GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 229*
Senate Judiciary Committee Substitute Adopted 6/20/17
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Short Title: GSC Technical Corrections 2017. |
(Public) |
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Sponsors: |
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Referred to: |
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March 2, 2017
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the general statutes, as recommended by the general statutes commission, and to make other technical, conforming, and clarifying changes.
The General Assembly of North Carolina enacts:
Part I. Technical corrections recommended by the general statutes commission
SECTION 1. G.S. 1‑117 reads as rewritten:
"§ 1‑117. Cross‑index of lis pendens.
Every notice of pending litigation
filed under this Article shall be cross‑indexed by the clerk of the superior
court in a record, called the "Record of Lis Pendens," to be kept by him
pursuant to G.S. 2‑42(6).the clerk under G.S. 7A‑109."
SECTION 2. G.S. 7B‑302(a) reads as rewritten:
"(a) When a report of
abuse, neglect, or dependency is received, the director of the department of
social services shall make a prompt and thorough assessment, using either a
family assessment response or an investigative assessment response, in order to
ascertain the facts of the case, the extent of the abuse or neglect, and the
risk of harm to the juvenile, in order to determine whether protective services
should be provided or the complaint filed as a petition. When the report
alleges abuse, the director shall immediately, but no later than 24 hours after
receipt of the report, initiate the assessment. When the report alleges neglect
or dependency, the director shall initiate the assessment within 72 hours
following receipt of the report. When the report alleges abandonment of a [juvenile]
juvenile or unlawful transfer of custody under G.S. 14‑321.2,
the director shall immediately initiate an assessment. When the report alleges
abandonment, the director shall also take appropriate steps to assume temporary
custody of the juvenile, and take appropriate steps to secure an order for
nonsecure custody of the juvenile. The assessment and evaluation shall include
a visit to the place where the juvenile resides, except when the report alleges
abuse or neglect in a child care facility as defined in Article 7 of Chapter
110 of the General Statutes. When a report alleges abuse or neglect in a child
care facility as defined in Article 7 of Chapter 110 of the General Statutes, a
visit to the place where the juvenile resides is not required. When the report
alleges abandonment, the assessment shall include a request from the director
to law enforcement officials to investigate through the North Carolina Center
for Missing Persons and other national and State resources whether the juvenile
is a missing child."
SECTION 3. G.S. 14‑118.6(b1) reads as rewritten:
"(b1) When a lien or
encumbrance is presented to a clerk of superior court for filing and the clerk
of court has a reasonable suspicion that the lien or encumbrance is false as
described in subsection (a) of this section, the clerk of court may refuse to
file the lien or encumbrance. Neither the clerk of court nor the clerk's staff
shall be liable for filing or the refusal to file a lien or encumbrance under
this subsection. The clerk of superior court shall not file, index, or docket
the document against the property of a public officer or public employee until
that document is approved by any judge of the judicial district having
subject matter jurisdiction for filing by the clerk of superior court by
any judge of the judicial district having subject matter jurisdiction. court.
If the judge determines that the filing is not false, the clerk shall index
the claim of lien. A lien or encumbrance filed upon order of the court under
this subsection shall have a priority interest as of the date and time of
indexing by the clerk of superior court. If the court finds that there is no
statutory or contractual basis for the proposed filing, the court shall enter
an order that the proposed filing is null and void as a matter of law, and that
it shall not be filed or indexed. The clerk of superior court shall serve the
order and return the original denied filing to the person or entity that
presented it. The person or entity shall have 30 days from the entry of the
order to appeal the order. If the order is not appealed within the applicable
time period, the clerk may destroy the filing."
SECTION 4. G.S. 14‑159.3(a1) reads as rewritten:
"(a1) A landowner who gives
a person written consent to operate an all‑terrain vehicle on his or
her the landowner's property owes the person the same duty of care
that he or she the landowner owes a trespasser."
SECTION 5. G.S. 14‑208.6 reads as rewritten:
"§ 14‑208.6. Definitions.
The following definitions apply in this Article:
…
(5) "Sexually violent offense" means a violation of former G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.21 (first‑degree forcible rape), G.S. 14‑27.22 (second‑degree forcible rape), G.S. 14‑27.23 (statutory rape of a child by an adult), G.S. 14‑27.24 (first‑degree statutory rape), G.S. 14‑27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14‑27.26 (first‑degree forcible sexual offense), G.S. 14‑27.27 (second‑degree forcible sexual offense), G.S. 14‑27.28 (statutory sexual offense with a child by an adult), G.S. 14‑27.29 (first‑degree statutory sexual offense), G.S. 14‑27.30(a) (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14‑27.31 (sexual activity by a substitute parent or custodian), G.S. 14‑27.32 (sexual activity with a student), G.S. 14‑27.33 (sexual battery), G.S. 14‑43.11 (human trafficking) if (i) the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against any person with the intent that they be held in sexual servitude, G.S. 14‑43.13 (subjecting or maintaining a person for sexual servitude), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1) (felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑202.1 (taking indecent liberties with children), G.S. 14‑202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14‑202.4(a) (taking indecent liberties with a student), G.S. 14‑205.2(c) or (d) (patronizing a prostitute who is a minor or a mentally disabled person), G.S. 14‑205.3(b) (promoting prostitution of a minor or a mentally disabled person), G.S. 14‑318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14‑318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.
…."
SECTION 5.1.(a) G.S. 14‑309.7 reads as rewritten:
"§ 14‑309.7. Licensing procedure.
(a) An exempt organization
may not operate a bingo game at a location without a license. Application for a
bingo license shall be made to the State Bureau of Investigation on a form
prescribed by the Department [Bureau].Bureau. The Department
[Bureau] Bureau shall charge an annual application fee of two
hundred dollars ($200.00) to defray the cost of issuing bingo licenses and
handling bingo audit reports. The fees collected shall be deposited in the
General Fund of the State. This license shall expire one year after the
granting of the license. This license may be renewed yearly, if the applicant
pays the application fee and files an audit with the Department [Bureau] Bureau
pursuant to G.S. 14‑309.11. A copy of the application and
license shall be furnished to the local law‑enforcement agency in the
county or municipality in which the licensee intends to operate before bingo is
conducted by the licensee.
…
(e) An exempt organization
that wants to conduct only an annual or semiannual bingo game may apply to the
State Bureau of Investigation for a limited occasion permit. The State Bureau
of Investigation may require such information as is reasonable and necessary to
determine that the bingo game is conducted in accordance with the provisions of
this Part but may not require more information than previously specified in
this section for application of a regular license. The application shall be
made to the Department [Bureau] Bureau on prescribed forms at
least 30 days prior to the scheduled date of the bingo game. In lieu of the
reporting requirements of G.S. 14‑309.11(b) the exempt organization
shall file with the licensing agency and local law‑enforcement a report
on prescribed forms no later than 30 days following the conduct of the bingo
game for which the permit was obtained. Such report may require such
information as is reasonable and necessary to determine that the bingo game was
conducted in accordance with the provisions of this Part but may not require
more information than specified in G.S. 14‑309.11(b). Any licensed
exempt organization may donate or loan its equipment or use of its premises to
an exempt organization which has secured a limited occasion permit provided
such arrangement is disclosed in the limited occasion permit application and is
approved by the State Bureau of Investigation. Except as stated above, all
provisions of this Part shall apply to any exempt organization operating a
bingo game under this provision."
SECTION 5.1.(b) Section 4 of S.L. 2016‑27 reads as rewritten:
"SECTION 4. G.S. 14‑309(5)c.,
G.S. 14‑309.14(5)c., as enacted by Section 1 of this act,
becomes effective October 1, 2016, and applies to applications submitted on or after
October 1, 2016, and offenses committed on or after that date. The remainder of
Section 1 of this act becomes effective December 1, 2016, and applies to
offenses committed on or after that date. The remainder of this act is
effective when it becomes law."
SECTION 5.2.(a) G.S. 20‑4.01(32b) reads as rewritten:
"(32b) Recreational Vehicle. –
A vehicular type unit primarily designed as temporary living quarters for
recreational, camping, or travel use that either has its own motive power or is
mounted on, or towed by, another vehicle. The basic entities are camping
trailer, fifth‑wheel travel trailer, motor home, travel trailer, and
truck camper. [The basic entities are defined as follows:]The basic
entities are defined as follows:
a. Motor home. – As defined in G.S. 20‑4.01(27)d2.
b. Travel trailer. – A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of a size or weight that does not require a special highway movement permit when towed by a motorized vehicle.
c. Fifth‑wheel trailer. – A vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use, of a size and weight that does not require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.
d. Camping trailer. – A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
e. Truck camper. – A portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides and is designed to be loaded onto and unloaded from the bed of a pickup truck."
SECTION 5.2.(b) The Revisor of Statutes is authorized to reletter the definitions in G.S. 20‑4.01(27) and G.S. 20‑4.01(32b) to place them in alphabetical order. The Revisor of Statutes may conform any citations that change as a result of the relettering.
SECTION 6. G.S. 20‑45 reads as rewritten:
"§ 20‑45. Seizure of documents and plates.
(a) The Division is hereby
authorized to take possession of any certificate of title, registration
card, permit, license, or registration plate issued by it upon expiration,
revocation, cancellation, or suspension thereof, or which is fictitious, or
which has been unlawfully or erroneously issued, or which has been unlawfully
used.
(b) The Division may give
notice to the owner, licensee or lessee of its authority to take possession of
any certificate of title, registration card, permit, license, or registration
plate issued by it and require that person to surrender it to the Commissioner
or his the Commissioner's officers or agents. Any person who
fails to surrender the certificate of title, registration card, permit,
license, or registration plate or any duplicate thereof, upon personal service
of notice or within 10 days after receipt of notice by mail as provided in
G.S. 20‑48, shall be guilty of a Class 2 misdemeanor.
(c) Any sworn law
enforcement officer with jurisdiction, including a member of the State Highway
Patrol, is authorized to seize the certificate of title, registration card,
permit, license, or registration plate, if the officer has electronic or other
notification from the Division that the item has been revoked or cancelled, or
otherwise has probable cause to believe that the item has been revoked or
cancelled under any law or statute, including G.S. 20‑309(e). G.S. 20‑311.
If a criminal proceeding relating to a certificate of title, registration
card, permit, or license is pending, the law enforcement officer in possession
of that item shall retain the item pending the entry of a final judgment by a
court with jurisdiction. If there is no criminal proceeding pending, the law
enforcement officer shall deliver the item to the Division.
(d) Any law enforcement officer who seizes a registration plate pursuant to this section shall report the seizure to the Division within 48 hours of the seizure and shall return the registration plate, but not a fictitious registration plate, to the Division within 10 business days of the seizure."
SECTION 7. The catch line of G.S. 20‑171.24 reads as rewritten:
"§ 20‑171.24. Motorized all‑terrain vehicle use
by municipal and county employees of listed municipalities and
counties permitted on certain highways."
SECTION 7.1. G.S. 20‑179 reads as rewritten:
"§ 20‑179. Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments.
(a) Sentencing Hearing Required. – After a conviction under G.S. 20‑138.1, G.S. 20‑138.2, a second or subsequent conviction under G.S. 20‑138.2A, or a second or subsequent conviction under G.S. 20‑138.2B, or when any of those offenses are remanded back to district court after an appeal to superior court, the judge shall hold a sentencing hearing to determine whether there are aggravating or mitigating factors that affect the sentence to be imposed. The following apply:
(1) The court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or mitigated sentence appropriate. The State bears the burden of proving beyond a reasonable doubt that an aggravating factor exists, and the offender bears the burden of proving by a preponderance of the evidence that a mitigating factor exists.
(2) Before the hearing the
prosecutor shall make all feasible efforts to secure the defendant's full
record of traffic convictions, and shall present to the judge that record for
consideration in the hearing. Upon request of the defendant, the prosecutor
shall furnish the defendant or his the defendant's attorney a
copy of the defendant's record of traffic convictions at a reasonable time
prior to the introduction of the record into evidence. In addition, the
prosecutor shall present all other appropriate grossly aggravating and
aggravating factors of which he the prosecutor is aware, and the
defendant or his the defendant's attorney may present all
appropriate mitigating factors. In every instance in which a valid chemical
analysis is made of the defendant, the prosecutor shall present evidence of the
resulting alcohol concentration.
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(a2) Jury Trial on Aggravating
Factors in Superior Court.Court. –
(1) Defendant admits aggravating factor only. – If the defendant admits that an aggravating factor exists, but pleads not guilty to the underlying charge, a jury shall be impaneled to dispose of the charge only. In that case, evidence that relates solely to the establishment of an aggravating factor shall not be admitted in the trial.
(2) Defendant pleads guilty to the charge only. – If the defendant pleads guilty to the charge, but contests the existence of one or more aggravating factors, a jury shall be impaneled to determine if the aggravating factor or factors exist.
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(c) Determining Existence of Grossly Aggravating Factors. – At the sentencing hearing, based upon the evidence presented at trial and in the hearing, the judge, or the jury in superior court, must first determine whether there are any grossly aggravating factors in the case. Whether a prior conviction exists under subdivision (1) of this subsection, or whether a conviction exists under subdivision (d)(5) of this section, shall be matters to be determined by the judge, and not the jury, in district or superior court. If the sentencing hearing is for a case remanded back to district court from superior court, the judge shall determine whether the defendant has been convicted of any offense that was not considered at the initial sentencing hearing and impose the appropriate sentence under this section. The judge must impose the Aggravated Level One punishment under subsection (f3) of this section if it is determined that three or more grossly aggravating factors apply. The judge must impose the Level One punishment under subsection (g) of this section if it is determined that the grossly aggravating factor in subdivision (4) of this subsection applies or two of the other grossly aggravating factors apply. If the judge does not find that the aggravating factor at subdivision (4) of this subsection applies, then the judge must impose the Level Two punishment under subsection (h) of this section if it is determined that only one of the other grossly aggravating factors applies. The grossly aggravating factors are:
(1) A prior conviction for an offense involving impaired driving if:
a. The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
b. The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
c. The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn, or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20‑38.7.
Each prior conviction is a separate grossly aggravating factor.
(2) Driving by the defendant
at the time of the offense while his the defendant's driver's
license was revoked pursuant to G.S. 20‑28(a1).
(3) Serious injury to another person caused by the defendant's impaired driving at the time of the offense.
(4) Driving by the defendant while (i) a child under the age of 18 years, (ii) a person with the mental development of a child under the age of 18 years, or (iii) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense.
