24 hours of receipt; requires at least two Division staff workers to consult on each call for consistency. Requires the Division to implement the system no later than June 30, 2022, and to report to the specified NCGA committee by December 31, 2022.
Requires the Division to periodically assess county department of social services workers' and supervisors' comprehension and correct implementation of State policy and their training needs regarding the screening of reports of alleged child maltreatment. Requires assessment through the use of hypothetical vignettes or other appropriate assessment tools; requires retraining as necessary. Requires the Division to: (1) increase the frequency of intake training; (2) develop an intermediate intake screening course that bridges the gap between newer and more experienced workers; and (3) require county social services workers and supervisors to complete an intake screening training at least every three years. Requires implementing the assessment and training requirements by June 30, 2022, and requires a report to the specified NCGA committee by December 31, 2022.
Requires the Division to consult with the Children's Research Center or a similar organization, in revising the child protective services structured intake form. Requires the form, at a minimum, to ensure it continues to meet federal and State requirements and provides consistency for use statewide. Requires the form to be recertified every five years and requires consultation with the Children's Research Center or a similar organization when State policy changes require modifications to the form. Requires the Division to report, beginning January 1, 2022, to the specified NCGA committee on its process of revising the structured intake form and requires continued reporting every six months thereafter until revisions are complete.
Requires the Division to implement statistically valid program monitoring for county intake screening procedures and establish measurable performance benchmarks. Requires that the benchmarks be measurable, consistent, and applicable in all counties. Requires county data reviews for intake screening to be performed at least annually beginning no later than December 31, 2024. Sets out sampling requirements. Requires the Division to report to the specified NCGA committee beginning June 30, 2022, and continuing each year thereafter until December 31, 2024.
| Intro. by Edwards, Ford, Burgin. | GS 7B |
S 201 (2021-2022) VAR. MOTOR VEH. AND TRANSPORT. LAW CHANGES. (NEW). Filed Mar 8 2021, AN ACT TO MAKE VARIOUS CHANGES TO MOTOR VEHICLE AND TRANSPORTATION LAWS.
Amends GS 20-109.1 concerning the form that an insurer provides to the owner of a salvage vehicle when the owner wants to keep the vehicle, by making the following changes. No longer requires that the owner's signature on the form be notarized. Allows for a manual or electronic signature by the owner and sets out the requirements for an electronic signature. Adds that the Division of Motor Vehicles is not subject to a claim arising from a form with an unverified manual signature or an electronic signature. Effective October 1, 2021.
| Intro. by Sawyer, Johnson. | GS 20 |
S 202 (2021-2022) NO LAPSE, NO PROBLEM. Filed Mar 8 2021, AN ACT MODIFYING THE ACTION TO BE TAKEN BY THE DIVISION OF MOTOR VEHICLES WHEN IT IS NOTIFIED OF A LAPSE IN FINANCIAL RESPONSIBILITY, ALLOWING AN ELECTRONIC NOTICE OF A LAPSE IN FINANCIAL RESPONSIBILITY, CREATING A NEW ACTION BY THE DIVISION UPON PROOF OF SPECIFIC CIRCUMSTANCES, AND REQUIRING THE DIVISION TO CREATE A PLAN TO ALLOW ELECTRONIC RECEIPT OF FORMS FROM INSURANCE COMPANIES.
Amends GS 20-311 by adding the requirement that the Division of Motor Vehicles (DMV) review its records and confirm whether a lapse in financial responsibility has occurred when it receives evidence that the owner of a motor vehicle registered or required to be registered in this state does not have financial responsibility for the operation of the vehicle. Provides that notification to the owner is only required when the review indicates that there is a lapse and now allows the notification to be provided by mail or electronically. Adds that evidence showing that a lapse did not occur includes proof of continuous financial responsibility or a form indicating transfer of title under GS 20-72 (transfer of title by owner) or GS 20-109.1 (surrender of titles to salvage vehicles) before the termination of the liability policy. Makes conforming changes.
| Intro. by Sawyer, Johnson. | GS 20 |
The Daily Bulletin: 2021-03-08
LOCAL/HOUSE BILLS
H 236 (2021-2022) AMEND ORANGE/CHATHAM COUNTY BOUNDARY LINE. Filed Mar 8 2021, AN ACT TO ANNEX TO ORANGE COUNTY CERTAIN DESCRIBED PROPERTY LOCATED IN CHATHAM COUNTY.
