Bill Summary for H 1072 (2019-2020)

Summary date: 

May 14 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 1072 (Public) Filed Thursday, May 14, 2020
AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS AND TO PROVIDE THAT THE REGISTER OF DEEDS DOES NOT NEED TO VERIFY THE CAPACITY OR AUTHORITY OF THE PERSON LISTED AS THE DRAFTER OF A DEED OR DEED OF TRUST, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Davis.

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Bill summary

Amends GS 28A-2-6, regarding transfers of estate proceedings, to consistently refer to "estate proceeding" rather than "trust" throughout.

Amends GS 36C-8B-13, regarding special-needs fiduciary authority, to no longer specify that the fiduciary's decanting power is subject to expanded distributive discretion.

Changes the title of Article 49, GS Chapter 58, to no longer include the regulation of multiple employer welfare arrangements.

Makes technical changes to statutory cross references in GS 58-50-40, GS 58-51-55, GS 58-65-90, and GS 58-67-75. Makes technical change to GS 58-50-115.

Corrects an Article cross-reference in GS 58-50-61.

Changes the title of GS 58-50A-60.

Corrects an internal subsection cross-reference and makes technical and clarifying changes to GS 75A-5.

Corrects a state agency name in GS 136-44.2E.

Amends SL 2018-80 to change the effective dates of Section 2.1 of the act (amending GS 47-17.1 concerning the designation of draftsmen of registered documents) to July 1, 2020, applicable to deeds and deeds of trust presented for registration on or after that date, and Section 2.2 of the act (amending GS 47-18.3 concerning the execution of corporate instruments) to July 1, 2020, applicable to all instruments entered into on or after that date. Both Sections 2.1 and 2.2 of the act are effective as of June of 2018 under the existing effective date provisions of SL 2018-80.

Amends GS 47-17.1 to no longer require the register of deeds to verify or make inquiry concerning the capacity or authority of the person or entity shown as the drafter on the instrument (thereby eliminating language added by SL 2018-80).

Amends SL 2019-113 to require the Revisor of Statutes to print all explanatory comments of the drafters of Sections 5 and 6 of the act at the discretion of the Revisor. Sections 5 and 6 amend GS 36C-2-203 and GS 36C-4-411 concerning modification of a trust to remove and replace trustees.

Repeals Section 4(c) of SL 2019-158, which amended GS 15A-151.5 to include expunction records of certain offenses committed by human trafficking victims among the confidential files that the Administrative Office of the Courts must make electronically available to prosecutors if expunged after July 1, 2018, effective December 1, 2019, and applicable to petitions filed on or after that date. Instead, amends GS 15A-151.5 to enact an identical provision, effective retroactively to December 1, 2019 (with no scope of application provided).

Makes a technical change to the introductory language in Section 3(e) of SL 2019-176. Makes conforming technical correction to repeal GS 147-69.2(a)(15a). Effective July 1, 2020.

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