In imposing an Aggravated Level
One, a Level One, or a Level Two punishment, the judge may consider the
aggravating and mitigating factors in subsections (d) and (e) of this
section in determining the appropriate sentence. If there are no grossly
aggravating factors in the case, the judge must weigh all aggravating and
mitigating factors and impose punishment as required by subsection (f).(f)
of this section.
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(d) Aggravating Factors to Be Weighed. – The judge, or the jury in superior court, shall determine before sentencing under subsection (f) of this section whether any of the aggravating factors listed below apply to the defendant. The judge shall weigh the seriousness of each aggravating factor in the light of the particular circumstances of the case. The factors are:
(1) Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving. For purposes of this subdivision, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove the person's alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court.
(2) Especially reckless or dangerous driving.
(3) Negligent driving that led to a reportable accident.
(4) Driving by the defendant
while his the defendant's driver's license was revoked.
(5) Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20‑16 or for which the convicted person's license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.
(6) Conviction under G.S. 20‑141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
(7) Conviction under G.S. 20‑141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
(8) Passing a stopped school bus in violation of G.S. 20‑217.
(9) Any other factor that aggravates the seriousness of the offense.
Except for the factor in subdivision (5) of this subsection the conduct constituting the aggravating factor shall occur during the same transaction or occurrence as the impaired driving offense.
(e) Mitigating Factors to Be Weighed. – The judge shall also determine before sentencing under subsection (f) of this section whether any of the mitigating factors listed below apply to the defendant. The judge shall weigh the degree of mitigation of each factor in light of the particular circumstances of the case. The factors are:
(1) Slight impairment of the defendant's faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving.
(2) Slight impairment of the defendant's faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
(3) Driving at the time of the offense that was safe and lawful except for the impairment of the defendant's faculties.
(4) A safe driving record, with the defendant's having no conviction for any motor vehicle offense for which at least four points are assigned under G.S. 20‑16 or for which the person's license is subject to revocation within five years of the date of the offense for which the defendant is being sentenced.
(5) Impairment of the defendant's faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
(6) The defendant's voluntary
submission to a mental health facility for assessment after he was being
charged with the impaired driving offense for which he the
defendant is being sentenced, and, if recommended by the facility, his voluntary
participation in the recommended treatment.
(6a) Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system. The continuous alcohol monitoring system shall be of a type approved by the Division of Adult Correction of the Department of Public Safety.
(7) Any other factor that mitigates the seriousness of the offense.
Except for the factors in subdivisions
(4), (6), (6a), and (7), (7) of this subsection, the conduct
constituting the mitigating factor shall occur during the same transaction or
occurrence as the impaired driving offense.
(f) Weighing the Aggravating
and Mitigating Factors. – If the judge or the jury in the sentencing hearing
determines that there are no grossly aggravating factors, the judge shall weigh
all aggravating and mitigating factors listed in subsections (d) and (e). (e)
of this section. If the judge determines that:
(1) The aggravating factors
substantially outweigh any mitigating factors, the judge shall note in the
judgment the factors found and his the judge's finding that the
defendant is subject to the Level Three punishment and impose a punishment
within the limits defined in subsection (i).(i) of this section.
(2) There are no aggravating
and mitigating factors, or that aggravating factors are substantially
counterbalanced by mitigating factors, the judge shall note in the judgment any
factors found and the finding that the defendant is subject to the Level Four
punishment and impose a punishment within the limits defined in subsection (j).(j)
of this section.
(3) The mitigating factors
substantially outweigh any aggravating factors, the judge shall note in the
judgment the factors found and his the judge's finding that the
defendant is subject to the Level Five punishment and impose a punishment
within the limits defined in subsection (k).(k) of this section.
It is not a mitigating factor that the driver of the vehicle was suffering from alcoholism, drug addiction, diminished capacity, or mental disease or defect. Evidence of these matters may be received in the sentencing hearing, however, for use by the judge in formulating terms and conditions of sentence after determining which punishment level shall be imposed.
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(f2) Limit on Consolidation of
Judgments. – Except as provided in subsection (f1), (f1) of this
section, in each charge of impaired driving for which there is a conviction
the judge shall determine if the sentencing factors described in subsections
(c), (d) and (e) of this section are applicable unless the impaired
driving charge is consolidated with a charge carrying a greater punishment. Two
or more impaired driving charges may not be consolidated for judgment.
(f3) Aggravated Level One Punishment. – A defendant subject to Aggravated Level One punishment may be fined up to ten thousand dollars ($10,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 12 months and a maximum term of not more than 36 months. Notwithstanding G.S. 15A‑1371, a defendant sentenced to a term of imprisonment pursuant to this subsection shall not be eligible for parole. However, the defendant shall be released from the Statewide Misdemeanant Confinement Program on the date equivalent to the defendant's maximum imposed term of imprisonment less four months and shall be supervised by the Section of Community Supervision of the Division of Adult Correction under and subject to the provisions of Article 84A of Chapter 15A of the General Statutes and shall also be required to abstain from alcohol consumption for the four‑month period of supervision as verified by a continuous alcohol monitoring system. For purposes of revocation, violation of the requirement to abstain from alcohol or comply with the use of a continuous alcohol monitoring system shall be deemed a controlling condition under G.S. 15A‑1368.4.
The term of imprisonment may be
suspended only if a condition of special probation is imposed to require the
defendant to serve a term of imprisonment of at least 120 days. If the
defendant is placed on probation, the judge shall impose as requirements that
the defendant (i) abstain from alcohol consumption for a minimum of 120 days to
a maximum of the term of probation, as verified by a continuous alcohol
monitoring system pursuant to subsections (h1) and (h3) subsection
(h1) of this section, and (ii) obtain a substance abuse assessment and the
education or treatment required by G.S. 20‑17.6 for the restoration
of a drivers license and as a condition of probation. The judge may impose any
other lawful condition of probation.
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(h1) Alcohol Abstinence as Condition of Probation for Level One and Level Two Punishments. – The judge may impose, as a condition of probation for defendants subject to Level One or Level Two punishments, that the defendant abstain from alcohol consumption for a minimum of 30 days, to a maximum of the term of probation, as verified by a continuous alcohol monitoring system. The defendant's abstinence from alcohol shall be verified by a continuous alcohol monitoring system of a type approved by the Division of Adult Correction of the Department of Public Safety.
…
(k) Level Five Punishment. – A defendant subject to Level Five punishment may be fined up to two hundred dollars ($200.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be suspended. However, the suspended sentence shall include the condition that the defendant:
(1) Be imprisoned for a term of 24 hours as a condition of special probation; or
(2) Perform community service for a term of 24 hours; or
(3) Repealed by Session Laws 2006‑253, s. 23, effective December 1, 2006, and applicable to offenses committed on or after that date.
(4) Any combination of these conditions.
If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.
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(k2) Probationary Requirement for Abstinence and Use of Continuous Alcohol Monitoring. – The judge may order that as a condition of special probation for any level of offense under G.S. 20‑179 the defendant abstain from alcohol consumption, as verified by a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction of the Department of Public Safety.
(k3) Continuous Alcohol Monitoring During Probation. – The court, in the sentencing order, may authorize probation officers to require defendants to submit to continuous alcohol monitoring for assessment purposes if the defendant has been required to abstain from alcohol consumption during the term of probation and the probation officer believes the defendant is consuming alcohol. The defendant shall bear the costs of the continuous alcohol monitoring system if the use of the system has been authorized by a judge in accordance with this subsection.
(k4) Continuous Alcohol Monitoring Exception. – Notwithstanding the provisions of subsections (g), (h), (k2), and (k3) of this section, if the court finds, upon good cause shown, that the defendant should not be required to pay the costs of the continuous alcohol monitoring system, the court shall not impose the use of a continuous alcohol monitoring system unless the local governmental entity responsible for the incarceration of the defendant in the local confinement facility agrees to pay the costs of the system.
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(o) Evidentiary Standards;
Proof of Prior Convictions. – In the sentencing hearing, the State shall prove
any grossly aggravating or aggravating factor beyond a reasonable doubt, and
the defendant shall prove any mitigating factor by the greater weight of the
evidence. Evidence adduced by either party at trial may be utilized in the
sentencing hearing. Except as modified by this section, the procedure in
G.S. 15A‑1334(b) governs. The judge may accept any evidence as to
the presence or absence of previous convictions that he the judge finds
reliable but he shall give prima facie effect to convictions recorded by
the Division or any other agency of the State of North Carolina. A copy of such
conviction records transmitted by the police information network in general
accordance with the procedure authorized by G.S. 20‑26(b) is
admissible in evidence without further authentication. If the judge decides to
impose an active sentence of imprisonment that would not have been imposed but
for a prior conviction of an offense, the judge shall afford the defendant an
opportunity to introduce evidence that the prior conviction had been obtained
in a case in which he the defendant was indigent, had no counsel,
and had not waived his the right to counsel. If the defendant
proves by the preponderance of the evidence all three above facts concerning
the prior case, the conviction may not be used as a grossly aggravating or
aggravating factor.
(p) Limit on Amelioration of Punishment. – For active terms of imprisonment imposed under this section:
(1) The judge may not give credit to the defendant for the first 24 hours of time spent in incarceration pending trial.
(2) The defendant shall serve the mandatory minimum period of imprisonment and good or gain time credit may not be used to reduce that mandatory minimum period.
(3) The defendant may not be
released on parole unless he the defendant is otherwise eligible,
has served the mandatory minimum period of imprisonment, and has obtained a
substance abuse assessment and completed any recommended treatment or training
program or is paroled into a residential treatment program.
With respect to the minimum or specific term of imprisonment imposed as a condition of special probation under this section, the judge may not give credit to the defendant for the first 24 hours of time spent in incarceration pending trial.
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(r) Supervised Probation
Terminated. – Unless a judge in his the judge's discretion
determines that supervised probation is necessary, and includes in the record
that he the judge has received evidence and finds as a fact that
supervised probation is necessary, and states in his the judgment
that supervised probation is necessary, a defendant convicted of an offense of
impaired driving shall be placed on unsupervised probation if he the
defendant meets three conditions. These conditions are that he the
defendant (i) has not been convicted of an offense of impaired driving
within the seven years preceding the date of this offense for which he the
defendant is sentenced, that the defendant is (ii) is being sentenced
under subsections (i), (j), and (k) of this section, and (iii) has
obtained any necessary substance abuse assessment and completed any recommended
treatment or training program.
When a judge determines in
accordance with the above procedures that a defendant should be placed on
supervised probation, the judge shall authorize the probation officer to modify
the defendant's probation by placing the defendant on unsupervised probation
upon the completion by the defendant of the following conditions of his the
suspended sentence:
(1) Community service; or
(2) Repealed by Session Laws 1995 c. 496, s. 2.
(3) Payment of any fines, court costs, and fees; or
(4) Any combination of these conditions.
(s) Method of Serving
Sentence. – The judge in his the judge's discretion may order a
term of imprisonment to be served on weekends, even if the sentence cannot be
served in consecutive sequence. However, if the defendant is ordered to a term
of 48 hours or more, or has 48 hours or more remaining on a term of
imprisonment, the defendant shall be required to serve 48 continuous hours of
imprisonment to be given credit for time served. All of the following apply
to a sentence served under this subsection:
(1) Credit for any jail time shall only be given hour for hour for time actually served. The jail shall maintain a log showing number of hours served.
(2) The defendant shall be
refused entrance and shall be reported back to court if the defendant appears
at the jail and has remaining in his the defendant's body any
alcohol as shown by an alcohol screening device or controlled substance
previously consumed, unless lawfully obtained and taken in therapeutically
appropriate amounts.
(3) If a defendant has been
reported back to court under subdivision (2) of this subsection, the court
shall hold a hearing. The defendant shall be ordered to serve his the
defendant's jail time immediately and shall not be eligible to serve jail
time on weekends if the court determines that, at the time of his entrance
to the jail, at least one of the following apply:
a. The defendant had
previously consumed alcohol in his the defendant's body as shown
by an alcohol screening device, ordevice.
b. The defendant had a
previously consumed controlled substance in his the defendant's body.
It shall be a defense to an immediate service of sentence of jail time and ineligibility for weekend service of jail time if the court determines that alcohol or controlled substance was lawfully obtained and was taken in therapeutically appropriate amounts.
…."
SECTION 8. G.S. 24‑10.1(a) reads as rewritten:
"(a) Subject to the
limitations contained in subsection (b) of this section, any lender may charge
a party to a loan or extension of credit governed by the provisions of G.S. 24‑1.1,
24‑1.2, G.S. 24‑1.1 or 24‑1.1A G.S. 24‑1.1A
a late payment charge as agreed upon by the parties in the loan
contract."
SECTION 9. G.S. 28A‑2‑4 reads as rewritten:
"§ 28A‑2‑4. Subject matter jurisdiction of the clerk of superior court in estate proceedings.
(a) The clerks of superior court of this State, as ex officio judges of probate, shall have original jurisdiction of estate proceedings. Except as provided in subdivision (4) of this subsection, the jurisdiction of the clerk of superior court is exclusive. Estate proceedings include, but are not limited to, the following:
(1) Probate of wills.
(2) Granting and revoking of letters testamentary and letters of administration, or other proper letters of authority for the administration of estates.
(3) Determination of the elective share for a surviving spouse as provided in G.S. 30‑3.
(4) Proceedings to ascertain
heirs or devisees, to approve settlement agreements pursuant to G.S. 28A‑2‑10,
to determine questions of construction of wills, to determine priority among
creditors, to determine whether a person is in possession of property belonging
to an estate, to order the recovery of property of the estate in possession of
third parties, and to determine the existence or nonexistence of any immunity,
power, privilege, duty, or right. Any party or the clerk of superior court may
file a notice of transfer of a proceeding pursuant to this subdivision to the
Superior Court Division of the General Court of Justice as provided in
G.S. 28A‑2‑6(h). In the absence of a transfer to superior
court, Article 26 of Chapter 1 of the General Statutes shall apply to a
trust an estate proceeding pending before the clerk of superior
court to the extent consistent with this Article.
(b) Nothing in this section shall affect the right of a person to file an action in the Superior Court Division of the General Court of Justice for declaratory relief under Article 26 of Chapter 1 of the General Statutes. In the event that either the petitioner or the respondent in an estate proceeding requests declaratory relief under Article 26 of Chapter 1 of the General Statutes, either party may move for a transfer of the proceeding to the Superior Court Division of the General Court of Justice as provided in Article 21 of Chapter 7A of the General Statutes. In the absence of a removal to superior court, Article 26 of Chapter 1 of the General Statutes shall apply to an estate proceeding to the extent consistent with this Article.
