GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-484
SENATE BILL 613
AN ACT to make technical amendments to the general statutes as requested by the general statutes commission, and to make various other technical changes to the general statutes and session laws.
The General Assembly of North Carolina enacts:
PART I. TECHNICAL CHANGES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION
SECTION 1. G.S. 8-58.20 reads as rewritten:
"…
(b) A forensic analysis,
to be admissible under this section, shall be performed in accordance with
rules or procedures adopted by the State Bureau of Investigation, or by another
laboratory certified accredited by the American Society of Crime
Laboratory Directors (ASCLD), Directors/Laboratory Accreditation
Board (ASCLD/LAB) for the submission, identification, analysis, and storage
of forensic analyses. The analyses of DNA samples and typing results of DNA
samples shall be performed in accordance with the rules or procedures of the
State Bureau of Investigation or other ASCLD-certified ASCLD/LAB-accredited
laboratory.
(c) The analyst who
analyzes the forensic sample and signs the report shall complete an affidavit
on a form developed by the State Bureau of Investigation. In the affidavit, the
analyst shall state (i) that the person is qualified by education, training,
and experience to perform the analysis, (ii) the name and location of the
laboratory where the analysis was performed, and (iii) that performing the
analysis is part of that person's regular duties. The analyst shall also aver
in the affidavit that the tests were performed pursuant to the ASCLD ASCLD/LAB
standards for that discipline and that the evidence was handled in
accordance with established and accepted procedures while in the custody of the
laboratory. The affidavit shall be sufficient to constitute prima facie
evidence regarding the person's qualifications. The analyst shall attach the
affidavit to the laboratory report and shall provide the affidavit to the
investigating officer and the district attorney in the prosecutorial district
in which the criminal charges are pending. An affidavit by a forensic analyst
sworn to and properly executed before an official authorized to administer
oaths is admissible in evidence without further authentication in any criminal
proceeding with respect to the forensic analysis administered and the
procedures followed.
…."
SECTION 2. G.S. 14-208.8A(a)(2) reads as rewritten:
"(2) Maintains a temporary residence,
including residence in that county for more than 10 business days
within a 30-day period, or for an aggregate period exceeding 30 days in a
calendar year."
SECTION 3.(a) G.S. 14-298 reads as rewritten:
"§ 14-298. Seizure of illegal gaming items.
Upon a determination that probable cause exists to believe
that any gaming table prohibited to be used by G.S. 14-289 through
G.S. 14-300, any illegal punchboard or illegal slot machine, or any video
game machine prohibited to be used by G.S. 14-306 or G.S. 14-306.1,G.S. 14-306.1A,
is in the illegal possession or use of any person within the limits of their
jurisdiction, all sheriffs and law enforcement officers are authorized to seize
the items in accordance with applicable State law. Any law enforcement agency
in possession of that item shall retain the item pending a disposition order
from a district or superior court judge. Upon application by the law
enforcement agency, district attorney, or owner, and after notice and
opportunity to be heard by all parties, if the court determines that the item
is unlawful to possess, it shall enter an order releasing the item to the law
enforcement agency for destruction or for training purposes. If the court
determines that the item is not unlawful to possess and will not be used in
violation of the law, the item shall be ordered released to its owner upon
satisfactory proof of ownership. The foregoing procedures for release shall not
apply, however, with respect to an item seized for use as evidence in any
criminal action or proceeding until after entry of final judgment."
SECTION 3.(b) This section is effective when it becomes law and applies to offenses committed on or after that date.
SECTION 4. G.S. 15A-736.1 is recodified in Article 26 of Chapter 15A of the General Statutes as G.S. 15A-534.6. As recodified by this section, G.S. 15A-534.6 reads as rewritten:
"§ 15A-534.6. Bail in cases of manufacture of methamphetamine.
Notwithstanding the provisions of G.S. 15A-736, in
determining bond and other conditions of release for a person arrested for In
all cases in which the defendant is charged with any violation of
G.S. 90-95(b)(1a) or G.S. 90-95(d1)(2)b., G.S. 90-95(d1)(2)b.,
in determining bond and other conditions of release, the magistrate, judge,
or court shall consider any evidence that the person is in any manner dependent
upon methamphetamine or has a pattern of regular illegal use of
methamphetamine. A rebuttable presumption that no conditions of release on bond
would assure the safety of the community or any person therein shall arise if
the State shows by clear and convincing evidence both:
(1) The person was arrested for a violation of G.S. 90-95(b)(1a) or G.S. 90-95(d1)(2)b., relating to the manufacture of methamphetamine or possession of an immediate precursor chemical with knowledge or reasonable cause to know that the chemical will be used to manufacture methamphetamine.
(2) The person is in any manner dependent upon methamphetamine or has a pattern of regular illegal use of methamphetamine, and the violation referred to in subdivision (1) of this section was committed or attempted in order to maintain or facilitate the dependence or pattern of illegal use in any manner."