Includes whereas clauses. Changes and relocates the boundary line between Chatham County and Orange County so that the described territory is removed from Chatham County and added to Orange County.
Requires that on and after June 30, 2021, all papers, documents, and instruments required or permitted to be filed or registered involving property in the described territory to now be recorded in Orange County. Requires all public records related to property in the described territory that were filed or recorded before June 30, 2021, in Chatham County, remain in Chatham County and makes the records valid public records as to the property involved even though they are recorded in Chatham County, where the property is no longer located. Specifies that any unpaid taxes or tax liens for the fiscal year ending June 30, 2021, or for prior fiscal years on property subject to taxation in the described territory continue to be valid and enforceable by Chatham County. Makes, on and after July 1, 2021, all real and personal property in the described territory that was subject to ad valorem taxation in that area on January 1, 2021, subject to ad valorem taxes in Orange County for the fiscal year beginning July 1, 2021, to the same extent as it would have been had it been located in Orange County on January 1, 2021. Specifies the process and timing for transferring the ad valorem tax listings and valuations, as well as for the listing, assessment, and taxation of the property by Orange County.
Provides that no cause of action, including criminal actions, involving persons or property in the described territory that is pending on the date this act becomes law will be abated by virtue of this act, and those actions will continue in the same county unless changed under some other provision of law.
Effective June 30, 2021.
| Intro. by Insko, Reives, Meyer. | Orange |
H 239 (2021-2022) ADDITIONAL NORTH TOPSAIL OCCUPANCY TAX. Filed Mar 8 2021, AN ACT TO AUTHORIZE AN ADDITIONAL ONE PERCENT OCCUPANCY TAX FOR THE TOWN OF NORTH TOPSAIL BEACH FOR BEACH NOURISHMENT PURPOSES.
Amends Part V of SL 2001-439, which authorizes the North Topsail Beach Board of Aldermen (board) to levy a 3% room occupancy tax under subsection (a). Enacts news subsection (a1), authorizing the board to levy an additional 1% room occupancy tax; conditions levy of the tax under new subsection (a1) upon also levying the tax under subsection (a). Restricts the use of proceeds of the tax levied under new subsection (a1) for the nonfederal partner match requirements for a beach nourishment qualifying project, defined as a beach renourishment project with the Army Corps of Engineers that is estimated to have a total cost of approximately $900 million, consists of an estimated renourishment cycle over a span of approximately 50 years, and requires a nonfederal partner match for a portion of which the town will be responsible.
| Intro. by Shepard. | Onslow |
The Daily Bulletin: 2021-03-08
LOCAL/SENATE BILLS
S 192 (2021-2022) CITY OF HICKORY/PLANNING COMMISSION. Filed Mar 8 2021, AN ACT REPEALING THE LOCAL ACTS ESTABLISHING THE HICKORY REGIONAL PLANNING COMMISSION AND PROVIDING THAT THE CITY OF HICKORY SHALL ESTABLISH A PLANNING COMMISSION AS PROVIDED UNDER THE GENERAL LAWS OF THIS STATE.
Repeals SL 1963-477, as amended, which creates the Hickory Regional Planning Commission, provides for the Commission's organization, powers and duties, and extends the zoning authority of the City of Hickory's governing board.
