Bill Summary for S 124 (2015-2016)

Summary date: 

Jun 21 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 124 (Public) Filed Wednesday, February 25, 2015
AN ACT TO MODERNIZE THE LAW GOVERNING THE USE OF ASSUMED BUSINESS NAMES AND TO MAKE RELATED CONFORMING AND TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, TO CLARIFY HOW THE INDUSTRIAL COMMISSION REFERS MATTERS OF INDIRECT CRIMINAL CONTEMPT TO THE DISTRICT COURT, TO REMOVE CERTAIN PROPERTY FROM THE STATE NATURE AND HISTORIC PRESERVE, AND TO AUTHORIZE THE DELETION OF VARIOUS PROPERTIES FROM THE STATE PARKS SYSTEM.
Intro. by Hartsell.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Amends the act's long and short titles.

Amends proposed GS 66-71.3, definitions, to define assumed business name, in the case of an individual, to mean any name other than a real name of the individual (previously, other than the real name of the individual). Clarifies that the assumed business name, in the case of a partnership other than a limited liability partnership or limited partnership, means any name other than a real name of each of the general partners of the partnership (previously, any name other than the real names of all the general partners of the partnership). Defines assumed business name, in the case of any other person, to mean any name other than a real name of the person (previously, other than the real name of a person). Makes conforming changes to proposed GS 66-71.5(2) (concerning the required contents of an assumed business name certificate), proposed GS 66-71.7(1) (concerning the amendment of a certificate), and proposed GS 66-71.8 (concerning the withdrawal of an assumed business name).

Amends proposed GS 66-71.4, concerning the filing of a certificate, by deleting the language of subsection (b). Instead, provides that a person who engages in business in the State under more than one assumed business name must file an assumed business name certificate for each assumed business name. Prohibits a person from including more than five assumed business names for one assumed business name certificate if the same person is or will be engaging in business under each of the assumed business names listed on the certificate. Adds new subsection (c) to establish that proposed Article 14A (Assumed Business Name Act) of GS Chapter 66 does not apply to a political committee or a referendum committee that has filed a statement of organization with the State Board of Elections or a county board of elections as required by GS 163-278.7 (appointment of political treasurers) or GS 163-278.9A (statements filed by referendum committees), as applicable.

Amends proposed GS 66-71.5 to require an assumed business name certificate to include the nature of the business (previously, the type of business).

Amends proposed GS 66-71.6, concerning the execution of the certificate, to require that, in the case of a corporation or limited liability company, the certificate must be signed in the name of the corporation or limited liability company (1) by an officer of the corporation or a manager of the limited liability company or (2) by another individual authorized by law to act for the corporation or limited liability company (previously, only provided that the certificate must be signed in the name of the person by an individual authorized to act for the person).

Amends proposed GS 66-71.14, concerning the consequences of signing a false certificate or violating new Article 14A, to delete the provision of proposed subsection (b) that allows expenses to be awarded in a civil action, and instead adds the following. Provides that, notwithstanding subsection (b), a person is not liable for expenses caused by an error or ambiguity in describing the nature of the business in an assumed business name certificate under proposed GS 66-71.5 or a certificate of amendment under proposed GS 66-71.7.

Amends proposed GS 66-71.15(a) to provide that all certificates of assumed name filed under former Article 14 of GS Chapter 66 expire July 1, 2022 (previously, July 1, 2021). Amends proposed subsection (c) to provide that no person can file a new certificate of assumed name under former Article 14 of GS Chapter 66 on or after July 1, 2017 (previously, July 1, 2016). Amends proposed subsection (f) to prohibit the register of deeds from transmitting a scanned image to the Secretary of State, or enter any of the information required by proposed GS 66‑71.10 into the central database maintained by the Secretary of State, of any withdrawal or transfer of an assumed name or any amendment to a certificate of assumed name when the certificate of assumed name to which the withdrawal, transfer, or amendment relates was filed before July 1, 2017 (previously, July 1, 2016).

Changes the effective date for Sections 1-9 of the act to July 1, 2017 (previously, July 1, 2016), and provides that Sections 1-9 do not affect a civil action or proceeding commenced or a right accrued before July 1, 2017 (previously July 1, 2016). Additionally, provides that Sections 1-9 become effective only if funds are appropriated by the 2015 General Assembly, 2016 Regular Session, to implement the provisions of GS 66-71.9, as enacted by Section 2. Section 10 is effective October 1, 2016, and applies to proceedings for indirect criminal contempt filed on or after that date.

Amends GS 97-80(h) by adding that to initiate plenary proceedings in district court for indirect criminal contempt, the Industrial Commission must issue and file an order to appear and show cause and, if appropriate, an order for arrest.  Effective October 1, 2016.

Enacts GS 143-260.10H to remove the parcel specified in Gorges State Park from the State Nature and Historic Preserve, and delete the specified parcel from the State Parks System pursuant to GS 143B-135.54. Establishes that the State may only exchange the specified parcel for other property for the expansion of Gorges State Park or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

Enacts GS 143-260.10I to remove the parcel specified in Jockey's Ridge State Park from the State Nature and Historic Preserve.

Enacts GS 143-260-10J to remove the parcel specified in Mitchells Millpond State Natural Area from the State Nature and Historic Preserve and delete the specified parcel from the State Parks System pursuant to GS 143B-135.54. Establishes that the State may only exchange the specified parcel for other property for the expansion of Mitchells Millpond State Natural Area or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

Authorizes the deletion of three parcels, as specified in Section 11(a) of the act, from the State Parks System, pursuant to GS 143B-135.54.  Establishes that the State may only exchange the specified parcel for other property for the expansion of Hanging Rock State Park or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

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