SECTION 5. G.S. 20-116(c) reads as rewritten:
"(c) No vehicle, unladen
or with load, shall exceed a height of 13 feet, six inches. Provided, however,
that neither the State of North Carolina nor any agency or subdivision thereof,
nor any person, firm or corporation, shall be required to raise, alter,
construct or reconstruct any underpass, wire, pole, trestle, or other structure
to permit the passage of any vehicle having a height, unladen or with load, in
excess of 12 feet, six inches. Provided further, that the operator or owner of
any vehicle having an overall height, whether unladen or with load, in excess
of 12 feet, six inches, shall be liable for damage to any structure caused by
such vehicle having a height in excess of 12 feet, six inches. The term
"automobile transport" as used in this subsection shall mean only
vehicles engaged exclusively in transporting automobiles, trucks and other
commercial vehicles."
SECTION 6. G.S. 20-286(8c) reads as rewritten:
"(8c) Good faith. - Honest Honesty
in fact and the observation of reasonable commercial standards of fair
dealing in the trade as defined and interpreted in G.S. 25-2-103(1)(b).G.S. 25-1-201(b)(20)."
SECTION 7.(a) G.S. 20-309(g) is repealed.
SECTION 7.(b) G.S. 20-309.2 is amended by adding a new subsection to read:
"(f) Clear Proceeds of Penalties. - The clear proceeds of all civil penalties, civil forfeitures, and civil fines that are collected by the Department of Transportation pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2."
SECTION 7.(c) G.S. 20-311 is amended by adding a new subsection to read:
"(f) Clear Proceeds of Penalties. - The clear proceeds of all civil penalties, civil forfeitures, and civil fines that are collected by the Department of Transportation pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2."
SECTION 7.(d) G.S. 20-309(h) is recodified as G.S. 20-311(g).
SECTION 7.(e) This section is effective on the effective date of S.L. 2006-213 and applies to lapses occurring on or after that date.
SECTION 8. G.S. 50A-305(b)(2) reads as rewritten:
"(2) Direct the petitioner
to serve notice upon the persons named pursuant to subdivison (a)(3),subdivision
(a)(3) of this section, including notice of their opportunity to contest
the registration in accordance with this section."
SECTION 9.(a) G.S. 53-96.1 reads as rewritten:
"§ 53-96.1. Salaries, promotions, and leave of employees of the Office of the Commissioner of Banks.
(a) The Office
of the Commissioner of Banks and its employees are exempt from the
classification and compensation rules established by the State Personnel Commission
pursuant to G.S. 126-4(1) through (4); G.S. 126-4(5) only as it
applies to hours and days of work, vacation and sick leave; G.S. 126-4(6)
only as it applies to promotion and transfer; G.S. 126-4(10) only as it
applies to the prohibition of the establishment of incentive pay programs; and
Article 2 of Chapter 126 of the General Statutes, except for G.S. 126-7.1.
(b) The exemptions to
Chapter 126 of the General Statutes authorized by this section G.S. 126-5(c11)
for the Office of the Commissioner of Banks and its employees shall be used
to develop organizational classification and compensation innovations that will
result in the enhanced efficiency of operations. The Office of State Personnel
shall assist the Commissioner of Banks in the development and implementation of
an organizational structure and human resources programs that make the most
appropriate use of the exemptions, including (i) a system of job categories or
descriptions tailored to the agency's needs; (ii) policies regarding paid time
off for agency personnel and the voluntary sharing of such time off; and (iii)
a system of uniform performance assessments for agency personnel tailored to
the agency's needs. The Commissioner of Banks may, under the supervision of the
Office of State Personnel, develop and implement organizational classification
and compensation innovations having the potential to benefit all State
agencies."
SECTION 9.(b) G.S. 143B-53.2 reads as rewritten:
"§ 143B-53.2. Salaries, promotions, and leave of employees of the North Carolina Department of Cultural Resources.
(a) The
employees listed in subsection (b) of this section are exempt from the
classification and compensation rules established by the State Personnel
Commission pursuant to G.S. 126-4(1) through (4); G.S. 126-4(5) only
as it applies to hours and days of work, vacation, and sick leave;
G.S. 126-4(6) only as it applies to promotion and transfer; G.S. 126-4(10)
only as it applies to the prohibition of the establishment of incentive pay
programs; and Article 2 of Chapter 126 of the General Statutes, except for
G.S. 126-7.1.
(b) The
following employees of the Department of Cultural Resources are exempt as
provided in subsection (c) of this section:
(1) Director and
Associate Directors of the North Carolina Museum of History.
(2) Program
Chiefs and Curators.
(3) Regional
History Museum Administrators and Curators.
(4) North
Carolina Symphony.
(5) Director,
Associate Directors, and Curators of Tryon Palace.
(6) Director,
Associate Directors, and Curators of Transportation Museum.