Directs the City of Hickory to adopt an ordinance providing for the appointment of a planning board, effective July 1, 2021, pursuant to Article 3 of GS Chapter 160D, which governs local boards and organizational arrangements. Effective July 1, 2021.
| Intro. by Proctor, Daniel. | Catawba |
S 193 (2021-2022) CHARLOTTE CITIZENS REVIEW BRD SUBPOENA POWER. Filed Mar 8 2021, AN ACT TO GRANT CERTAIN SUBPOENA POWER TO THE CITY OF CHARLOTTE CITIZENS REVIEW BOARD.
Amends GS 160A-168 to authorize the chair, vice-chair acting as the chair, or majority of the Board to subpoena witnesses and compel the production of evidence in the police disciplinary process, as title indicates. Applies to Charlotte only.
| Intro. by Marcus, Mohammed, Salvador. | Mecklenburg |
S 194 (2021-2022) RE-STAGGER TERMS/ALDERMEN/N.TOPSAIL BEACH. Filed Mar 8 2021, AN ACT TO RETAIN THE STAGGERED TERMS OF MEMBERS SERVING ON THE BOARD OF ALDERMEN IN THE TOWN OF NORTH TOPSAIL BEACH.
Amends Section 3.3 of the Charter of the Town of North Topsail Beach, SL 1989-100, to provide for staggered four-year terms for the Board of Alderman. Establishes four-year terms for the three candidates with the highest number of votes in the 2021 regular municipal election, and two-year terms for the two candidates receiving the next highest votes in the 2021 election. Requires two members to be elected for four-year terms in 2023, and quadrennially thereafter, and three members to be elected for four-year terms in 2025, and quadrennially thereafter.
| Intro. by Lazzara. | Onslow |
ACTIONS ON BILLS
Actions on Bills: 2021-03-08
PUBLIC BILLS
H 81: IN-STATE TUITION PILOT PROGRAM.
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 121: CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 139: SOIL SCIENTIST/ON-SITE WASTEWATER CERT. BD.
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 222: SUDEP AWARENESS WEEK/TRAINING RECOMMENDATION. (NEW)
House: Passed 1st Reading
House: Ref to the Com on State Government, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on State Government, if favorable, Rules, Calendar, and Operations of the House
H 223: BD. OF ARCHITECTS/INTERIOR DESIGNERS.
House: Passed 1st Reading
House: Ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House
H 224: OCCUPATIONAL THERAPY INTERSTATE COMPACT.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House
H 225: PROSEC. DISCRETION/A-G FELONIES/JUVENILES.
House: Passed 1st Reading
House: Ref to the Com on Judiciary 2, if favorable, Families, Children, and Aging Policy, if favorable, Rules, Calendar, and Operations of the House
H 227: MANDATE MISDEMEANOR FIRST APPEARANCE/48 HOURS.
House: Passed 1st Reading
House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
H 228: ATTRACTIVE NUISANCES.
House: Passed 1st Reading
House: Ref to the Com on Agriculture, if favorable, Judiciary 3, if favorable, Rules, Calendar, and Operations of the House
H 230: NC MANAGING ENVIRONMENTAL WASTE ACT OF 2021.
House: Passed 1st Reading
House: Ref to the Com on Commerce, if favorable, Environment, if favorable, Rules, Calendar, and Operations of the House
H 232: LRC STUDY- AFFORDABLE HOUSING.
House: Passed 1st Reading
House: Ref to the Com on Commerce, if favorable, Rules, Calendar, and Operations of the House
H 234: ASSAULT LEO/REQUIRE DESTRUCTION OF FIREARM.
House: Filed
H 235: EVIDENCE/DIST. CT SPEEDY TRIALS.
House: Filed
H 237: FUND NEW ROSEWOOD MIDDLE SCHOOL BUILDING.
House: Filed
H 238: PROHIBIT POSSESSION OF SKIMMING DEVICE.
House: Filed
H 240: CRIMINAL BACKGROUND CHECKS/SCHOOLS. (NEW)
House: Filed
House: Filed
H 241: FUND NBPTS CERTIFICATION FEE/PILOT.
House: Filed
S 56: TRYON PALACE - CAPITAL PROJECT.
