TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
House committee substitute, reported in 6/16/11, makes the following changes to 1st edition. Amends the title to read AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION AND TO MAKE OTHER TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES AND SESSION LAWS. Deletes amendments from the 1st edition to GS 135-45.8(13) and 148-132, and deletes the repeal of GS 148-132(5).
PART I. TECHNICAL CHANGES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION
Amends GS 1C-1603, regarding the procedure for a judgment debtor to set aside exempt property. Current law provides that a judgment creditor is responsible for serving notice on a judgment debtor, after the judgment has been entered, advising the debtor of the debtor’s rights. GS 1C-1603(8) provides a form for use in making that notice to a judgment debtor. Provides that the judgment debtor or the debtor’s dependents may claim a total interest in a residence used by the debtor or the debtor’s dependent and/or burial plots for the debtor or the debtor’s dependents in an amount not to exceed $35,000 (was, $18,500). However, makes an exception if the judgment debtor is unmarried and age 65 or older, allowing the debtor to claim a total exemption in the residence and burial plots not to exceed $60,000 (was, $37,000). Provides under subdivision (15) that if the judgment debtor claims residential real or personal property as exempt that is worth less than $35,000 (was, $18,500) or made no claim for a residential exemption under subdivision (8), the debtor is entitled to an exemption of up to $5,000 in any property. Makes additional conforming changes.
Amends GS 7A-304(a)(3a) to provide that monies remitted to the Department of Justice for the supplemental pension benefits of sheriffs are to be administered under the provisions of Article 12H of GS Chapter 143 (was, Article 12G).
Makes technical corrections to GS 15B-11(b1).
Corrects a statutory reference in GS 19A-62(b)(2).
Amends GS 28A-13-6, providing that when there is no governing provision in a will, joint personal representatives may enter into a written agreement, signed by all of them and filed with the clerk of superior court, which allows one or more of the personal representatives to exercise one or more of certain specified powers on behalf of the estate (was, the trust). Also makes a technical correction. Provides that if Senate Bill 432, 2011 Regular Session, becomes law, this provision is repealed on the effective date of Senate Bill 432.
Makes technical corrections to GS 58-70-155(b), GS 143-318.10(a), GS 153A-320, and GS 160A-288.2(d).
PART II. OTHER CHANGES
Amends GS 7B-602(a) and GS 7B-1110.1 to require, in cases of indigence, that the clerk appoint a provisional counsel for each parent named in a filed petition alleging abuse of a juvenile in accordance with the rules adopted by the Office of Indigent Defense Services. Also requires that the clerk indicate the appointment of counsel on the juvenile summons or attached notice.
Amends GS 15A-1345(e) (regarding revoking or extending probation), GS 15A-269(c) (regarding a request for postconviction DNA hearing), and GS 15A-270.1 (regarding the right to appeal the denial of a defendant’s motion for DNA testing) to provide that counsel for indigent persons is to be appointed in accordance with rules adopted by the Office of Indigent Defense Services.
Amends GS 8-34(b), 8-45.1(b), 8-45.3(b), 153A-436(f), and 160A-490(b) to provide that non-erasable, computer-readable storage media may be used (was, shall not be used) for preservation duplicates, as defined in GS 132-8.2 or for the preservation of permanently valuable records as provided in GS 121-5(d).
Amends GS 90-89 to add the following controlled substances to Schedule I: (1) Alpha-Methyltryptamine, (2) 5-Methoxy-n-diisopropyltryptamine, (3) N-Benzylpiperazine, and (4) 2.5-Dimethoxy-4-(n)-propylthiophenethylamine. Amends GS 90-90 to add the following controlled substances to Schedule II: (1) Lisdexamfetamine, including its salts, isomers, and salts of isomers and (2) Tapentatol. Amends GS 90-91(k)5 to make a technical correction.