(7) Director and
Associate Directors of the North Carolina Arts Council.
(8) Director,
Assistant Directors, and Curators of the Division of State Historic Sites.
(c) The exemptions to
Chapter 126 of the General Statutes authorized by subsection (a) of this
section and enumerated in subsection (b) of this section G.S. 126-5(c11)
for the employees of the Department of Cultural Resources listed in that
subsection shall be used to develop organizational classification and
compensation innovations that will result in the enhanced efficiency of
operations. The Office of State Personnel shall assist the Secretary of the
Department of Cultural Resources in the development and implementation of an
organizational structure and human resources programs that make the most
appropriate use of the exemptions, including (i) a system of job categories or
descriptions tailored to the agency's needs; (ii) policies regarding paid time
off for agency personnel and the voluntary sharing of such time off; and (iii)
a system of uniform performance assessments for agency personnel tailored to
the agency's needs. The Secretary of the Department of Cultural Resources may,
under the supervision of the Office of State Personnel, develop and implement
organizational classification and compensation innovations having the potential
to benefit all State agencies."
SECTION 9.(c) G.S. 126-5 is amended by adding a new subsection to read:
"(c11) The following are exempt from: (i) the classification and compensation rules established by the State Personnel Commission pursuant to G.S. 126-4(1) through (4); (ii) G.S. 126-4(5) only as it applies to hours and days of work, vacation, and sick leave; (iii) G.S. 126-4(6) only as it applies to promotion and transfer; (iv) G.S. 126-4(10) only as it applies to the prohibition of the establishment of incentive pay programs; and (v) Article 2 of Chapter 126 of the General Statutes, except for G.S. 126-7.1:
(1) The Office of the Commissioner of Banks and its employees; and
(2) The following employees of the Department of Cultural Resources:
a. Director and Associate Directors of the North Carolina Museum of History.
b. Program Chiefs and Curators.
c. Regional History Museum Administrators and Curators.
d. North Carolina Symphony.
e. Director, Associate Directors, and Curators of Tryon Palace.
f. Director, Associate Directors, and Curators of Transportation Museum.
g. Director and Associate Directors of the North Carolina Arts Council.
h. Director, Assistant Directors, and Curators of the Division of State Historic Sites."
SECTION 10.(a) G.S. 70-28(1) reads as rewritten:
"(1) "Chief
"State Archaeologist" means the Chief head of the
Office of State Archaeology section of the Office of Archives and
History, Department of Cultural Resources."
SECTION 10.(b) G.S. 70-29 reads as rewritten:
"§ 70-29. Discovery of remains and notification of authorities.
(a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or exposed, shall notify immediately the medical examiner of the county in which the remains are encountered.
(b) If the unmarked human
burials or human skeletal remains are encountered as a result of construction
or agricultural activities, disturbance of the remains shall cease immediately
and shall not resume without authorization from either the county medical
examiner or the Chief State Archaeologist, under the provisions
of G.S. 70-30(c) or 70-30(d).
(c)
(1) If the unmarked human burials or human
skeletal remains are encountered by a professional archaeologist, as a result
of survey or test excavations, the remains may be excavated and other
activities may resume after notification, by telephone or registered letter, is
provided to the Chief State Archaeologist. The treatment,
analysis and disposition of the remains shall come under the provisions of
G.S. 70-34 and 70-35.
(2) If a professional archaeologist directing long-term (research designed to continue for one or more field seasons of four or more weeks' duration) systematic archaeological research sponsored by any accredited college or university in North Carolina, as a part of his research, recovers Native American skeletal remains, he may be exempted from the provisions of G.S. 70-30, 70-31, 70-32, 70-33, 70-34 and 70-35(c) of this Article so long as he:
a. Notifies the Executive Director within five working days of the initial discovery of Native American skeletal remains;
b. Reports to the Executive Director, at agreed upon intervals, the status of the project;
c. Curates the skeletal remains prior to ultimate disposition; and
d. Conducts no destructive skeletal analysis without the express permission of the Executive Director.
Upon completion of the project fieldwork, the professional archaeologist, in consultation with the skeletal analyst and the Executive Director, shall determine the schedule for the completion of the skeletal analysis. In the event of a disagreement, the time for completion of the skeletal analysis shall not exceed four years. The Executive Director shall have authority concerning the ultimate disposition of the Native American skeletal remains after analysis is completed in accordance with G.S. 70-35(a) and 70-36(b) and (c).
(d) The Chief State
Archaeologist shall notify the Chief, Medical Examiner Section, Division of
Health Services, Department of Health and Human Services, of any reported human
skeletal remains discovered by a professional archaeologist."
SECTION 10.(c) G.S. 70-30 reads as rewritten:
"§ 70-30. Jurisdiction over remains.
(a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the medical examiner of the county in which the remains were encountered shall determine as soon as possible whether the remains are subject to the provisions of G.S. 130-198.