Senate: Reptd Fav
S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.
Senate: Reptd Fav
S 114: DES COVID MODIFICATIONS AND TECHNICAL CHANGES.
Senate: Reptd Fav
S 135: IMPROVE ANATOMICAL GIFT DONATION PROCESS.
Senate: Reptd Fav
S 181: REINSTATE EARNED INCOME TAX CREDIT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 182: RESTORE EDUCATIONAL SALES TAX HOLIDAY.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 183: IGNITION INTERLOCK/VARIOUS CHANGES. (NEW)
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 184: PROSTATE CANCER OUTREACH & SCREENING/FUNDS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 185: FUNDS BAILEY SEWER IMPROVEMENTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 186: STRENGTHENING DWI LAWS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 188: BD. OF ARCHITECTS/INTERIOR DESIGNERS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 190: PROHIBIT WEAPONS AT VOTING PLACE.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 191: THE NO PATIENT LEFT ALONE ACT.
Senate: Filed
S 195: DESIGNATE OFFICIAL STATE SPIDER.
Senate: Filed
S 196: GSC SALE OF PROPERTY AMEND/DELAY PROSEC SPLIT. (NEW)
Senate: Filed
Senate: Filed
S 197: GSC TRUSTS & ESTATES AMENDMENTS.
Senate: Filed
S 198: GSC GOOD FUNDS SETTLEMENT/COMM. RECEIVERSHIP.
Senate: Filed
S 199: FREEDOM FROM ABUSE.
Senate: Filed
S 200: CPS INTAKE SCREENING/PED STUDY.
Senate: Filed
S 201: VAR. MOTOR VEH. AND TRANSPORT. LAW CHANGES. (NEW).
Senate: Filed
Senate: Filed
Senate: Filed
S 202: NO LAPSE, NO PROBLEM.
Senate: Filed
Actions on Bills: 2021-03-08
LOCAL BILLS
H 30: TOWN OF SOUTHERN SHORES/EMINENT DOMAIN.
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 35: VARIOUS COUNTY PUBLIC NOTICES.
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 51: EASTERN COUNTIES/PUBLIC NOTICES.
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
House: Serial Referral To Finance Stricken
H 97: ROWLAND CHARTER AMEND/VACANCIES.
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 125: SCHOOL CALENDAR FLEXIBILITY/LENOIR COUNTY.
House: Withdrawn From Com
House: Re-ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House
H 221: EMER. MGT./POWERS/BEAUFORT/CRAVEN/ONSLOW.
House: Passed 1st Reading
House: Ref to the Com on Judiciary 1, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House
H 226: SCHOOL CALENDAR FLEX/MECKLENBURG COUNTY.
House: Passed 1st Reading
House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House
H 229: EXTEND MAYOR'S TERM TO 4 YRS./CAROLINA SHORES.
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Rules, Calendar, and Operations of the House
H 231: ALLOW DURHAM PUBLIC SCHLS TO PROVIDE HOUSING.
House: Passed 1st Reading
House: Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Education - K-12, if favorable, Appropriations, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House
H 236: AMEND ORANGE/CHATHAM COUNTY BOUNDARY LINE.
House: Filed
H 239: ADDITIONAL NORTH TOPSAIL OCCUPANCY TAX.
House: Filed
S 41: REMOVE CERTAIN SATELLITE ANNEXATION CAPS.
Senate: Passed 2nd Reading
S 125: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
S 128: GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW).
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
S 187: SCHOOL CALENDAR FLEXIBILITY/CLEVELAND COUNTY.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 189: SCHOOL CALENDAR FLEX/MECKLENBURG COUNTY.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 192: CITY OF HICKORY/PLANNING COMMISSION.
Senate: Filed
S 193: CHARLOTTE CITIZENS REVIEW BRD SUBPOENA POWER.
Senate: Filed
S 194: RE-STAGGER TERMS/ALDERMEN/N.TOPSAIL BEACH.
Senate: Filed
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