(c) Without otherwise
limiting the jurisdiction of the Superior Court Division of the General Court
of Justice, the clerk of superior court shall not have jurisdiction under
subsection (a) or (c) (b) of this section or G.S. 28A‑2‑5
of the following:
(1) Actions by or against creditors or debtors of an estate, except as provided in Article 19 of this Chapter.
(2) Actions involving claims for monetary damages, including claims for breach of fiduciary duty, fraud, and negligence.
(3) Caveats, except as provided under G.S. 31‑36.
(4) Proceeding to determine proper county of venue as provided in G.S. 28A‑3‑2.
(5) Recovery of property transferred or conveyed by a decedent with intent to hinder, delay, or defraud creditors, pursuant to G.S. 28A‑15‑10(b)."
SECTION 10. G.S. 28A‑19‑5(b) reads as rewritten:
"(b) With respect to a contingent or unliquidated claim rejected by a personal representative pursuant to G.S. 28A‑19‑16, the claimant may, within the three‑month period prescribed by G.S. 28A‑19‑16, file a petition for an order of the clerk of superior court in accordance with subsection (a) of this section, provided that nothing in this section shall require the clerk of superior court to hear and determine the validity of, priority of, or amount of a contingent or unliquidated claim that has not yet become absolute."
SECTION 11. G.S. 31B‑1(a) reads as rewritten:
"(a) A person who succeeds to a property interest as:
…
(8) Appointee Appointee,
permissible appointee, or taker in default under a power of appointment
exercised by a testamentary instrument or a nontestamentary instrument;
…
may renounce at anytime, in whole or in part, the right of succession to any property or interest therein, including a future interest, by filing a written instrument under the provisions of this Chapter. A renunciation may be of a fractional share or any limited interest or estate. The renunciation shall be deemed to include the entire interest of the person whose property or interest is being renounced unless otherwise specifically limited. A person may renounce any interest in or power over property, including a power of appointment, even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to renounce. Notwithstanding the foregoing, there shall be no right of partial renunciation if the instrument creating the interest expressly so provides."
SECTION 12.(a) G.S. 36C‑8‑816.1 reads as rewritten:
"§ 36C‑8‑816.1. Trustee's special power to appoint to a second trust.
(a) For purposes of this section, the following definitions apply:
(1) Current beneficiary. – A person who is a permissible distributee of trust income or principal.
(2) Original trust. – A trust established under an irrevocable trust instrument pursuant to the terms of which a trustee has a discretionary power to distribute principal or income of the trust to or for the benefit of one or more current beneficiaries of the trust.
(3) Second trust. – A trust established under an irrevocable trust instrument, the current beneficiaries of which are one or more of the current beneficiaries of the original trust. The second trust may be a trust created under the same trust instrument as the original trust or under a different trust instrument.
(b) A trustee of an original trust may, without authorization by the court, exercise the discretionary power to distribute principal or income to or for the benefit of one or more current beneficiaries of the original trust by appointing all or part of the principal or income of the original trust subject to the power in favor of a trustee of a second trust. The trustee of the original trust may exercise this power whether or not there is a current need to distribute principal or income under any standard provided in the terms of the original trust. The trustee's special power to appoint trust principal or income in further trust under this section includes the power to create the second trust. The second trust may have a duration that is longer than the duration of the first trust.
(c) The terms of the second trust shall be subject to all of the following:
(1) The beneficiaries of the second trust may include only beneficiaries of the original trust.
(2) A beneficiary who has only a future beneficial interest, vested or contingent, in the original trust cannot have the future beneficial interest accelerated to a present interest in the second trust.
(3) The terms of the second trust may not reduce any fixed income, annuity, or unitrust interest of a beneficiary in the assets of the original trust if that interest has come into effect with respect to the beneficiary.
(4) If any contribution to the original trust qualified for a marital or charitable deduction for federal income, gift, or estate tax purposes under the Internal Revenue Code, then the second trust shall not contain any provision that, if included in the original trust, would have prevented the original trust from qualifying for the deduction or that would have reduced the amount of the deduction.
(5) If contributions to the original trust have been excluded from the gift tax by the application of section 2503(b) and section 2503(c) of the Internal Revenue Code, then the second trust shall provide that the beneficiary's remainder interest in the contributions shall vest and become distributable no later than the date upon which the interest would have vested and become distributable under the terms of the original trust.
(6) If any beneficiary of the original trust has a power of withdrawal over trust property, then either:
a. The terms of the second trust must provide a power of withdrawal in the second trust identical to the power of withdrawal in the original trust; or
b. Sufficient trust property must remain in the original trust to satisfy the outstanding power of withdrawal.
(7) If a trustee of an original trust exercises a power to distribute principal or income that is subject to an ascertainable standard by appointing property to a second trust, then the power to distribute income or principal in the second trust must be subject to the same ascertainable standard as in the original trust and must be exercisable in favor of the same current beneficiaries to whom such distribution could be made in the original trust.
(8) The second trust may confer a power of appointment upon a beneficiary of the original trust to whom or for the benefit of whom the trustee has the power to distribute principal or income of the original trust. The permissible appointees of the power of appointment conferred upon a beneficiary may include persons who are not beneficiaries of the original or second trust. The power of appointment conferred upon a beneficiary shall be subject to the provisions of G.S. 41‑23 specifying the permissible period allowed for the suspension of the power of alienation of the original trust and the time from which that permissible period is computed.
(9) The terms of the second
trust shall not contain any provisions that would jeopardize (i) the
qualification of a transfer as a direct skip under section 2642(c) of the [Internal
Revenue] Internal Revenue Code, (ii) if the first trust owns
subchapter S Corporation stock, the election to treat a corporation as a
subchapter S Corporation under section 1362 of the Internal Revenue Code,
(iii) if the first trust owns an interest in property subject to the minimum
distribution rules of section 401(a)(9) of the Internal Revenue Code, a
favorable distribution period by shortening the minimum distribution period, or
(iv) any other specific tax benefit for which a contribution originally the
first trust was clearly designed to qualify and for which the first trust
qualified or would have qualified for income, gift, estate, or
generation‑skipping transfer tax purposes. but for the enactment
of this section. In this subdivision, "tax benefit" means a
federal or State tax deduction, exemption, exclusion, or other benefit not
otherwise listed in this section, except for the benefit from having the
settlor considered the owner under sections 671 through 679 of the Internal
Revenue Code. Subject to clause (ii) above, the second trust may be a trust
as to which the settlor is not considered the owner under sections 671 through
679 of the Internal Revenue Code even if the settlor is considered the
owner of the first trust, and the second trust may be a trust as to which the
settlor of the first trust is considered the owner under sections 671 through
679 of the Internal Revenue Code, even if the settlor is not considered
the owner of the first trust.
(10) Notwithstanding any other provision of this section, but subject to the limitations of subdivisions (1), (2), (4), (5), and (9) of this subsection, a trustee may exercise the power to appoint principal and income under subsection (b) of this section with respect to a disabled beneficiary's interest in the original trust to a second trust that is a supplemental needs trust that does not have (i) an ascertainable standard (or has a different ascertainable standard); (ii) a fixed income, annuity, or unitrust interest in the assets of the original trust; or (iii) a right of withdrawal, if the trustee determines that it would be in the best interest of the disabled beneficiary. For purposes of this subsection, the following apply:
a. A "supplemental needs trust" means a trust that is a discretionary trust under G.S. 36C‑5‑504 and relative to the original trust contains either lesser or greater restrictions on the trustee's power to distribute income or principal, and which the trustee believes would, if implemented, allow the disabled beneficiary to receive greater governmental benefits than the disabled beneficiary would receive if the power to appoint principal and income had not been exercised.
b. "Governmental benefits" means medical assistance, financial aid, or services from any local, State, or federal agency or department.
c. A "disabled beneficiary" means a current beneficiary of the original trust who the trustee determines has a condition that substantially impairs the beneficiary's ability to provide for his or her own support, care, or custody whether or not the beneficiary has been adjudicated a "disabled person" by any government agency or department.
d. The second supplemental needs trust shall not be liable to pay or reimburse the State or any government or public agency for medical assistance, financial aid, or services provided to the disabled beneficiary except as provided in the second supplemental needs trust.
(d) A trustee may not exercise the power to appoint principal or income under subsection (b) of this section if the trustee is a beneficiary of the original trust, but the remaining cotrustee or a majority of the remaining cotrustees may act for the trust. If all the trustees are beneficiaries of the original trust, then the court may appoint a special fiduciary with authority to exercise the power to appoint principal or income under subsection (b) of this section.
(e) The exercise of the power to appoint principal or income under subsection (b) of this section:
(1) Shall be considered the exercise of a power of appointment, other than a power to appoint to the trustee, the trustee's creditors, the trustee's estate, or the creditors of the trustee's estate; and
(2) Shall be subject to the provisions of G.S. 41‑23 specifying the permissible period allowed for the suspension of the power of alienation of the original trust and the time from which that permissible period is computed; and
(3) Is not prohibited by a spendthrift provision or by a provision in the original trust instrument that prohibits amendment or revocation of the trust.
(f) To effect the exercise of the power to appoint principal or income under subsection (b) of this section, all of the following shall apply:
(1) The exercise of the power to appoint shall be made by an instrument in writing, signed and acknowledged by the trustee, setting forth the manner of the exercise of the power, including the terms of the second trust, and the effective date of the exercise of the power. The instrument shall be filed with the records of the original trust.
(2) The trustee shall give written notice to all qualified beneficiaries of the original trust, at least 60 days prior to the effective date of the exercise of the power to appoint, of the trustee's intention to exercise the power. The notice shall include a copy of the instrument described in subdivision (1) of this subsection.
(3) If all qualified beneficiaries waive the notice period by a signed written instrument delivered to the trustee, the trustee's power to appoint principal or income shall be exercisable after notice is waived by all qualified beneficiaries, notwithstanding the effective date of the exercise of the power.
(4) The trustee's notice under this subsection shall not limit the right of any beneficiary to object to the exercise of the trustee's power to appoint and bring an action for breach of trust seeking appropriate relief as provided by G.S. 36C‑10‑1001.
(g) Nothing in this section shall be construed to create or imply a duty of the trustee to exercise the power to distribute principal or income, and no inference of impropriety shall be made as a result of a trustee not exercising the power to appoint principal or income conferred under subsection (b) of this section. Nothing in this section shall be construed to abridge the right of any trustee who has a power to appoint property in further trust that arises under the terms of the original trust or under any other section of this Chapter or under another provision of law or under common law.
(h) A trustee or beneficiary may commence a proceeding to approve or disapprove a proposed exercise of the trustee's special power to appoint to a second trust pursuant to subsection (b) of this section."
SECTION 12.(b) If Senate Bill 450, 2017 Regular Session, becomes law, this section is repealed.
SECTION 12.1.(a) G.S. 36F‑2 reads as rewritten:
"§ 36F‑2. Definitions.
The following definitions apply in this Chapter:
…
(5) Reserved.
…
(21) Reserved.
…."
SECTION 12.1.(b) G.S. 36F‑13 reads as rewritten:
"§ 36F‑13. Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified verified
copy of the trust instrument or a certification of the trust under
G.S. 36C‑10‑1013.
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
(4) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.
b. Evidence linking the account to the trust."
SECTION 13.(a) G.S. 39‑33 and G.S. 39‑34 are repealed.
SECTION 13.(b) G.S. 39‑35 is recodified as G.S. 31D‑5‑505.
SECTION 13.(c) G.S. 39‑36 is recodified as G.S. 31D‑4‑403.1.
SECTION 13.1. G.S. 42A‑4 reads as rewritten:
"§ 42A‑4. Definitions.
The following definitions apply in this Chapter:
…
(1b) through (1f) Reserved.
…
(4) Vacation rental
agreement. – A written agreement between a landlord or his or her the
landlord's real estate broker and a tenant in which the tenant agrees to
rent residential property belonging to the landlord for a vacation
rental."
SECTION 14. Reserved.
SECTION 14.1.(a) G.S. 53‑208.42(20) reads as rewritten:
"(20) Virtual currency. – A
digital representation of value that can be digitally traded and functions as a
medium of exchange, a unit of account, or a store of value but only to the
extent defined as stored value under G.S. 53‑208.42(19), subdivision
(19) of this section, but does not have legal tender status as recognized
by the United States Government."
SECTION 14.1.(b) G.S. 53‑208.44(a) reads as rewritten:
"(a) This Article shall not apply to any of the following:
…
(7) A person that is engaged exclusively in any of the following:
a. Delivering wages or
salaries on behalf of employers to employees;employees.
b. Facilitating the payment
of payroll taxes to State and federal agencies;agencies.
c. Making payments relating
to employee benefit plans;plans.
d. Making distribution of
other authorized deductions from employees' wages or salaries; orsalaries.
e. Transmitting other funds on behalf of an employer in connection with transactions related to employees.
(8) A person appointed by a
payee to collect and process payments as the bona fide agent of the payee,
provided the person can demonstrate to the Commissioner that:all of
the following:
a. There exists a written
agreement between the payee and agent directing the agent to collect and
process payments on the payee's behalf;behalf.
b. The payee holds the agent
out to the public as accepting payments on the payee's behalf; andbehalf.
c. Payment is treated as received by the payee upon receipt by the agent.
This
exemption would extend extends to those otherwise engaged in
money transmission as set forth in G.S. 53‑208.42(13)b., including
those transactions conducted in whole or in part in virtual currency."
SECTION 14.1.(c) G.S. 53‑208.47 reads as rewritten:
"§ 53‑208.47. Surety bond.
…
(c) Any increased surety
bond required under subsection (b) [of this section] of this section shall
be filed with the Commissioner on or before May 31 annually. Failure to obtain
the additional surety bond required is grounds for summary suspension pursuant
to G.S. 53‑208.57(d)(2).
(d) The surety bond shall be
in a form satisfactory to the Commissioner and shall run to the State for the
benefit of any claimants against the licensee to secure the faithful
performance of the obligations of the licensee with respect to the receipt,
handling, transmission, and payment of money or monetary value in connection
with the sale and issuance of payment instruments, stored value, or
transmission of money. The Commissioner has the discretion to require the
applicant [to] to obtain additional insurance coverage to address
related cybersecurity risks inherent in the applicant's business model as it
relates to virtual currency transmission and to the extent such risks are not
within the scope of the required surety bond.
…."
SECTION 14.1.(d) G.S. 53‑208.51 reads as rewritten:
"§ 53‑208.51. Prohibited practices.