(b) If the county medical examiner determines that the remains are subject to the provisions of G.S. 130-198, he will immediately proceed with his investigation.
(c) If the county medical
examiner determines that the remains are not subject to the provisions of
G.S. 130-198, he shall so notify the Chief Medical Examiner. The Chief
Medical Examiner shall notify the Chief State Archaeologist of
the discovery of the human skeletal remains and the findings of the county
medical examiner. The Chief State Archaeologist shall immediately
take charge of the remains.
(d) Subsequent to taking
charge of the human skeletal remains, the Chief State Archaeologist
shall have 48 hours to make arrangements with the landowner for the protection
or removal of the unmarked human burial or human skeletal remains. The Chief
State Archaeologist shall have no authority over the remains at the
end of the 48-hour period and may not prohibit the resumption of the construction
or agricultural activities without the permission of the landowner."
SECTION 10.(d) G.S. 70-31 reads as rewritten:
"§ 70-31. Archaeological investigation of human skeletal remains.
(a) If an agreement is
reached with the landowner for the excavation of the human skeletal remains,
the Chief State Archaeologist shall either designate a member of
his staff or authorize another professional archaeologist to excavate or
supervise the excavation.
(b) The professional
archaeologist excavating human skeletal remains shall report to the Chief State
Archaeologist, either in writing or by telephone, his opinion on the
cultural and biological characteristics of the remains. This report shall be
transmitted as soon as possible after the commencement of excavation, but no
later than two full business days after the removal of a burial.
(c) The Chief State
Archaeologist, in consultation with the professional archaeologist
excavating the remains, shall determine where the remains shall be held
subsequent to excavation, pending other arrangements according to G.S. 70-32
or 70-33.
(d) The Department of Cultural Resources may obtain administrative inspection warrants pursuant to the provisions of Chapter 15, Article 4A of the General Statutes to enforce the provisions of this Article, provided that prior to the requesting of the administrative warrant, the Department shall contact the affected landowners and request their consent for access to their land for the purpose of gathering such information. If consent is not granted, the Department shall give reasonable notice of the time, place and before whom the administrative warrant will be requested so that the owner or owners may have an opportunity to be heard."
SECTION 10.(e) G.S. 70-32 reads as rewritten:
"§ 70-32. Consultation with the Native American Community.
(a) If the professional
archaeologist determines that the human skeletal remains are Native American,
the Chief State Archaeologist shall immediately notify the
Executive Director of the North Carolina Commission of Indian Affairs. The
Executive Director shall notify and consult with the Eastern Band of Cherokee
or other appropriate tribal group or community.
(b) Within four weeks of
the notification, the Executive Director shall communicate in writing to the Chief
State Archaeologist, the concerns of the Commission of Indian
Affairs and an appropriate tribal group or community with regard to the
treatment and ultimate disposition of the Native American skeletal remains.
(c) Within 90 days of
receipt of the concerns of the Commission of Indian Affairs, the Chief
State Archaeologist and the Executive Director, with the approval of
the principal tribal official of an appropriate tribe, shall prepare a written
agreement concerning the treatment and ultimate disposition of the Native
American skeletal remains. The written agreement shall include the following:
(1) Designation of a qualified skeletal analyst to work on the skeletal remains;
(2) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(3) The timetable for
written progress reports and the final report concerning the skeletal analysis
to be provided to the Chief State Archaeologist and the Executive
Director by the skeletal analyst; and
(4) A plan for the ultimate disposition of the Native American remains subsequent to the completion of adequate skeletal analysis.
If no agreement is reached within 90 days, the Archaeological Advisory Committee shall determine the terms of the agreement."
SECTION 10.(f) G.S. 70-33 reads as rewritten:
"§ 70-33. Consultation with other individuals.
(a) If the professional
archaeologist determines that the human skeletal remains are other than Native
American, the Chief State Archaeologist shall publish notice that
excavation of the remains has occurred, at least once per week for four
successive weeks in a newspaper of general circulation in the county where the
burials or skeletal remains were situated, in an effort to determine the
identity or next of kin or both of the deceased.
(b) If the next of kin
are located, within 90 days the Chief State Archaeologist in
consultation with the next of kin shall prepare a written agreement concerning
the treatment and ultimate disposition of the skeletal remains. The written
agreement shall include:
(1) Designation of a qualified skeletal analyst to work on the skeletal remains;
(2) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(3) The timetable for
written progress reports and the final report concerning the skeletal analysis
to be provided to the Chief State Archaeologist and the next of
kin by the skeletal analyst; and
(4) A plan for the ultimate disposition of the skeletal remains subsequent to the completion of adequate skeletal analysis.
If no agreement is reached, the remains shall be handled according to the wishes of the next of kin."
SECTION 10.(g) G.S. 70-34 reads as rewritten:
"§ 70-34. Skeletal analysis.
(a) Skeletal analysis conducted under the provisions of this Article shall only be accomplished by persons having those qualifications expressed in G.S. 70-28(5).
