Bill Summary for S 176 (2023-2024)

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Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 176 (Public) Filed Tuesday, February 28, 2023
AN ACT TO ENACT THE CONSUMERS IN CRISIS PROTECTION ACT AND TO EXPAND THE DEFINITIONS OF MINORITY BUSINESS AND HISTORICALLY UNDERUTILIZED BUSINESS FOR PURPOSES OF PUBLIC CONTRACTS TO INCLUDE ESOP COMPANIES WITH MAJORITY OWNERSHIP BY MINORITY PERSONS OR SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.
Intro. by Johnson, Britt, Craven.

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Bill summary

Senate amendments to the 4th edition make the following changes.

Senate amendment #1 makes the following changes. 

Part I. 

Amends the required acknowledgment/disclosures in GS 58-94-30 (content of a consumer legal funding contract) to now have the consumer-signatory acknowledge that their attorney in the legal claim is not obligated to provide any tax, public, or private benefit planning, or financial advice regarding this transaction (was, acknowledgment that the attorney in the legal claim has not provided any such advice). Makes conforming changes.

Senate amendment #2 makes the following changes. 

Part II. 

Amends GS 143-128.4 (definition of historically underutilized business) to require that an Employee Stock Ownership Company (ESOP) applying for a certification as a historically underutilized business provide an attestation that it meets the statute's requirements along with supporting documentation required by the Secretary of Administration. 

Senate amendment #3 to the 4th edition makes the following changes. 

Part I. 

Amends new GS 58-94-5 (definitions section of the Consumers in Crisis Protection Act) to provide that the definition of legal claim is a civil claim or cause of action filed in a court of law in State or federal court.  Amends the definition of net proceeds to change the second listed prong of what is subtracted from the amount recovered to now be valid health care provider liens, subrogation liens, and ERISA contractual rights of recovery (was, attorney, health care provider, or subrogation liens). 

Amends GS 58-94-30 to require that a copy of the contract be promptly delivered to the consumer's attorney (was, prompt delivery upon request). Makes conforming change to GS 58-94-40 (prohibited acts). Amends the required acknowledgements that the consumer-signatory must acknowledge in signing the contract by expanding the listing of the types of liens that take priority over any contractual claim of the consumer legal funding company.