No person required to be licensed
under this Article shall:shall do any of the following:
(1) Fail to remit all money
or monetary value received for transmission pursuant to G.S. 53‑208.42(13)b.,
or give instructions committing equivalent money or monetary value to the
person designated by the sender within 10 days after receipt by the licensee
unless otherwise directed by the sender;sender.
(2) Fail to immediately
notify the Commissioner in writing if the licensee dishonors or fails to
satisfy any money transmission transaction within the 10 days following receipt
for any reason other than direction by the sender;sender.
(3) Engage in the business of
money transmission in the State under any name other than that [under] under
which it is organized or otherwise authorized to do business in the State;State.
(4) Fail to comply with the
Federal Bank Secrecy Act, 31 U.S.C. [§] 5311 et seq., 31 U.S.C. §
5311, et seq., and 31 C.F.R. Part 1022, including maintenance of active
registration with the United States Department of Treasury Financial Crimes
Enforcement Network;Network.
(5) Fail to comply with the
Federal Electronic Funds Transfer Act, 12 U.S.C. [§] 1693 et seq., 12
U.S.C. § 1693, et seq., and Regulation E, 12 C.F.R. [§] 1005 et seq.;12
C.F.R. § 1005, et seq.
(6) Fail to safeguard
identifying information obtained in the course of money transmission and
otherwise comply with the requirements set forth under G.S. 75‑60
et seq.;G.S. 75‑60, et seq.
(7) Fail to comply with
applicable State and federal laws and regulations related to the business of
money transmission;transmission.
(8) Use or cause to be
published or disseminated any advertising communication which contains any
false, misleading, or deceptive statement or representation; orrepresentation.
(9) Engage in unfair, deceptive, or fraudulent practices."
SECTION 14.1.(e) G.S. 53‑208.53(d) reads as rewritten:
"(d) [Timely
reporting.] – Timely Reporting. – Failure to timely submit any
reports required under this section is grounds for summary suspension pursuant
to G.S. 53‑208.57(d)(2)."
SECTION 14.1.(f) G.S. 53‑208.57 reads as rewritten:
"§ 53‑208.57. Disciplinary authority.
…
(c) The Commissioner may by order:
(1) Impose a civil money
penalty upon any person required to be licensed under this Article for any
violation of or failure to comply with this Article or any order of the
Commissioner in an amount specified by the Commissioner, not to exceed five
thousand dollars ($5,000) for each violation or, in the case of a continuing
violation, one thousand dollars ($1,000) for each day that the violation
continues. Each violation of or failure to comply with this Article shall be a
separate and distinct violation. All civil money penalties collected under this
Article shall be paid to the county school fund.Civil Penalty and
Forfeiture Fund in accordance with G.S. 115C‑457.2.
(2) Require that any person required to be licensed under this Article to disgorge and pay to the sender any amounts that were not remitted or refunded in violation of G.S. 53‑208.51(1).
…
(h) The Commissioner, in the
exercise of reasonable judgment, may compromise, settle, and collect civil
penalties with any person for violations of any provision of this Article, or
of any rule, regulation, or order issued or promulgated [pursuant] pursuant
to this Article."
SECTION 14.2.(a) G.S. 55‑1‑40(13a) reads as rewritten:
"(13a) An item is
"mailed" when it is deposited "Mail," when used as a
verb, means to deposit in the United States mail with postage thereon
prepaid and correctly addressed. When a corporation mails an item to a
shareholder, "correctly addressed" means addressed to the
shareholder's address as shown in the corporation's current record of
shareholders."
SECTION 14.2.(b) If Senate Bill 622, 2017 Regular Session, becomes law, this section is repealed.
SECTION 14.3. G.S. 66‑71.14(b) reads as rewritten:
"(b) A person failing to
file an assumed business name certificate or a certificate of amendment as
required by this Article is liable to any person injured by the failure for the
reasonable expenses, including attorneys' fees, incurred by the person in
ascertaining, for a reasonable purpose, the information required to be stated
in the assumed business name certificate or certificate of amendment.
Notwithstanding this subsection, 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 G.S. 66‑71.5 or a certificate of
amendment under G.S. 71.7 [G.S. 66‑71.7].G.S. 66‑71.7."
SECTION 14.4.(a) G.S. 69‑25.15(d) reads as rewritten:
"(d) Whenever a city is
required to make fire protection district tax payments by subsection (c) of
this section, and the city has paid or has contracted to pay to a rural fire
department funds under G.S. 160A‑37.1 or G.S. 160A‑58.57,
the county shall pay to the city from funds of the rural fire protection
district an amount equal to the amount paid by the city (or to be paid by the
city) to a rural fire department under G.S. 160A‑37.1 or G.S. 160A‑58.57
on account of annexation of territory in the rural fire protection district for
the number of months in that fiscal year used in calculating the numerator
under subsection (c) of this section; provided that the required payments by
the county to the city shall not exceed the total of fire protection district
payments made to taxpayers in the district on account of that annexation."
SECTION 14.4.(b) G.S. 153A‑304.1(d) reads as rewritten:
"(d) Whenever a city is
required to make fire protection district tax payments by subsection (c) of
this section, and the city has paid or has contracted to pay to a rural fire
department funds under G.S. 160A‑37.1 or G.S. 160A‑58.57,
the county shall pay to the city from funds of the county service district an
amount equal to the amount paid by the city (or to be paid by the city) to a
rural fire department under G.S. 160A‑37.1 or G.S. 160A‑58.57
on account of annexation of territory in the county service district for the
number of months in that fiscal year used in calculating the numerator under
subsection (c) of this section; provided that the required payments by the
county to the city shall not exceed the total of fire protection district
payments made to taxpayers in the district on account of that annexation."
SECTION 15. G.S. 97‑25(f) reads as rewritten:
"(f) In claims subject
to G.S. 97‑18(b) and (d), a party may file a motion as set forth in
this subsection regarding a request for medical compensation or a dispute
involving medical issues. The nonmoving party shall have the right to contest
the motion. Motions and responses shall be submitted contemporaneously via
electronic mail means to the Commission and to the opposing party
or the opposing party's attorney[, as follows]:attorney, as follows:
(1) A party may file a motion with the Executive Secretary for an administrative ruling regarding a request for medical compensation or a dispute involving medical issues. The motion shall be decided administratively pursuant to rules governing motions practices in contested cases. The Commission shall decide the motion within 30 days of the filing of the motion unless an extension of time to respond to the motion has been granted for good cause shown. Either party may file a motion for reconsideration of the administrative order with the Executive Secretary. Either party may request an expedited formal hearing pursuant to G.S. 97‑84 and subdivision (2) of this subsection to appeal the decision of the Executive Secretary approving or denying the original motion or the motion for reconsideration. Within five days of the filing of a request for an expedited formal hearing pursuant to G.S. 97‑84 and subdivision (2) of this subsection to appeal the decision of the Executive Secretary, the Commission shall assign a Deputy Commissioner to conduct the formal hearing. The decision shall not be stayed during the pendency of an appeal pursuant to G.S. 97‑84 and subdivision (2) of this subsection except under those circumstances set out in subdivision (4) of this subsection. A motion to stay shall be filed with the Deputy Commissioner scheduled to conduct the formal hearing pursuant to G.S. 97‑84. Either party may appeal the decision of the Deputy Commissioner pursuant to G.S. 97‑84 to the Full Commission pursuant to G.S. 97‑85. The decision of the Deputy Commissioner shall not be stayed during the pendency of an appeal except under those circumstances set out in subdivision (4) of this subsection. A motion to stay the decision of the Deputy Commissioner pursuant to G.S. 97‑84 shall be directed to the Chair of the Commission. The Full Commission shall render a decision on the appeal of the Deputy Commissioner's decision on the motion within 60 days of the filing of the notice of appeal.
(2) In lieu of filing a motion with the Executive Secretary for an administrative ruling pursuant to subdivision (1) of this subsection, when appealing a ruling made pursuant to subdivision (1) of this subsection or when appealing an administrative ruling of the Chief Deputy or the Chief Deputy's designee on an emergency motion, a party may request a full evidentiary hearing pursuant to G.S. 97‑84 on an expedited basis, limited to a request for medical compensation or a dispute involving medical issues, by filing a motion with the Office of the Chief Deputy Commissioner. The case will not be ordered into mediation based upon a party's request for hearing on the motion or appeal under this subdivision, except upon the consent of the parties. The Commission shall set the date of the expedited hearing, which shall be held within 30 days of the filing of the motion or appeal and shall notify the parties of the time and place of the hearing on the motion or appeal. Upon request, the Commission may order expedited discovery. The record shall be closed within 60 days of the filing of the motion, or in the case of an appeal pursuant to subdivisions (1) and (3) of this subsection, within 60 days of the filing of the appeal, unless the parties agree otherwise or the Commission so orders. Transcripts of depositions shall be expedited if necessary and paid pursuant to rules promulgated by the Commission related to depositions and shall be submitted electronically to the Commission. The Commission shall decide the issue in dispute and make findings of fact based upon the preponderance of the evidence in view of the entire record. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue shall be filed with the record of the proceedings within 15 days of the close of the hearing record, and a copy of the award shall immediately be sent to the parties. Either party may appeal the decision of the Deputy Commissioner pursuant to G.S. 97‑84 to the Full Commission pursuant to G.S. 97‑85. The decision of the Deputy Commissioner pursuant to G.S. 97‑84 shall not be stayed during the pendency of an appeal except under those circumstances set out in subdivision (4) of this subsection. A motion to stay the decision of the Deputy Commissioner pursuant to G.S. 97‑84 shall be directed to the Chair of the Commission. The Full Commission shall render a decision on the appeal of the Deputy Commissioner's decision on the motion within 60 days of the filing of the notice of appeal.
(3) An emergency medical motion filed by either party shall be filed with the Office of the Chief Deputy Commissioner. The Chief Deputy or Chief Deputy's designee shall rule on the motion within five days of receipt unless the Chief Deputy or Chief Deputy's designee determines that the motion is not an emergency, in which case the motion shall be referred to the Executive Secretary for an administrative ruling pursuant to subdivision (1) of this subsection. Motions requesting emergency medical relief shall contain all of the following:
a. An explanation of the medical diagnosis and treatment recommendation of the health care provider that requires emergency attention.
b. A specific statement detailing the time‑sensitive nature of the request to include relevant dates and the potential for adverse consequences to the movant if the recommended relief is not provided emergently.
c. An explanation of opinions known and in the possession of the movant of additional medical or other relevant experts, independent medical examiners, and second opinion examiners.
d. Documentation known and in the possession of the movant in support of the request, including relevant medical records.
e. A representation that informal means of resolving the issue have been attempted.
Either party may appeal the decision of the Chief Deputy or the Chief Deputy's designee on the emergency motion by requesting an expedited formal hearing pursuant to G.S. 97‑84 and subdivision (2) of this subsection to appeal the administrative decision of the Chief Deputy or the Chief Deputy's designee on the emergency motion. Within five days of the filing of a request for an expedited formal hearing pursuant to G.S. 97‑84 and subdivision (2) of this subsection, the Commission shall assign a Deputy Commissioner to conduct the formal hearing. The decision of the Chief Deputy or the Chief Deputy's designee shall not be stayed during the pendency of an appeal of the administrative decision except under those circumstances set out in subdivision (4) of this subsection. Any motion to stay shall be filed with the Deputy Commissioner scheduled to conduct the expedited formal hearing pursuant to G.S. 97‑84 and subdivision (2) of this subsection. Either party may appeal the decision of the Deputy Commissioner pursuant to G.S. 97‑84 to the Full Commission pursuant to G.S. 97‑85. If so, the decision of the Deputy Commissioner shall not be stayed during the pendency of an appeal except under those circumstances set out in subdivision (4) of this subsection. Any motion to stay the decision of the Deputy Commissioner pursuant to G.S. 97‑84 shall be directed to the Chair of the Commission. The Full Commission shall render a decision on the appeal of the Deputy Commissioner's decision on the motion within 60 days of the filing of the notice of appeal.
(4) The Commission shall consider, among other factors, all of the following when determining whether to grant a motion to stay filed pursuant to this subsection:
a. Whether there would be immediate and irreparable injury, harm, loss, or damage to either party.
b. The nature and cost of the medical relief sought.
c. The risk for further injury or disability to the employee inherent in the treatment or its delay.
d. Whether it has been recommended by an authorized physician.
e. Whether alternative therapeutic modalities are available and reasonable.
(5) If the Commission determines that any party has acted unreasonably by initiating or objecting to a motion filed pursuant to this section, the Commission may assess costs associated with any proceeding, including any reasonable attorneys' fees and deposition costs, against the offending party."
SECTION 15.1. G.S. 105‑164.13(11b) reads as rewritten:
"(11b) Sales of aviation
gasoline and jet fuel to an interstate air business for use in a commercial
aircraft. For purposes of this subdivision, the term "commercial
aircraft" has the same meaning as defined in subdivision (45a) of this subsection
[section].section. This exemption also applies to aviation gasoline
and jet fuel purchased for use in a commercial aircraft in interstate or
foreign commerce by a person whose primary business is scheduled passenger air
transportation. This subdivision expires January 1, 2020."
SECTION 15.2. G.S. 106‑950 reads as rewritten:
"§ 106‑950. Exempt fires; no permit fees.
(a) This Article shall does
not apply to any fires started, or caused to be started, within 100 feet of
an occupied dwelling house if such the fire shall be is
confined (i) within an enclosure from which burning material may not escape
or (ii) within a protected area upon which a watch is being maintained and
which is provided with adequate fire protection equipment.
(a1) Except in cases where the
Commissioner has prohibited all open burning during periods of hazardous forest
fire conditions or during air pollution episodes declared pursuant to Article
21B of Chapter 143 of the General Statutes, this Article shall does not
apply to, and no air quality permit shall be required for, the burning of
polyethylene agricultural plastic used in connection with agricultural
operations related to the growing, harvesting, or maintenance of crops,
when all of the following conditions apply:
…."
SECTION 16. The catch line of G.S. 108A‑70.21 reads as rewritten:
"§ 108A‑70.21. Program eligibility; benefits;
enrollment fee and other cost‑sharing; coverage from private plans;
purchase of extended coverage.plans."
SECTION 17. G.S. 115C‑112.6(b1)(2)d. reads as rewritten:
"d. Carryforward of funds
for reimbursements. – Any unexpended scholarship funds at the end of each
fiscal year shall revert to the General Fund, except that the Authority may
carry forward for the next fiscal year an amount necessary to ensure that any
outstanding, allowable reimbursements can be disbursed in accordance with this
section. Any funds carried forward for the purpose of meeting anticipated
reimbursement obligations from the prior fiscal year that are not expended
shall not be used to award additional scholarships to eligible students but
shall revert to the General Fund at the end of the that fiscal
year."