(b) Prior to the
execution of the written agreements outlined in G.S. 70-32(c) and 70-33(b),
the Chief State Archaeologist shall consult with both the
professional archaeologist and the skeletal analyst investigating the remains.
(c) The professional
archaeologist and the skeletal analyst shall submit a proposal to the Chief State
Archaeologist within the 90-day period set forth in G.S. 70-32(c) and
70-33(b), including:
(1) Methodology and techniques to be utilized;
(2) Research objectives;
(3) Proposed time schedule for completion of the analysis; and
(4) Proposed time intervals for written progress reports and the final report to be submitted.
(d) If the terms of the
written agreement are not substantially met, the Executive Director or the next
of kin, after consultation with the Chief State Archaeologist,
may take possession of the skeletal remains. In such case, the Chief State
Archaeologist may ensure that appropriate skeletal analysis is conducted by
another qualified skeletal analyst prior to ultimate disposition of the
skeletal remains."
SECTION 10.(h) G.S. 70-35(c) reads as rewritten:
"(c) If the Chief State
Archaeologist has received no information or communication concerning the
identity or next of kin of the deceased, the skeletal remains shall be
transferred to the Chief State Archaeologist and permanently
curated according to standard museum procedures after adequate skeletal
analysis."
SECTION 10.(i) G.S. 70-48(5) reads as rewritten:
"(5) "State
Archaeologist" means the head of the Office of State Archaeology
section Archaeology Section of the Office of Archives and History,
Department of Cultural Resources."
SECTION 10.(j) This section is effective on and after October 11, 2002.
SECTION 11.(a) G.S. 70-27(b) reads as rewritten:
"(b) The purpose of this
Article is (i) to provide adequate protection from vandalism for unmarked human
burials and human skeletal remains, (ii) to provide adequate protection for
unmarked human burials and human skeletal remains not within the jurisdiction
of the medical examiner pursuant to G.S. 130-198 G.S. 130A-383
that are encountered during archaeological excavation, construction,
or other ground disturbing activities, found anywhere within the State except
on federal land, and (iii) to provide for adequate skeletal analysis of remains
removed or excavated from unmarked human burials if the analysis would result
in valuable scientific information."
SECTION 11.(b) G.S. 70-30, as amended by Section 10(c) of this act, reads as rewritten:
"§ 70-30. Jurisdiction over remains.
(a) Subsequent to
notification of the discovery of an unmarked human burial or human skeletal
remains, the medical examiner of the county in which the remains were
encountered shall determine as soon as possible whether the remains are subject
to the provisions of G.S. 130-198.G.S. 130A-383.
(b) If the county medical
examiner determines that the remains are subject to the provisions of G.S. 130-198,
he G.S. 130A-383, the county medical examiner will immediately
proceed with his the investigation.
(c) If the county medical
examiner determines that the remains are not subject to the provisions of G.S. 130-198,
he G.S. 130A-383, the county medical examiner shall so notify
the Chief Medical Examiner. The Chief Medical Examiner shall notify the State
Archaeologist of the discovery of the human skeletal remains and the findings
of the county medical examiner. The State Archaeologist shall immediately take
charge of the remains.
(d) Subsequent to taking charge of the human skeletal remains, the State Archaeologist shall have 48 hours to make arrangements with the landowner for the protection or removal of the unmarked human burial or human skeletal remains. The State Archaeologist shall have no authority over the remains at the end of the 48-hour period and may not prohibit the resumption of the construction or agricultural activities without the permission of the landowner."
SECTION 11.(c) G.S. 70-39 reads as rewritten:
"§ 70-39. Exceptions.
(a) Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to the provisions of G.S. 70-37(a).
(b) Human skeletal remains
determined to be within the jurisdiction of the medical examiner according to
the provisions of G.S. 130-198 G.S. 130A-383 are not
subject to the prohibitions contained in this Article."
SECTION 11.(d) G.S. 152-7(6) reads as rewritten:
"§ 152-7. Duties of coroners with respect to inquests and preliminary hearings.
The duties of the several coroners with respect to inquests and preliminary hearings shall be as follows:
…
(6) Immediately upon
information of the death of a person within his county, under such
circumstances as call for an investigation as provided in G.S. 130-198 G.S. 130A-383,
the coroner shall notify the district attorney of the superior court and
the medical examiner.
…."
SECTION 12.(a) G.S. 110-142.1(i) reads as rewritten:
"(i) The designated representative shall notify the individual in writing that the individual may, by filing a motion, request any or all of the following:
(1) Judicial review of the designated representative's decision.
(2) A judicial determination of compliance.
(3) A modification of the support order.
The notice shall also contain the name and address of the
court in which the individual shall file the motion and inform the individual
that the individual's name shall remain on the certified list unless the
judicial review results in a finding by the court that the the individual
is in compliance with this section. The notice shall also inform the individual
that the individual must comply with all statutes and rules of court regarding
motions and notices of hearing and that any motion filed under this section is
subject to the limitations of G.S. 50-13.10."