Amends GS 18C-150, regarding procurements of goods and service for the NC State Lottery Commission (Commission). Directs the Commission to include in all contracts awarded under this statute a standard clause which provides that the State Auditor and internal auditors of the Commission may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance.
Provides that all proposed contracts (was, statewide and agency term contracts) for supplies, materials printing, equipment, and contractual services that exceed $1 million authorized under the provisions of the subsequently noted statutes are to be submitted to the Attorney General or the Attorney General’s designee for review as provided in GS 114-8.3 and that all the awarded contracts are to include a standard clause which provides that the State Auditor and internal auditors of the specified entity may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. Makes these changes to GS 53-320(d) and 53-326(d), 53-391, 53-401, 58-2-69(g), 58-33-30, 58-33-125(e), 58-33-130(a), 58-71-40(d), 63A-24(1), 84-23(d), 89E-5(e), 89F-5(d), and 108A-55(b).
Amends GS 114-8.3 to make conforming changes regarding the Attorney General’s responsibility to review certain contracts. Makes conforming changes regarding contracts for supplies, materials, printing, equipment, and contractual services that exceed $1 million to GS 115D-67.4, 135-43(b), 135-45(d1), 136-28.1(h), 136-89.194(g)(1), 143-48.1(c), 143-49, 143-52.2, 143-134(b), 143-151.16(d), and 143B-131.2(b)(15).
Amends GS 115D-87, as amended, to provide that the term proprietary school does not include institutions licensed under GS 116-15. Effective July 1, 2011.
Repeals GS 131E-34.
Amends GS 143-53.1 to provide that the bid value benchmark prescribed in this statute is as provided in GS 115D-58.14 for community colleges. Effective July 1, 2012.
Amends GS 143B-138.1(a) to remove the Office of Economic Opportunity from the list of entities transferred to and vested in the Department of Health and Human Services by a Type I transfer, as defined in GS 143A-6.
Provides that if House Bill 362, 2011 Regular Session, becomes law, Section 4(a), as enacted by that act, is amended to make it unlawful to hunt deer from any vessel in the Tar River (was, unlawful to hunt) from a defined area.
Provides that if House Bill 442, 2011 Regular Session, becomes law, then Section 3, as enacted by that act, is amended to provide that Section 1 of the act expires July 1, 2018 (was, July 1, 2013).
Provides that if House Bill 650, 2011 Regular Session, becomes law, then GS 14-415.27, as enacted by that act, is amended to provide that a person who is a district attorney, assistant district attorney, or investigator employed by the office of a district attorney and who has a valid concealed handgun permit is not subject to the area prohibitions (was, restrictions and prohibitions) set out in GS 14-415.11(c).
Makes technical corrections to GS 153A-348(c) and GS 160A-364.1(c), as enacted by House Bill 806, 2011 Regular Session, if that act becomes law.
If Senate Bill 781 becomes law, then amends GS 131E-188 to authorize the administrative law judge (ALJ) to make a final decision (was, make his recommended decision) in a contested case heard under Article 3 of GS Chapter 150B to contest a decision of the Department of Health and Human Services (DHHS) to issue, deny, or withdraw a certificate of need or exemption. Makes conforming changes, deleting references to a final decision by DHHS in contested cases. Requires the notice of appeal to be filed with the Office of Administrative Hearings (was, the Division of Health Service Regulation, DHHS) and served on DHHS and other parties to the contested hearing. Provides that bond requirements do not apply to any appeal filed by DHHS.
Amends SL 2009-521 to provide that a cosmetic art shop that practices natural hair care only and submits proof to the Board that the shop is actively engaged in the practice of natural hair care on the effective date of this act has two years (was, one year) from the date of this act to comply with the requirements of GS 88B-14. Makes a conforming change.
Makes additional technical corrections to Section 1.37 and Section 1.43 of SL 2010-87, Section 5 of SL 2010-168, Section 2.5(d) of SL 2011-85, and Section 2 of SL 2011-35.
Unless otherwise indicated, effective when the act becomes law.