SECTION 18. G.S. 120‑4.16(b) reads as rewritten:
"(b) Purchase of Service Credits Through Rollover Contributions From Certain Other Plans. – Notwithstanding any other provision of this Article, and without regard to any limitations on contributions otherwise set forth in this Article, a member, who is eligible to restore or purchase membership or creditable service pursuant to the provisions of this Article, may purchase such service credits through rollover contributions to the Annuity Savings Fund from (i) an annuity contract described in Section 403(b) of the Internal Revenue Code, (ii) an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, (iii) an individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income, or (iv) a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code. Notwithstanding the foregoing, the Retirement System shall not accept any amount as a rollover contribution unless such amount is eligible to be rolled over to a qualified trust in accordance with applicable law and the member provides evidence satisfactory to the Retirement System that such amount qualifies for rollover treatment. Unless received by the Retirement System in the form of a direct rollover, the rollover contribution must be paid to the Retirement System on or before the 60th day after the date it was received by the member.
(b1) Purchase of Service Credits Through Plan‑to‑Plan Transfers. – Notwithstanding any other provision of this Article, and without regard to any limitations on contributions otherwise set forth in this Article, a member, who is eligible to restore or purchase membership or creditable service pursuant to the provisions of this Article, may purchase such service credits through a direct transfer to the Annuity Savings Fund of funds from (i) an annuity contract described in Section 403(b) of the Internal Revenue Code or (ii) an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state."
SECTION 19. G.S. 120‑57 is repealed.
SECTION 19.1. G.S. 120‑70.106(d) reads as rewritten:
"(d) An establishment to
which permits may be issued pursuant to G.S. 18B‑1006(n1), as
enacted by S.L. 2016‑23, is designated a special class of property under
Section 2(2) of Article V of the North Carolina Constitution, and the motor
fuel sold by that establishment is taxable in accordance with this subsection.
Notwithstanding G.S. 105‑449.80, the motor fuel excise tax rate for
an establishment to which permits may be issued pursuant to G.S. 18B‑1006(n1),
as enacted by S.L. 2016‑23, is sixteen cents (16¢) per gallon. The
Revenue Laws Study Committee shall annually compare the motor fuel excise tax
rate imposed by this subsection with the rate levied by the State of South
Carolina on motor fuels and may recommend a change in the rate imposed by this
subsection to an amount no greater than the rate then in effect for the State
of South Carolina. An establishment designated as a special class of property
by this subsection may obtain monthly refunds on the difference between the
motor fuel excise tax imposed under G.S. 105‑449.80 and the motor
fuel excise tax imposed by this subsection. The Department [of Revenue] of
Revenue shall calculate for each calendar year the difference between the
motor fuel excise tax that would have been imposed under G.S. 105‑449.80
on the motor fuel sold by an establishment classified by this subsection in the
absence of this classification and the motor fuel excise tax that was imposed
on the motor fuel sold by the establishment due to the classification. The
difference in taxes, together with any interest, penalties, or costs that may
accrue thereon, are a lien on the real property underlying the establishment as
provided in G.S. 105‑355(a). The difference in taxes shall be
carried forward in the records of the Department as deferred taxes. The
deferred taxes for the preceding three calendar years are due and payable on
the day this subsection becomes ineffective due to the occurrence of a
disqualifying event; provided, however, the amount collected for deferred taxes
pursuant to this subsection does not exceed the tax value of the property. A
disqualifying event occurs when the title to the real property underlying the
establishment is transferred to a new owner. A lien for deferred taxes is
extinguished when the amount required by this subsection is paid."
SECTION 20. G.S. 136‑41.2(c) reads as rewritten:
"(c) No municipality shall
be eligible to receive funds under G.S. 136‑41.1 unless it has
formally adopted a budget ordinance in substantial compliance with G.S. 160‑410.3,
G.S. 159‑8 and G.S. 159‑13, showing revenue
received from all sources, and showing that funds have been appropriated for at
least two of the following municipal services if the municipality was
incorporated with an effective date prior to January 1, 2000, water
distribution; sewage collection or disposal; garbage and refuse collection or
disposal; fire protection; police protection; street maintenance, construction,
or right‑of‑way acquisition; or street lighting, or at least four
of the following municipal services if the municipality was incorporated with
an effective date of on or after January 1, 2000: (i) police protection; (ii)
fire protection; (iii) solid waste collection or disposal; (iv) water
distribution; (v) street maintenance; (vi) street construction or right‑of‑way
acquisition; (vii) street lighting; and (viii) zoning."
SECTION 20.1.(a) G.S. 143‑58.5 reads as rewritten:
"§ 143‑58.5. Alternative Fuel Revolving Fund.
(a) The definitions set out in G.S. 143‑58.4 apply to this section.
(b) The Alternative Fuel Revolving Fund is created and shall be held by the State Treasurer. The Fund shall consist of moneys received from the sale of EPAct credits under G.S. 143‑58.4, any moneys appropriated to the Fund by the General Assembly, and any moneys obtained or accepted by the Department for deposit into the Fund. The Fund shall be managed to maximize benefits to the State for the purchase of alternative fuel, related refueling infrastructure, and AFV purchases. To the extent possible, benefits from the sale of EPAct credit shall be distributed to State departments, institutions, and agencies in proportion to the number of EPAct credits generated by each. No portion of the Fund shall be transferred to the General Fund, and any appropriation made to the Fund shall not revert. The State Treasurer shall invest moneys in the Fund in the same manner as other funds are invested. Interest and moneys earned on such investments shall be credited to the Fund.
(c) The Fund shall be used to offset the incremental fuel cost of biodiesel and biodiesel blend fuel with a minimum biodiesel concentration of B‑20 for use in State vehicles, for the purchase of ethanol fuel with a minimum ethanol concentration of E‑85 for use in State vehicles, the incremental vehicle cost of purchasing AFVs, for the development of related refueling infrastructure, for the costs of administering the Fund, and for projects approved by the Energy Policy Council.
(d) The Secretary of Administration
Environmental Quality shall adopt rules as necessary to implement
this section.
(e) The Department shall
submit to the Joint Legislative Commission on Governmental Operations and the
Fiscal Research Division no later than 1 October October 1 of
each year a report on the expenditures from the Fund during the preceding
fiscal year."
SECTION 20.1.(b) The Codifier of Rules shall make any conforming rule changes necessary to reflect name changes and any recodifications resulting from the name change made by this section.
SECTION 21. G.S. 143‑215.31(a1) reads as rewritten:
"(a1) The owner of a dam
classified by the Department as a high‑hazard dam or an intermediate‑hazard
dam shall develop an Emergency Action Plan for the dam as provided in this subsection;subsection:
(1) The owner of the dam shall submit a proposed Emergency Action Plan for the dam within 90 days after the dam is classified as a high‑hazard dam or an intermediate‑hazard dam to the Department and the Department of Public Safety for their review and approval. The Department and the Department of Public Safety shall approve the Emergency Action Plan if they determine that it complies with the requirements of this subsection and will protect public health, safety, and welfare; the environment; and natural resources.
…
(6) Information included in
an Emergency Action Plan that constitutes sensitive public security
information, as provided in G.S. 132‑1.7, shall be maintained as
confidential information and shall not be subject to disclosure under the
Public Records Act. For purposes of this section, "sensitive public
security information" shall include Critical Energy Infrastructure
Information protected from disclosure under rules adopted by the Federal Energy
Regulatory Commission in 18 C.F.R. § 333.112.18 C.F.R. § 388.112."
SECTION 22. G.S. 143‑341.2(b)(3) reads as rewritten:
"(3) Auditor may audit
submissions. – The State Auditor may audit submissions made to the Department
of Administration pursuant to subdivision (1) of this subsection and may
recover any costs incurred in preforming performing such an audit
from the State Land Fund, in accordance with G.S. 146‑72."
SECTION 23. G.S. 143B‑168.5 reads as rewritten:
"§ 143B‑168.5. Child Care – special unit.
There is established within the
Department of Health and Human Services Services, Division of Child
Development and Early Education, a special unit to deal primarily with
violations involving child abuse and neglect in child care arrangements. The
Child Care Commission shall make rules for the investigation of reports of
child abuse or neglect and for administrative action when child abuse or
neglect is substantiated, pursuant to G.S. 110‑88(6a), 110‑105,
and 110‑105.2.110‑105.3, 110‑105.4, 110‑105.5,
and 110‑105.6."
SECTION 24. G.S. 143B‑394.15(c) reads as rewritten:
"(c) Membership. – The
Commission shall consist of 39 38 members, who reflect the
geographic and cultural regions of the State, as follows:
…
(4) The following persons or their designees, ex officio:
a. The Governor.
b. The Lieutenant Governor.
c. The Attorney General.
d. The Secretary of the
Department of Administration.
e. The Secretary of the Department of Public
Safety.
f. The Superintendent of Public Instruction.
g. The Secretary of Public Safety.
h. The Secretary of the
Department of Health and Human Services.
i. The Director of the Office of State Human Resources.
j. The Chair of the North Carolina Council for Women.
k. The Dean of the School of Government at the University of North Carolina at Chapel Hill.
l. The Chairman of the Governor's Crime Commission."
SECTION 24.1. G.S. 143B‑437.56(b) reads as rewritten:
"(b) The term of the
grant shall not exceed the duration listed in this subsection. The first grant
payment must be made within six years after the date on which the grant was
awarded. The number of years in the base period for which grant payments may be
made shall not exceed five years. [Maximum durations are:]Maximum
durations are:
(1) For high‑yield projects in which the business receives the enhanced percentage pursuant to subsection (a1) of this section, 20 years starting with the first year a grant payment is made. If a business is disqualified from the enhanced percentage in one of the first 12 years, the term of the grant shall not exceed 12 years starting with the first year a grant payment is made. If a business is disqualified from receiving the enhanced percentage after the first 12 years, the term of the grant ends in the year the disqualification occurs.
(2) For all other projects, 12 years starting with the first year a grant payment is made."
SECTION 25. G.S. 143B‑931(b) reads as rewritten:
"(b) The Department of
Public Safety may provide a criminal history record check to the board of
directors of a regional school of a person who is employed at a regional school
or of a person who has applied for employment at a regional school if the
employee or applicant consents to the record check. The Department may also
provide a criminal history record check of school personnel as defined in G.S.
115C‑238.56N G.S. 115C‑238.73 by fingerprint card
to the board of directors of the regional school from the National Repositories
of Criminal Histories, in accordance with G.S. 115C‑238.56N. G.S. 115C‑238.73.
The information shall be kept confidential by the board of directors of the
regional school as provided in G.S. 115C‑238.56N.G.S. 115C‑238.73."
SECTION 26. G.S. 143C‑6‑4(b) reads as rewritten:
"(b) Budget Adjustments. – Notwithstanding the provisions of G.S. 143C‑6‑1, a State agency may, with approval of the Director of the Budget, spend more than was appropriated in the certified budget by adjusting the authorized budget for all of the following:
(1) Line items within programs. – An object or line item within a purpose or program so long as the total amount expended for the purpose or program is no more than was authorized in the certified budget for the purpose or program.
(2) Responses to extraordinary events. – A purpose or program if the overexpenditure of the purpose or program is:
a. Required by a court or Industrial Commission order;
b. Authorized under G.S.
166A‑19.40(a) G.S. 166A‑19.40(a)(1) and (c) of the
North Carolina Emergency Management Act; or
c. Required to call out the North Carolina National Guard.
(3) Responses to unforeseen circumstances. – A purpose or program not subject to the provisions of subdivision (b)(2) of this subsection, if each of the following conditions is satisfied:
a. The overexpenditure is required to continue the purpose or programs due to complications or changes in circumstances that could not have been foreseen when the budget for the fiscal period was enacted.
b. The scope of the purpose or program is not increased.
c. The overexpenditure is authorized on a one‑time nonrecurring basis for one year only, unless the overexpenditure is the result of (i) salary adjustments authorized by law or (ii) the establishment of time‑limited positions funded with agency receipts."
SECTION 27. G.S. 146‑9(b) reads as rewritten:
"(b) Notwithstanding subsection (a) of this section, or any other provision of law, prior to expiration of a lease of mineral deposits in State lands, the Department of Administration or other entity designated by the Department shall solicit competitive bids for lease of such mineral deposits, which shall include a process for upset bids as described in this subsection. An upset bid is an increased or raised bid whereby a person offers to lease such mineral rights for an amount exceeding the highest bid received in response to the initial solicitation for competitive bids, or the last upset bid, as applicable, by a minimum of five percent (5%). The process shall provide that the Department or other designated entity that issued the solicitation for competitive bids shall issue a notice of high bid to the person submitting the highest bid in response to the initial solicitation for competitive bids, or the person submitting the last upset bid, as applicable, and any other bidders that have submitted a bid in an amount seventy‑five percent (75%) or more of the highest bid received in response to the initial solicitation for competitive bids, or the last upset bid, as applicable, of the highest bid received at that point within 10 days of the closure of the bidding period, as provided in the solicitation for competitive bids, through notice delivered by any means authorized under G.S. 1A‑1, Rule 4. Thereafter, an upset bid may be made by delivering to the Department or other designated entity, subject to all of the following requirements and conditions:
…
(4) When an upset bid is made
as provided in this subsection, the Department or other designated entity shall
notify to the highest prior bidder, and any other bidders that have
submitted a bid in an amount seventy‑five percent (75%) or more of the
current high bid received in response to the initial solicitation for
competitive bids, or the last upset bid, as applicable.
…."
SECTION 28. G.S. 147‑12(a) reads as rewritten:
"(a) In addition to the powers and duties prescribed by the Constitution, the Governor has the powers and duties prescribed in this and the following sections:
(1) To supervise the official conduct of all executive and ministerial officers; and when the Governor deems it advisable to visit all State institutions for the purpose of inquiring into the management and needs of the same.
…
(12) To name and locate State
government buildings, monuments, memorials, and improvements, as provided by G.S.
143B‑373(1).G.S. 143B‑373(a)(1).
…."