SECTION 12.(b) G.S. 110-142.1(l) reads as rewritten:
"(l) The Department
of Health and Human Services shall prescribe forms for use by the designated
representative. When the individual is no longer in arrears or negotiates an
agreement with the designated representative for a payment schedule on arrears
or reimbursement reimbursement, the designated representative
shall mail to the individual and the appropriate board a notice certifying that
the individual is in compliance. The receipt of certification shall serve to
notify the individual and the board that, for the purposes of this section, the
individual is in compliance with the order for support. When the individual has
complied with or is no longer subject to a subpoena issued pursuant to a child
support or paternity establishment proceeding, the designated representative
shall mail to the individual and the appropriate board a notice certifying that
the individual is in compliance. The receipt of certification shall serve to
notify the individual and the board that the individual is in compliance with
this section."
SECTION 13. G.S. 113-291.10(a) reads as rewritten:
"§ 113-291.10. Beaver Damage Control Advisory Board.
(a) There is established the Beaver Damage Control Advisory Board. The Board shall consist of nine members, as follows:
(1) The Executive Director of the North Carolina Wildlife Resources Commission, or his designee, who shall serve as chair;
(2) The Commissioner of Agriculture,
Agriculture and Consumer Services, or a designee;
(3) The Director of the Division of Forest Resources of the Department of Environment and Natural Resources, or a designee;
(4) The Director of the Division of Soil and Water Conservation of the Department of Environment and Natural Resources, or a designee;
(5) The Director of the North Carolina Cooperative Extension Service, or a designee;
(6) The Secretary of Transportation, or a designee;
(7) The State Director of the Wildlife Services Division of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or a designee;
(8) The President of the North Carolina Farm Bureau Federation, Inc., or a designee, representing private landowners; and
(9) A representative of the North Carolina Forestry Association."
SECTION 14. G.S. 115C-295.1(f) reads as rewritten:
"(f) Members of the
Commission shall receive compensation for their services and reimbursement for
expenses incurred in the performance of their duties required by this Article,
at the rate prescribed in G.S. 90B-5. G.S. 93B-5."
SECTION 15. G.S. 116-143.3(a)(3) is repealed.
SECTION 16. G.S. 120-87(a) reads as rewritten:
"§ 120-87. Disclosure of confidential information.
(a) No legislator shall
use or disclose in any way confidential information gained in the course of the
legislator's official activities or by reason of the legislator's official
position that could result in financial gain for: (i) the legislator; (ii) a
business with which the legislator is associated; (iii) a nonprofit corporation
or organization with which the legislator is associated; (iv) a member of the
legislator's immediate household;family; or (v) any other
person."
SECTION 17. G.S. 120-123(2) is repealed.
SECTION 18. G.S. 122C-115.4(d) reads as rewritten:
"(d) Except as provided in
G.S. 122C-142.1 G.S. 122C-124.1 and G.S. 122C-125,
the Secretary may not remove from an LME any function enumerated under
subsection (b) of this section unless all of the following applies:
(1) The LME fails during the previous three months to achieve a satisfactory outcome on any of the critical performance measures developed by the Secretary under G.S. 122C-112.1(33).
(2) The Secretary provides focused technical assistance to the LME in the implementation of the function. The assistance shall continue for at least six months or until the LME achieves a satisfactory outcome on the performance measure, whichever occurs first.
(3) If, after six months of receiving technical assistance from the Secretary, the LME still fails to achieve or maintain a satisfactory outcome on the critical performance measure, the Secretary shall enter into a contract with another LME or agency to implement the function on behalf of the LME from which the function has been removed."
SECTION 19. G.S. 140-5.17 is repealed.
SECTION 20. G.S. 147-33.101(a) reads as rewritten:
"(a) When the dollar value
of a contract for the procurement of information technology equipment,
materials, and supplies exceeds the benchmark established by the Chief State
Chief Information Officer, the contract shall be reviewed by the Board
of Awards pursuant to G.S. 143-52.1 prior to the contract being
awarded."
SECTION 21. G.S. 163-122(a) reads as rewritten:
"(a) Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. - Any qualified voter who seeks to have his name printed on the general election ballot as an unaffiliated candidate shall:
(1) If the office is a statewide office, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in June preceding the general election and must be signed by qualified voters of the State equal in number to two percent (2%) of the total number of voters who voted in the most recent general election for Governor. Also, the petition must be signed by at least 200 registered voters from each of four congressional districts in North Carolina. No later than 5:00 p.m. on the fifteenth day preceding the date the petitions are due to be filed with the State Board of Elections, each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained. Provided the petitions are timely submitted, the chairman shall examine the names on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in his county and shall attach to the petition his signed certificate. Said certificates shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers to be qualified and registered to vote in his county. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it to him for checking. Verification by the chairman of the county board of elections shall be completed within two weeks from the date such petitions are presented.