SECTION 28.1.(a) G.S. 147‑69.2(b) reads as rewritten:
"(b) It shall be the duty
of the State Treasurer to invest the cash of the funds enumerated in subsection
(a) of this section in excess of the amount required to meet the current needs
and demands on such these funds. The State Treasurer may invest
the funds as provided in this subsection in the manner authorized by subsection
(e) of this section. If an investment was authorized by this subsection at the
time the investment was made or contractually committed to be made, then that
investment shall continue to be authorized by this subsection, and none of the
percentage or other limitation on investments set forth in this subsection
shall be construed to require the State Treasurer to subsequently dispose of
the investment or fail to honor any contractual commitments as a result of
changes in market values, ratings, or other investment qualifications. For
purposes of computing market values on which percentage limitations on
investments in this subsection are based, all investments shall be valued as of
the last date of the most recent fiscal quarter. Notwithstanding anything in
this section to the contrary, the State Treasurer shall categorize investment
management arrangements according to the primary investment type or primary
strategy utilized under the arrangement authorized under subsection (e) of this
section. No investment management arrangement may be categorized in more than
one of the subdivisions of this section. [The State Treasurer shall select
from among the following investments subject to the following limitations and
requirements:]The State Treasurer shall select from among the following
investments subject to the following limitations and requirements:
(1) Investments authorized by G.S. 147‑69.1(c)(1)‑(7).
(2) General obligations of other states of the United States.
(3) General obligations of cities, counties and special districts in North Carolina.
(4) Obligations of any company, other organization or legal entity incorporated or otherwise created or located within or outside the United States, including obligations that are convertible into equity securities, if, when acquired, the obligations are within one of the four highest rating categories regardless of gradations, such as ratings beginning with "AAA," "AA," "A," or either "BBB" or "Baa," of at least one nationally recognized rating service designated by the U.S. Securities and Exchange Commission.
(5) Repealed by Session Laws 2001‑444, s. 2, effective October 1, 2001.
(6) Asset‑backed securities (whether considered debt or equity), if, when acquired, the obligations are within one of the four highest ratings categories regardless of gradations, such as ratings beginning with "AAA," "AA," "A," or either "BBB" or "Baa," of at least one nationally recognized rating service designated by the U.S. Securities and Exchange Commission.
(6a) In addition to the limitations and requirements with respect to the investments of the Retirement Systems set forth in this subsection, the State Treasurer shall select investments of the assets of the Retirement Systems such that investments made pursuant to subdivisions (b)(1) through (6) of this section shall at all times equal or exceed twenty percent (20%) of the market value of all invested assets of the Retirement Systems.
(6b) Repealed by Session Laws 2016‑55, s. 1.3, effective January 31, 2017.
(6c) With respect to Retirement Systems' assets referred to in subdivision (b)(8), they may be invested, within or outside the United States, in obligations, debt securities, and asset‑backed securities, whether considered debt or equity, including obligations and securities convertible into other securities, that do not meet the requirements of any of subdivisions (b)(1) through (6) of this section nor subdivision (b)(7) of this section. The amount invested under this subdivision shall not exceed seven and one‑half percent (7.5%) of the market value of all invested assets of the Retirement Systems.
(7) Retirement Systems' assets referred to in subdivision (8) of this subsection may be invested in strategies managed primarily for the purpose of owning real estate or related debt financing, excluding asset‑backed financing and timberlands, located within or outside the United States. The amount invested under this subdivision shall not exceed ten percent (10%) of the market value of all invested assets of the Retirement Systems.
(8) With respect to assets of
the Teachers' and State Employees' Retirement System, the Consolidated Judicial
Retirement System, the Firefighters' and Rescue Workers' Pension Fund, the
Local Governmental Employees' Retirement System, the Legislative Retirement
System, the North Carolina National Guard Pension Fund, the Registers of Deeds'
Supplemental Pension Fund, and the Retiree Health Benefit Fund (hereinafter
referred to collectively as the Retirement Systems), they may be invested in a
strategy composed primarily of equity securities traded on a public securities
exchange or market organized and regulated pursuant to the laws of the
jurisdiction of such the exchange or market and issued by any
company incorporated or otherwise created or located within or outside the
United States; provided States as long as the investments meet
the conditions of this subdivision. The investments authorized for the
Retirement Systems under this subdivision are subject to the following
limitations:
a. Repealed by Session Laws 2016‑55, s. 1.3, effective January 31, 2017.
a1. The aggregate amount of such
the investments cannot exceed sixty‑five percent (65%) of the
market value of all invested assets of the Retirement Systems.
b. The aggregate amount of the investment invested through investment companies described in sub‑subdivision (e)(4)b. of this section shall not exceed eight and one‑half percent (8.5%) of the market value of all invested assets of the Retirement Systems, except that the market value of group trusts and individual, common, or collective trust funds of banks and trust companies shall not be applied against this limit.
c. Repealed by Session Laws 2016‑55, s. 1.3, effective January 31, 2017.
(9) With respect to Retirement Systems' assets, as defined in subdivision (b)(8) of this subsection, they may be invested in (i) a strategy composed primarily of private equity, or corporate buyout transactions, within or outside the United States or (ii) an arrangement authorized under subsection (e) of this section with the primary purpose to engage in other strategies not expressly authorized by any other subdivision of this subsection. The amount invested under this subdivision shall not exceed eight and three‑quarters percent (8.75%) of the market value of all invested assets of the Retirement Systems.
(9a) With respect to Retirement Systems' assets, as defined in subdivision (b)(8) of this subsection, they may be invested, within or outside the United States, in obligations, debt securities, asset‑backed securities, whether considered debt or equity, and other investments that are acquired by the Treasurer for the primary purpose of providing protection against risks associated with inflation, along with timberland, natural resources, commodities, infrastructure, transportation, agriculture, and other tangible and intangible real assets. The amount invested under this subdivision shall not exceed seven and one‑half percent (7.5%) of the market value of all invested assets of the Retirement Systems.
(10) Recodified as part of subdivision (b)(9) by Session Laws 2000‑160, s. 2.
(10a) With respect to Retirement Systems' assets, as defined in subdivision (8) of this subsection, the market value of any of subdivision (6c) or (7), sub‑subdivision b. of subdivision (8), or subdivision (9) or (9a) of this subsection shall not exceed ten percent (10%) of the market value of all invested assets of the Retirement Systems; and the aggregate market value of all assets invested pursuant to subdivisions (6c) and (7), sub‑subdivision b. of subdivision (8), and subdivisions (9) and (9a) of this subsection shall not exceed thirty‑five percent (35%) of the market value of all invested assets of the Retirement Systems.
(11) Repealed by Session Laws 2013‑360, s. 6.3(c), effective July 1, 2013.
(12) It is the intent of the General Assembly that the Escheat Fund provide a perpetual and sustainable source of funding for the purposes authorized by the State Constitution. Accordingly, the following provisions apply:
a. With respect to assets of
the Escheat Fund, in addition to those investments authorized by subdivisions
(1) through (6) of this subsection, up to ten percent (10%) of such the
assets may be invested in the investments authorized under subdivisions
(6c) through (9a) of this subsection, notwithstanding the percentage
limitations imposed on the Retirement Systems' investments under those
subdivisions, and provided that the State Treasurer may invest the assets as
provided in subsection (e) of this section.
b. Repealed by Session Laws 2016‑55, s. 1.3, effective January 31, 2017.
c. The State Treasurer shall invest, in addition to those investments authorized by sub‑subdivision a. of this subdivision, ten percent (10%) of the net assets of the Escheat Fund as authorized under G.S. 147‑69.2A."
SECTION 28.1.(b) G.S. 147‑69.12(c) reads as rewritten:
"(c) The Treasurer shall
report to the Governor annually and to the General Assembly at the beginning of
each biennial session the exact balance in the treasury to the credit of the
State, with a summary of the receipts and payments of the treasury during the
preceding fiscal year, and so far as practicable an account of the same down to
the termination of the current calendar year. Reserved."
SECTION 29. G.S. 153A‑340(h) reads as rewritten:
"(h) As provided in this
subsection, counties may adopt temporary moratoria on any county development
approval required by law. county development approval required by law,
except for the purpose of developing and adopting new or amended plans or
ordinances as to residential uses. The duration of any moratorium shall be
reasonable in light of the specific conditions that warrant imposition of the
moratorium and may not exceed the period of time necessary to correct, modify,
or resolve such conditions. Except in cases of imminent and substantial threat
to public health or safety, before adopting an ordinance imposing a development
moratorium with a duration of 60 days or any shorter period, the board of
commissioners shall hold a public hearing and shall publish a notice of the
hearing in a newspaper having general circulation in the area not less than
seven days before the date set for the hearing. A development moratorium with a
duration of 61 days or longer, and any extension of a moratorium so that the
total duration is 61 days or longer, is subject to the notice and hearing
requirements of G.S. 153A‑323. Absent an imminent threat to public
health or safety, a development moratorium adopted pursuant to this section
shall not apply to any project for which a valid building permit issued
pursuant to G.S. 153A‑357 is outstanding, to any project for which a
conditional use permit application or special use permit application has been
accepted, to development set forth in a site‑specific or phased
development plan approved pursuant to G.S. 153A‑344.1, to
development for which substantial expenditures have already been made in good
faith reliance on a prior valid administrative or quasi‑judicial permit
or approval, or to preliminary or final subdivision plats that have been
accepted for review by the county prior to the call for public hearing to adopt
the moratorium. Any preliminary subdivision plat accepted for review by the county
prior to the call for public hearing, if subsequently approved, shall be
allowed to proceed to final plat approval without being subject to the
moratorium.
Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
(1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the county and why those alternative courses of action were not deemed adequate.
(2) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
(3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
(4) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the county during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
No moratorium may be subsequently renewed or extended for any additional period unless the city shall have taken all reasonable and feasible steps proposed to be taken by the county in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in subdivisions (1) through (4) of this subsection, including what new facts or conditions warrant the extension.
Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the county shall have the burden of showing compliance with the procedural requirements of this subsection."
SECTION 30. G.S. 160A‑332(a) reads as rewritten:
"(a) The suppliers of
electric service inside the corporate limits of any city in which a secondary
supplier was furnishing electric service on the determination date (as
defined in G.S. 160A‑331(1)) date, as defined in G.S. 160A‑331(1b),
shall have rights and be subject to restrictions as follows:
…."
SECTION 31.(a) G.S. 160A‑372(e) reads as rewritten:
"(e) The ordinance may
provide that a developer may provide funds to the city whereby the city may
acquire recreational land or areas to serve the development or subdivision,
including the purchase of land that may be used to serve more than one
subdivision or development within the immediate area. All funds received by the
city pursuant to this paragraph [subsection] subsection shall be
used only for the acquisition or development of recreation, park, or open space
sites. Any formula enacted to determine the amount of funds that are to be
provided under this paragraph [subsection] subsection shall be
based on the value of the development or subdivision for property tax purposes.
The ordinance may allow a combination or partial payment of funds and partial
dedication of land when the governing body of the city determines that this
combination is in the best interests of the citizens of the area to be served."
SECTION 31.(b) G.S. 160A‑372(f) reads as rewritten:
"(f) The ordinance may
provide that in lieu of required street construction, a developer may be
required to provide funds that the city may use for the construction of roads
to serve the occupants, residents, or invitees of the subdivision or
development and these funds may be used for roads which serve more than one
subdivision or development within the area. All funds received by the city
pursuant to this paragraph [subsection] subsection shall be used only
for development of roads, including design, land acquisition, and construction.
However, a city may undertake these activities in conjunction with the
Department of Transportation under an agreement between the city and the
Department of Transportation. Any formula adopted to determine the amount of
funds the developer is to pay in lieu of required street construction shall be
based on the trips generated from the subdivision or development. The ordinance
may require a combination of partial payment of funds and partial dedication of
constructed streets when the governing body of the city determines that a
combination is in the best interests of the citizens of the area to be
served."
SECTION 31.1. G.S. 160A‑536 reads as rewritten:
"§ 160A‑536. Purposes for which districts may be established.
…
(d) Contracts. – A city may provide services, facilities, functions, or promotional and developmental activities in a service district with its own forces, through a contract with another governmental agency, through a contract with a private agency, or by any combination thereof. Any contracts entered into pursuant to this subsection shall comply with all of the following criteria:
(1) The contract shall specify the purposes for which city moneys are to be used for that service district.
(2) The contract shall
require an appropriate accounting for those moneys at the end of each fiscal
year or other appropriate period. The For contracts entered into on
or after June 1, 2016, the appropriate accounting shall include the name,
location, purpose, and amount paid to any person or persons with whom the
private agency contracted to perform or complete any purpose for which the city
moneys were used for that service district.
(d1) Additional Requirements for Certain Contracts. – In addition to the requirements of subsection (d) of this section, if the city enters into a contract with a private agency for a service district under subdivision (a)(1a), (2), or (2a) of this section, the city shall comply with all of the following:
(1) The city shall solicit input from the residents and property owners as to the needs of the service district prior to entering into the contract.
(2) Prior to entering into, or the renewal of, any contract under this section, the city shall use a bid process to determine which private agency is best suited to achieve the needs of the service district. The city shall determine criteria for selection of the private agency and shall select a private agency in accordance with those criteria. If the city determines that a multiyear contract with a private agency is in the best interest of the city and the service district, the city may enter into a multiyear contract not to exceed five years in length.
(3) The city shall hold a public hearing prior to entering into the contract, which shall be noticed by publication in a newspaper of general circulation, for at least two successive weeks prior to the public hearing, in the service district.
(4) The city shall require the private agency to report annually to the city, by presentation in a city council meeting and in written report, regarding the needs of the service district, completed projects, and pending projects. Prior to the annual report, the private agency shall seek input of the property owners and residents of the service district regarding needs for the upcoming year.
(5) The contract shall specify the scope of services to be provided by the private agency. Any changes to the scope of services shall be approved by the city council.
…."
SECTION 32.(a) Section 7.1 of S.L. 2014‑107 reads as rewritten:
"SECTION 7.1. Section 5.1 of this act applies to all trusts created before, on, or after the effective date of this act. Except as otherwise provided, this act is effective when it becomes law."
SECTION 32.(b) This section becomes retroactively effective August 6, 2014.
SECTION 33. The introductory language of Section 54.5(b) of S.L. 2015‑264 reads as rewritten:
"SECTION 54.5.(b) Section
32.2(c) Section 32.3(c) of S.L. 2015‑241 reads as rewritten:"
SECTION 33.1. Section 2 of S.L. 2016‑102 reads as rewritten:
"SECTION 2. The changes
made in Section 1 of this act are effective unless either or both of the
decisions of the United States District Court for the Middle District of North
Carolina ruling G.S. 14‑208.18(a)(2) and G.S. 14‑408.18(a)(3)
G.S. 14‑208.18(a)(3) unconstitutional, as they existed
prior to the enactment of this act, are stayed or overturned by a higher court
on appeal, in which case the appropriate portion of the prior version of the
statute to which the decision pertained is again effective as follows:
(1) If the ruling enjoining enforcement of G.S. 14‑208.18(a)(2) is stayed or overturned, the changes made to subsection (c) of G.S. 14‑208.18 by Section 1 of this act shall be repealed.
(2) If the ruling enjoining enforcement of G.S. 14‑208.18(a)(3) is stayed or overturned, the changes made to subdivision (3) of subsection (a) of G.S. 14‑208.18 by Section 1 of this act shall be repealed."
SECTION 33.2. The introductory language of Section 6(c) of S.L. 2016‑108 reads as rewritten:
"SECTION 6.(c) G.S. 136‑6(o)
G.S. 135‑6(o) reads as rewritten:"
SECTION 33.3. Section 2(m) of S.L. 2016‑117 is rewritten to read:
"SECTION 2.(m) The title of Article 1D of Chapter 90 of the General Statutes reads as rewritten:
"Article 1D.
"Peer Review.Health
Program for Medical Professionals.""
SECTION 33.4.(a) The introductory language of Section 6.1(a) of S.L. 2016‑123 reads as rewritten:
"SECTION 6.1.(a) If
House Bill 1030, 2015 Regular Session, becomes law, then G.S. 13‑202.1(f),
G.S. 113‑202.1(f), as enacted by Section 14.11(b) of that
act, reads as rewritten:".
SECTION 33.4.(b) The introductory language of Section 6.1(b) of S.L. 2016‑123 reads as rewritten:
"SECTION 6.1.(b) If
House Bill 1030, 2015 Regular Session, becomes law, then G.S. 13‑202.2(f),
G.S. 113‑202.2(f), as enacted by Section 14.11(c) of that
act, reads as rewritten:".
SECTION 34.(a) The Revisor of Statutes shall cause to be printed an explanatory comment to G.S. 36C‑1‑112, prepared by the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association, that Section having originally prepared Chapter 36C of the General Statutes for introduction in 2005, as the Revisor may deem appropriate.
SECTION 34.(b) The Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of Sections 12 and 13(b) and 13(c) of this act, as the Revisor may deem appropriate.
part II. other technical, conforming, and clarifying amendments
SECTION 35. G.S. 12‑3 is amended by adding two new subdivisions to read:
"(16) "Husband and Wife" and similar terms. – The words "husband and wife," "wife and husband," "man and wife," "woman and husband," "husband or wife," "wife or husband," "man or wife," "woman or husband," or other terms suggesting two individuals who are then lawfully married to each other shall be construed to include any two individuals who are then lawfully married to each other.
(17) "Widow" and "Widower." – The words "widow" and "widower" mean the surviving spouse of a deceased individual."
SECTION 35.1. The catch line of G.S. 42‑45.2 reads as rewritten:
"§ 42‑45.2. Early termination of rental agreement by military
and tenants residing in certain foreclosed property."
SECTION 36. G.S. 58‑37‑1(6) reads as rewritten:
"(6) "Motor
vehicle" means every self‑propelled vehicle that is designed for use
upon a highway, including trailers and semitrailers designed for use with such
vehicles (except traction engines, road rollers, farm tractors, tractor cranes,
power shovels, and well drillers). "Motor vehicle" also means a
motorcycle, as defined in G.S. 20‑4.01(27)d., and a moped, as
defined in G.S. 20‑4.01(27)d1., orG.S. 20‑4.01(27)d1.
"Motor vehicle" does not mean an electric assisted bicycle, as
defined in G.S. 20‑4.01(7a)."
SECTION 37.(a) G.S. 90‑12.7(c) reads as rewritten:
"(c) A pharmacist may
dispense an opioid antagonist to a person described in subdivision (b)(1)(1)
of subsection (b) of this section pursuant to a prescription issued
pursuant to subsection (b) of this section. For purposes of this section, the
term "pharmacist" is as defined in G.S. 90‑85.3."
SECTION 37.(b) If House Bill 243, 2017 Regular Session, becomes law, this section is repealed.
SECTION 38. G.S. 90‑96 reads as rewritten:
"§ 90‑96. Conditional discharge for first offense.
(a) Whenever any person who
has not previously been convicted of (i) any felony offense under any state or
federal laws; (ii) any offense under this Article; or (iii) an offense under
any statute of the United States or any state relating to those substances
included in Article 5 or 5A of Chapter 90 or to that paraphernalia included in
Article 5B of Chapter 90 of the General Statutes pleads guilty to or is found
guilty of (i) a misdemeanor under this Article by possessing a controlled
substance included within Schedules I through VI of this Article or by
possessing drug paraphernalia as prohibited by G.S. 90‑113.22, G.S. 90‑113.22
or G.S. 90‑113.22A or (ii) a felony under G.S. 90‑95(a)(3),
the court shall, without entering a judgment of guilt and with the consent of such
the person, defer further proceedings and place him the
person on probation upon such reasonable terms and conditions as it may
require, unless the court determines with a written finding, and with the
agreement of the District Attorney, that the offender is inappropriate for a
conditional discharge for factors related to the offense. Notwithstanding the
provisions of G.S. 15A‑1342(c) or any other statute or law,
probation may be imposed under this section for an offense under this Article
for which the prescribed punishment includes only a fine. To fulfill the terms
and conditions of probation the court may allow the defendant to participate in
a drug education program approved for this purpose by the Department of Health
and Human Services or in the Treatment for Effective Community Supervision
Program under Subpart B of Part 6 of Article 13 of Chapter 143B of the General
Statutes. Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon fulfillment of
the terms and conditions, the court shall discharge such the person
and dismiss the proceedings against him. proceedings. Discharge
and dismissal under this section shall be without court adjudication of guilt
and shall not be deemed a conviction for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon conviction of
a crime including the additional penalties imposed for second or subsequent
convictions under this Article. Discharge and dismissal under this section or
G.S. 90‑113.14 may occur only once with respect to any person.
Disposition of a case to determine discharge and dismissal under this section
at the district court division of the General Court of Justice shall be final
for the purpose of appeal. Prior to taking any action to discharge and dismiss
under this section the court shall make a finding that the defendant has no
record of previous convictions as provided in this subsection.
(a1) Upon the first conviction only of any offense which qualifies under the provisions of subsection (a) of this section, and the provisions of this subsection, the court may place defendant on probation under this section for an offense under this Article including an offense for which the prescribed punishment includes only a fine. The probation, if imposed, shall be for not less than one year and shall contain a minimum condition that the defendant who was found guilty or pleads guilty enroll in and successfully complete, within 150 days of the date of the imposition of said probation, the program of instruction at the drug education school approved by the Department of Health and Human Services pursuant to G.S. 90‑96.01. The court may impose probation that does not contain a condition that defendant successfully complete the program of instruction at a drug education school if:
(1) There is no drug education school within a reasonable distance of the defendant's residence; or
(2) There are specific, extenuating circumstances which make it likely that defendant will not benefit from the program of instruction.
The court shall enter such specific findings in the record; provided that in the case of subdivision (2) above, such findings shall include the specific, extenuating circumstances which make it likely that the defendant will not benefit from the program of instruction.
Upon fulfillment of the terms and conditions of the probation, the court shall discharge such person and dismiss the proceedings against the person.
For the purposes of determining
whether the conviction is a first conviction or whether a person has already
had discharge and dismissal, no prior offense occurring more than seven years
before the date of the current offense shall be considered. In addition,
convictions for violations of a provision of G.S. 90‑95(a)(1) or 90‑95(a)(2)
or 90‑95(a)(3), or 90‑113.10, or 90‑113.11, or 90‑113.12,
or 90‑113.22 90‑113.22, or 90‑113.22A shall be
considered previous convictions.
Failure to complete successfully an approved program of instruction at a drug education school shall constitute grounds to revoke probation pursuant to this subsection and deny application for expunction of all recordation of defendant's arrest, indictment, or information, trial, finding of guilty, and dismissal and discharge pursuant to G.S. 15A‑145.2. For purposes of this subsection, the phrase "failure to complete successfully the prescribed program of instruction at a drug education school" includes failure to attend scheduled classes without a valid excuse, failure to complete the course within 150 days of imposition of probation, willful failure to pay the required fee for the course as provided in G.S. 90‑96.01(b), or any other manner in which the person fails to complete the course successfully. The instructor of the course to which a person is assigned shall report any failure of a person to complete successfully the program of instruction to the court which imposed probation. Upon receipt of the instructor's report that the person failed to complete the program successfully, the court shall revoke probation, shall not discharge such person, shall not dismiss the proceedings against the person, and shall deny application for expunction of all recordation of defendant's arrest, indictment, or information, trial, finding of guilty, and dismissal and discharge pursuant to G.S. 15A‑145.2. A person may obtain a hearing before the court of original jurisdiction prior to revocation of probation or denial of application for expunction.
This subsection is supplemental and in addition to existing law and shall not be construed so as to repeal any existing provision contained in the General Statutes of North Carolina.
(b) Upon the discharge of such person, and dismissal of the proceedings against the person under subsection (a) or (a1) of this section, such person, if he or she was not over 21 years of age at the time of the offense, may be eligible to apply for expunction of certain records relating to the offense pursuant to G.S. 15A‑145.2(a).
(c) Repealed by Session Laws 2009‑510, s. 8(b), effective October 1, 2010.
(d) Whenever any person is charged with a misdemeanor under this Article by possessing a controlled substance included within Schedules I through VI of this Article or a felony under G.S. 90‑95(a)(3), upon dismissal by the State of the charges against such person, upon entry of a nolle prosequi, or upon a finding of not guilty or other adjudication of innocence, the person may be eligible to apply for expunction of certain records relating to the offense pursuant to G.S. 15A‑145.2(b).
(e) Whenever any person who has not previously been convicted of (i) any felony offense under any state or federal laws; (ii) any offense under this Article; or (iii) an offense under any statute of the United States or any state relating to controlled substances included in any schedule of this Article or to that paraphernalia included in Article 5B of Chapter 90 of the General Statutes pleads guilty to or has been found guilty of (i) a misdemeanor under this Article by possessing a controlled substance included within Schedules I through VI of this Article, or by possessing drug paraphernalia as prohibited by G.S. 90‑113.22 or G.S. 90‑113.22A, or (ii) a felony under G.S. 90‑95(a)(3), the person may be eligible to apply for cancellation of the judgment and expunction of certain records related to the offense pursuant to G.S. 15A‑145.2(c).
(f) Repealed by Session Laws 2009‑577, s. 6, effective December 1, 2009, and applicable to petitions for expunctions filed on or after that date."
SECTION 39.(a) G.S. 90‑414.5(a) reads as rewritten:
"(a) The Authority shall
provide the Department and the State Health Plan for Teachers and State
Employees secure, real‑time access to data and information disclosed
through the HIE Network, solely for the purposes set forth in subsection (a)
of this section G.S. 90‑414.4(a) and in G.S. 90‑414.2.
The Authority shall limit access granted to the State Health Plan for Teachers
and State Employees pursuant to this section to data and information disclosed
through the HIE Network that pertains to services (i) rendered to teachers and
State employees and (ii) paid for by the State Health Plan."
SECTION 39.(b) G.S. 90‑414.7(b) reads as rewritten:
"(b) Powers and Duties. – The Authority has the following powers and duties:
(1) Oversee and administer the HIE Network in a manner that ensures all of the following:
…
h. Minimization of the
amount of data required to be submitted under G.S. 90‑414(b) G.S. 90‑414.4(b)
and any use or disclosure of such data to what is determined by the
Authority to be required in order to advance the purposes set forth in
G.S. 90‑414.2 and G.S. 90‑414(a).G.S. 90‑414.4(a)."
SECTION 40.(a) If House Bill 630, 2017 Regular Session, becomes law, G.S. 108A‑74, as amended by Section 3.1(a) of that act, reads as rewritten:
"§ 108A‑74. County departments Counties required
to enter into annual written agreement for all social services programs other
than medical assistance; County department failure to provide child welfare
services; State intervention in or control of child welfare service delivery.
…
(a1) Beginning in fiscal year
2018‑2019, the Secretary shall require all departments of social
services counties to enter into a written agreement each year that
specifies mandated performance requirements and administrative responsibilities
with regard to all social services programs other than medical assistance.
(1) When possible, the mandated performance requirements shall be based upon standardized metrics utilizing reliable data.
(2) The administrative responsibilities shall address, at a minimum, staff training, data submission to the Department, and communication with the Department.
(3) The written agreement may be standardized or may be tailored to address issues in specific jurisdictions.
(4) The written agreement shall authorize the Department to withhold State and federal funds in the event the department fails to satisfy mandated performance requirements or comply with the terms of the agreement.
…."
SECTION 40.(b) If House Bill 630, 2017 Regular Session, becomes law, Section 3.1(b) of that act reads as rewritten:
"SECTION 3.1.(b) This
section becomes effective upon ratification is effective when it
becomes law and applies to written agreements required pursuant to
G.S. 108A‑74(a1) for fiscal years 2018‑2019 and 2019‑2020."
SECTION 40.(c) If House Bill 630, 2017 Regular Session, becomes law, then, effective March 1, 2020, G.S. 108A‑74, as amended by Sections 3.1(a) and 3.2(a) of that act and by Section 40(a) of this act, reads as rewritten:
"§ 108A‑74. Counties Local and regional
social services departments required to enter into annual written agreement
for all social services programs other than medical assistance; Local local
department failure to comply with the written agreement or applicable law;
corrective action; State intervention in or control of child welfare service
delivery.
…
(a2) The Secretary shall
require all departments of social services counties and regional
social services departments to enter into a written agreement each year
that specifies mandated performance requirements and administrative
responsibilities with regard to all social services programs other than medical
assistance.
(1) The mandated performance requirements shall be based upon standardized metrics utilizing data and outcome measures derived from the Social Services System Transparency and Wellness Dashboard and other reliable data sources.
(2) The administrative responsibilities shall address, at a minimum, staff training, data submission to the Department, and communication with the Department.
(3) The written agreement may be standardized or may be tailored to address issues in specific jurisdictions.
(4) The written agreement shall authorize the Department to withhold State or federal funds in the event the department fails to satisfy mandated performance requirements or comply with the terms of the agreement or applicable law.
…."
SECTION 40.(d) If House Bill 630, 2017 Regular Session, becomes law, G.S. 108A‑15.3D, as enacted by Section 4.1 of that act, reads as rewritten:
"§ 108A‑15.3D. Regional social services director.
A regional social services director appointed by a regional social services board shall have all the powers and duties of a director of social services provided by G.S. 108A‑14 and other applicable laws. The director shall also have the authority to enter contracts, in accordance with the Local Government Finance Act, Chapter 159 of the General Statutes, on behalf of the regional social services department."