(2) If the office is a district office comprised of two or more counties, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in June preceding the general election and must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of registered voters in the district as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held. Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained. The chairman shall examine the names on the petition and the procedure for certification and deadline for submission to the county board shall be the same as specified in (1) above.
(3) If the office is a county office or a single county legislative district, file written petitions with the chairman or director of the county board of elections supporting his candidacy for a specified county office. These petitions must be filed with the county board of elections on or before 12:00 noon on the last Friday in June preceding the general election and must be signed by qualified voters of the county equal in number to four percent (4%) of the total number of registered voters in the county as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held, except if the office is for a district consisting of less than the entire county and only the voters in that district vote for that office, the petitions must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of voters in the district according to the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held. Each petition shall be presented to the chairman or director of the county board of elections. The chairman shall examine, or cause to be examined, the names on the petition and the procedure for certification shall be the same as specified in (1) above.
(4) If the office is a partisan municipal office, file written petitions with the chairman or director of the county board of elections in the county wherein the municipality is located supporting his candidacy for a specified municipal office. These petitions must be filed with the county board of elections on or before the time and date specified in G.S. 163-296 and must be signed by the number of qualified voters specified in G.S. 163-296. The procedure for certification shall be the same as specified in (1) above.
Upon compliance with the provisions of (1), (2), (3), or (4)
of this subsection, the board of elections with which the petitions have been
timely filed shall cause the unaffiliated candidate's name to be printed on the
general election ballots in accordance with G.S. 163-140.
Article 14A of this Chapter.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have his name placed on the general election ballot as an unaffiliated candidate for the same office in that year."
SECTION 22. G.S. 163-182.15(b) reads as rewritten:
"(b) Issued by State Board of Elections. - In ballot items within the jurisdiction of the State Board of Elections, the State Board of Elections shall issue a certificate of nomination or election, or a certificate of the results of the referendum, as appropriate. The certificate shall be issued by the State Board six days after the completion of the canvass pursuant to G.S. 163-182.5, unless there is an election protest pending. If there is an election protest, the certificate of nomination or election or the certificate of the result of the referendum shall be issued in one of the following ways, as appropriate:
(1) The certificate shall
be issued 10 days after the final decision of the State Board on the election
protest, unless the State Board has ordered a new election or the issuance of
the certificate is stayed by the Superior Court of Wake County pursuant to G.S. 163-14.
G.S. 163-182.14.
(2) If the decision of the State Board has been appealed to the Superior Court of Wake County and the court has stayed the certification, the certificate shall be issued five days after the entry of a final order in the case in the Superior Court of Wake County, unless that court or an appellate court orders otherwise.
(3) The certificate shall be issued immediately upon the filing of a copy of the determination of the General Assembly with the State Board of Elections in contested elections involving any elective office established by Article III of the Constitution.
(4) No certificate of election need be issued for any member of the General Assembly following a contest of the election pursuant to Article 3 of Chapter 120."
SECTION 23. G.S. 163-278.14 reads as rewritten:
"§ 163-278.14.
No contributions in names of others; no anonymous contributions; contributions
in excess of one hundred dollars. fifty dollars; no contribution
without specific designation of contributor.
(a) No individual, political committee, or other entity shall make any contribution anonymously or in the name of another. No candidate, political committee, referendum committee, political party, or treasurer shall knowingly accept any contribution made by any individual or person in the name of another individual or person or made anonymously. If a candidate, political committee, referendum committee, political party, or treasurer receives anonymous contributions or contributions determined to have been made in the name of another, he shall pay the money over to the Board, by check, and all such moneys received by the Board shall be deposited in the Civil Penalty and Forfeiture Fund of the State of North Carolina.
(b) No entity shall make, and no candidate, committee or treasurer shall accept, any monetary contribution in excess of fifty dollars ($50.00) unless such contribution is in the form of a check, draft, money order, credit card charge, debit, or other noncash method that can be subject to written verification. No contribution in the form of check, draft, money order, credit card charge, debits, or other noncash method may be made or accepted unless it contains a specific designation of the intended contributee chosen by the contributor. The State Board of Elections may prescribe guidelines as to the reporting and verification of any method of contribution payment allowed under this Article. For contributions by money order, the State Board shall prescribe methods to ensure an audit trail for every contribution so that the identity of the contributor can be determined. For a contribution made by credit card, the credit card account number of a contributor is not a public record.
(c) No political committee or referendum committee shall make any contribution unless in doing so it reports to the recipient the contributor's name as required in G.S 163-278.7(b)(1)."
SECTION 24. G.S. 166A-46 reads as rewritten:
"§ 166A-46. Liability.