SECTION 40.(e) If House Bill 630, 2017 Regular Session, becomes law, Section 4.6 of that act reads as rewritten:
"SECTION 4.6. Sections
4.1, 4.2, 4.3, and 4.4 become effective March 1, 2019. Section 4.5 becomes
effective upon ratification.is effective when it becomes law."
SECTION 40.(f) If House Bill 630, 2017 Regular Session, becomes law, G.S. 7B‑1001(a), as amended by Section 8(a) of that act and by Section 4 of S.L. 2017‑7, reads as rewritten:
"(a) In a juvenile matter under this Subchapter, appeal of a final order of the court shall be made directly to the Court of Appeals, unless otherwise specified. Only the following juvenile matters may be appealed:
…
(5) An order under G.S. 7B‑906.2(b) eliminating reunification, as defined by
G.S. 7B‑101(18b), as a permanent plan by either of the following:
a. A parent who is a party and:
1. Has preserved the right to appeal the order in writing within 30 days after entry and service of the order.
2. A termination of parental rights petition or motion has not been filed within 65 days of entry and service of the order.
3. A notice of appeal of the
order eliminating reunification is filed within 30 days after entry and
service of the expiration of the 65 days.
b. A party who is a guardian or custodian with whom reunification is not a permanent plan.
(6) shall be made directly
to the Supreme Court."
SECTION 40.(g) If House Bill 630, 2017 Regular Session, becomes law, subsection (c) of this section becomes effective March 1, 2020, subsection (d) of this section becomes effective March 1, 2019, subsection (f) of this section becomes effective January 1, 2019, and applies to appeals filed on or after that date, and the remainder of this section is effective on the date House Bill 630 becomes law.
SECTION 41. G.S. 113‑291.4A reads as rewritten:
"§ 113‑291.4A. Open seasons for taking foxes with firearms.
(a) There is an open season for the taking of foxes with firearms in all areas of the State east of Interstate Highway 77 and in Mitchell and Caldwell Counties from the beginning of the season established by the Wildlife Resources Commission for the taking of rabbits and quail through January 1 of each year. The selling, buying, or possessing for sale of any fox or fox part taken pursuant to this subsection is prohibited, and is punishable as provided by G.S. 113‑294(a) or (j).
(b) The Wildlife Resources
Commission shall establish appropriate bag and season limits that may be
imposed upon the taking of foxes pursuant to this act, section, and
may make reasonable rules governing the possession of foxes killed by motor
vehicles or other accidental means."
SECTION 41.5. G.S. 115C‑105.51 reads as rewritten:
"§ 115C‑105.51. Anonymous tip lines and monitoring and response applications.
(a) Each local school
administrative unit is encouraged to develop and operate an anonymous tip line,
in coordination with local law enforcement and social services agencies, to
receive anonymous information on internal or external risks to the school
population, school buildings, and school‑related activities. The
Department of Public Safety, Instruction, in consultation with
the Department of Public Instruction, Safety, may develop
standards and guidelines for the development, operation, and staffing of tip
lines.
(b) The Department of Public
Safety, Division of Emergency Management, Instruction and the
Center for Safer Schools, in collaboration with the Department of Public Instruction,
Safety, Division of Emergency Management, shall implement and
maintain an anonymous safety tip line application for purposes of receiving
anonymous student information on internal or external risks to the school
population, school buildings, and school‑related activities.
…."
SECTION 42. G.S. 115D‑67.4 reads as rewritten:
"§ 115D‑67.4. Fees collected by the Center; purchases using Center funds.
Notwithstanding any other provision
of law, all fees collected by the Applied Textile Technology Center for
services to the textile industry, except for regular curriculum and continuing
education tuition receipts, shall be retained by the Center and used for the
operations of the Center. Purchases made by the Center using these funds are
not subject to the provisions of Article 3 of Chapter 143 of the General
Statutes. However, the Center shall: (i) submit all proposed agreements or
contracts for supplies, materials, printing, equipment, and contractual
services that exceed one million dollars ($1,000,000) authorized by this
section to the Attorney General or the Attorney General's Secretary
of Administration or the Secretary's designee for review as provided in
G.S. 114‑8.3; and (ii) include in all agreements or contracts to be
awarded by the Center under this section a standard clause which provides that
the State Auditor and internal auditors of the Center may audit the records of
the contractor during and after the term of the contract to verify accounts and
data affecting fees and performance. The Center shall not award a cost plus
percentage of cost agreement or contract for any purpose."
SECTION 42.1. G.S. 143‑49(9) reads as rewritten:
"(9) To include a standard
clause in all contracts awarded by the State and departments, agencies, and
institutions of the State, providing that the State Auditor and internal
auditors of the affected department, agency, or institution may audit the
records of the contactor contractor during and after the term of
the contract to verify accounts and data affecting fees or performance."
SECTION 43. G.S. 143B‑30.1(e) and (f) read as rewritten:
"(e) The Chief
Administrative Law Judge, Judge of the Office of Administrative Hearings,
Hearings shall assign the staff and designate the Director of the
Commission in accordance with G.S. 7A‑760.designate, from among
the employees of the Office of Administrative Hearings, the staff of the Rules
Review Commission.
(f) The Commission shall
prescribe procedures and forms to be used in submitting rules to the Commission
for review. The Commission may have computer access to the North Carolina
Administrative Code to enable the Commission and its staff to view and copy
rules in the Code."
SECTION 44. G.S. 143B‑437.01(a)(6) reads as rewritten:
"(6) The funds shall not
be used for any retail, entertainment, or sports projects. The funds shall not
be used for any nonmanufacturing project that does not meet the wage standard
for the development tier area or zone in which the project is located. There is
no wage standard for a development tier one area. If an urban progress zone or
an agrarian growth zone is not in a development tier one area, then the wage
standard for that zone is an average weekly wage that is at least equal to
ninety percent (90%) of the lesser of the average wage for all insured private
employers in the State and the average wage for all insured private employers
in the county in which the datacenter project is located. The
wage standard for a development tier two area or a development tier three area
is an average weekly wage that is at least equal to one hundred ten percent
(110%) of the lesser of the average wage for all insured private employers in
the State and ninety percent (90%) of the average wage for all insured private
employers in the county in which the datacenter project is
located."
SECTION 44.1. G.S. 143B‑1333(c) reads as rewritten:
"(c) Receipts shall be used solely for the purpose for which they were collected. In coordination with the Office of the State Controller and the Office of State Budget and Management, the State CIO shall ensure processes are established to manage federal receipts, maximize those receipts, and ensure that federal receipts are correctly utilized."
SECTION 45. G.S. 147‑12(b) reads as rewritten:
"(b) The Department of
Transportation, the Division of Adult Correction of the Department of Public
Safety, the State Highway Patrol, the Wildlife Resources Commission, the
Division of Parks and Recreation in the Department of Natural and Natural
Resources [Department of Natural and Cultural Resources], Department of
Natural and Cultural Resources, and the Division of Marine Fisheries in the
Department of Environmental Quality shall deliver to the Governor by February 1
of each year detailed information on the agency's litter enforcement, litter
prevention, and litter removal efforts. The Administrative Office of the Courts
shall deliver to the Governor, by February 1 of each year, detailed information
on the enforcement of the littering laws of the State, including the number of
charges and convictions under the littering laws of the State. The Governor
shall gather the information submitted by the respective agencies and deliver a
consolidated annual report, on or before March 1 of each year, to the
Environmental Review Commission, the Joint Legislative Transportation Oversight
Committee, and the House of Representatives and the Senate appropriations
committees with jurisdiction over natural and economic resources."
SECTION 45.5. If Senate Bill 655, 2017 Regular Session, becomes law, G.S. 163‑213.4 reads as rewritten:
"§ 163‑213.4. Nomination by State Board of Elections.
No later than 90 days preceding the
North Carolina presidential preference primary, the chair of each political
party shall submit to the State Board of Elections a list of its presidential
candidates to be placed on the presidential preference primary ballot. The list
must be comprised of candidates whose candidacy is generally advocated and
recognized in the news media throughout the United States or in North Carolina,
unless any such candidate executes and files with the chair of the political
party an affidavit stating without qualification that the candidate is not and
does not intend to become a candidate for nomination in the North Carolina
Presidential Preference Primary Election. The State Board of Elections shall
prepare and publish a list of the names of the presidential candidates
submitted. The State Board of Elections shall convene in Raleigh on the first
Tuesday in March January preceding the presidential preference
primary election.election, unless the first Tuesday in January is the
first day of that month, in which case the State Board shall meet on January 2.
At the meeting required by this section, the State Board of Elections shall
nominate as presidential primary candidates all candidates affiliated with a
political party, recognized pursuant to the provisions of Article 9 of Chapter
163 of the General Statutes, who have been submitted to the State Board of
Elections. Additionally, the State Board of Elections, by vote of at least
three of its members in the affirmative, may nominate as a presidential primary
candidate any other person affiliated with a political party that it finds is
generally advocated and recognized in the news media throughout the United
States or in North Carolina as candidates for the nomination by that party.
Immediately upon completion of these requirements, the Board shall release to
the news media all such nominees selected. Provided, however, nothing shall
prohibit the partial selection of nominees prior to the meeting required by
this section, if all provisions herein have been complied with."
SECTION 46. Section 3 of S.L. 2016‑81 reads as rewritten:
"SECTION 3. This act
becomes effective October 1, 2015.October 1, 2016."
SECTION 47. Reserved.
part III. adjust certain education report dates
SECTION 48.(a) G.S. 115C‑12(25) reads as rewritten:
"(25) Duty to Report to
Joint Legislative Education Oversight Committee. – Upon the request of the
Joint Legislative Education Oversight Committee, the State Board shall examine
and evaluate issues, programs, policies, and fiscal information, and shall make
reports to that Committee. Furthermore, beginning October 15, 2015, and
annually thereafter, by November 15 of each year, the State Board
shall submit reports to that Committee regarding schools identified as low‑performing,
school improvement plans found to significantly improve student performance,
personnel actions taken in low‑performing schools, and recommendations
for additional legislation to improve student performance and increase local
flexibility."
SECTION 48.(b) G.S. 115C‑296.13(e) reads as rewritten:
"(e) Annual State Board
of Education Report. – The educator preparation program report cards shall be
submitted to the Joint Legislative Education Oversight Committee on an annual
basis by December 15.March 15."
SECTION 48.(c) G.S. 115C‑238.55 reads as rewritten:
"§ 115C‑238.55. Evaluation of cooperative innovative high schools.
The State Board of Education and
the governing Boards shall evaluate the success of students in cooperative
innovative high schools approved under this Part. Success shall be measured by
high school retention rates, high school completion rates, high school dropout
rates, certification and associate degree completion, admission to four‑year
institutions, postgraduation employment in career or study‑related
fields, and employer satisfaction of employees who participated in and
graduated from the schools. The Boards shall jointly report by January 15 March
15 of each year to the Joint Legislative Education Oversight Committee on
the evaluation of these schools."
SECTION 48.(d) Section 1(b) of S.L. 2013‑1, as amended by Section 16.1 of S.L. 2013‑410 and by Section 89 of S.L. 2014‑115, reads as rewritten:
"SECTION 1.(b) The
State Board of Education shall make high school diploma endorsements, as
provided under this section, available to students graduating from high school
beginning with the 2014‑2015 school year. The State Board of Education
shall report to the Joint Legislative Education Oversight Committee on the
progress toward establishing specific college and career endorsements for high
school diplomas and for awarding these endorsements by February 1, 2014. The
State Board of Education shall submit the report on the impact of awarding the
high school endorsements on high school graduation, college acceptance and
remediation, and post‑high school employment rates by September 15,
2016, November 15, 2016, and annually thereafter."
SECTION 48.(e) G.S. 115C‑156.2(b) reads as rewritten:
"(b) Beginning in 2014,
the State Board of Education shall report to the Joint Legislative Education
Oversight Committee by September 15 November 15 of each year on
the number of students in career and technical education courses who earned (i)
community college credit and (ii) related industry certifications and
credentials."
SECTION 48.(f) Section 8.29(e) of S.L. 2015‑241 reads as rewritten:
"SECTION 8.29.(e) The Department of Public Instruction shall provide
interim reports on the grant program to the Joint Legislative Education
Oversight Committee by September 15, 2016, with a final report on the program
by September 15, 2017.November 15, 2017. The final report shall
include the final results of the program and recommendations regarding
effective after‑school program models, standards, and performance
measures based on student performance, leveraging of community‑based
resources to expand student access to learning activities and academic support,
and the experience of the grant recipients."
SECTION 48.(g) G.S. 115C‑83.10(c) reads as rewritten:
"(c) The State Board of
Education shall establish a uniform format for local boards of education to
report the required information listed in subsections (a) and (b) of this
section and shall provide the format to local boards of education no later than
90 days prior to the annual due date. The State Board of Education shall
compile annually this information and submit a State‑level summary to the
Governor, the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Joint Legislative Education Oversight Committee by October
15 of each year, beginning with the 2015‑2016 school year.December
15, 2016, and annually thereafter."
SECTION 48.(h) G.S. 115C‑174.26(h) reads as rewritten:
"(h) Beginning
November 15, 2014, the The State Board of Education shall report
annually by December 15 to the Joint Legislative Education Oversight
Committee on advanced courses in North Carolina. The report shall include, at a
minimum, the following information:
(1) The North Carolina Advanced Placement Partnership's report to the Department of Public Instruction as required by subsection (g) of this section and the State Board's assessment of that report.
(2) Number of students enrolled in advanced courses and participating in advanced course examinations, including demographic information by gender, race, and free and reduced‑price lunch status.
(3) Student performance on advanced course examinations, including information by course, local school administrative unit, and school.
(4) Number of students participating in 10th grade PSATMSQT testing.
(5) Number of teachers attending summer institutes offered by the North Carolina Advanced Placement Partnership.
(6) Distribution of funding appropriated for advanced course testing fees and professional development by local school administrative unit and school.
(7) Status and efforts of the North Carolina Advanced Placement Partnership.
(8) Other trends in advanced courses and examinations."
SECTION 48.(i) G.S. 115C‑75.9(i) reads as rewritten:
"(i) Criminal History
Checks. – The State Board of Education shall require applicants for employment
with the ASD to be checked for criminal histories using the process provided in
G.S. 115C‑297.1.G.S. 115C‑332. The State
Board of Education shall provide the criminal history it receives to the ASD
Superintendent and AS operator."
part Iv. Effective date
SECTION 49. Section 5 of this act becomes effective December 1, 2015. Except as otherwise provided in this act, this act is effective when it becomes law.