Officers or employees of a party state rendering aid in
another state pursuant to this Compact shall be considered agents of the requesting
state for tort liability and immunity purposes; and no party state or its
officers or employees rendering aid in another state pursuant to this Compact
shall be liable for any act or omission occuring occurring as a
result of a good faith attempt to render aid or as a result of the use of any
equipment or supplies used in connection with an attempt to render aid. For the
purposes of this Article, "good faith" does not include willful
misconduct, gross negligence, or recklessness."
PART II. OTHER CHANGES
SECTION 25.(a) G.S. 7A-133(a), as amended by S.L. 2007-323, reads as rewritten:
"(a) Each district court district shall have the numbers of judges as set forth in the following table:
District Judges County
1 5 Camden
Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2 4 Martin
Beaufort
Tyrrell
Hyde
Washington
3A 5 Pitt
3B 6 Craven
Pamlico
Carteret
4 8 Sampson
Duplin
Jones
Onslow
5 8 New Hanover
Pender
6A 3 Halifax
6B 3 Northampton
Bertie
Hertford
7 7 Nash
Edgecombe
Wilson
8 6 Wayne
Greene
Lenoir
9 4 Granville
(part of Vance
see subsection (b))
Franklin
9A 2 Person
Caswell
9B 2 Warren
(part of Vance
see subsection (b))
10 17 Wake
11 10 Harnett
Johnston
Lee
12 10 Cumberland
13 6 Bladen
Brunswick
Columbus
14 7 Durham
15A 4 Alamance
15B 5 Orange
Chatham
16A 3 Scotland
Hoke
16B 5 Robeson
17A 3 Rockingham
17B 4 Stokes
Surry
18 14 Guilford
19A 4 Cabarrus
19B 7 Montgomery
Moore
Randolph
19C 5 Rowan
20A 4 Stanly
Anson
Richmond
20B 1 (part of Union
see subsection (b))
20C 2 (part of Union
see subsection (b))
20D 1 Union
21 10 Forsyth
22 9 Alexander
Davidson
Davie
Iredell
23 4 Alleghany
Ashe
Wilkes
Yadkin
24 4 Avery
Madison
Mitchell
Watauga
Yancey
25 9 Burke
Caldwell
Catawba
26 19 Mecklenburg
27A 7 Gaston
27B 5 Cleveland
Lincoln
28 7 Buncombe
29A 3 McDowell
Rutherford
29B 4 Henderson
Polk
Transylvania
30 6 Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain."
SECTION 25.(b) The additional district court judgeship created for District Court District 20B in Section 14.4(a) of S.L. 2006-66 is reassigned to District Court District 20D, as established in subsection (a) of this section.
SECTION 25.(c) G.S. 7A-200 reads as rewritten:
"§ 7A-200. District and set of districts defined; chief district court judges and their authority.
(a) In this section:
(1) "District" means any district court district established by G.S. 7A-133 which consists exclusively of one or more entire counties;
(2) "Set of districts" means any set of two or more district court districts established under G.S. 7A-133, none of which consists exclusively of one or more entire counties, but both or all of which include territory from the same county or counties and together comprise all of the territory of that county or those counties; "set of districts" also means a set of three district court districts in one county, one consisting of the entire county and the other two consisting of parts of that county; and
(3) "Chief district court judge" means in the case of a set of districts, the chief district court judge for those districts, designated by the chief justice from among the district court judges for the districts in the set of districts.
(b) Whenever by law a duty is imposed upon the chief district court judge, it means for a set of districts the chief district court judge designated under subsection (a)(3) of this section."
SECTION 25.5. G.S.7A-177(b) reads as rewritten:
"(b) Training In
addition to the basic training course required under subsection (a) of this
section, continuing education courses shall be provided at such times and
locations as necessary to assure that they are conveniently available to all
magistrates without extensive travel to other parts of the State. Courses
shall be provided in Asheville for the magistrates from the western region of
the State."
SECTION 26.(a) G.S. 7B-1111(a)(10), as enacted by Section 1 of S.L. 2007-151, reads as rewritten:
"(10) Where the juvenile has been
relinquished to a county department of social services or a licensed child-placing
agency for the purpose of adoption or placed with a prospective adoptive parent
for adoption; the consent or relinquishment to adoption by the parent has
become irrevocable except upon a showing of fraud, duress, or other circumstance
as set forth in G.S. 48-3-609 or G.S. 48-3-707; termination of
parental rights is a condition precedent to adoption in the jurisdiction where
the adoption preceding proceeding is to be filed; and the parent
does not contest the termination of parental rights."
SECTION 26.(b) This section becomes effective October 1, 2007, and applies to motions in the cause or petitions filed on or after that date.
SECTION 27. Article 1 of Chapter 10B of the General Statutes is amended by adding a new section to read:
"§ 10B-70. Certain notarial acts for local government agencies validated.
Any acknowledgment taken and any instrument notarized for a local government agency by a person prior to qualification as a notary public but after commissioning or recommissioning as a notary public, by a person whose notary commission has expired, or by a person who failed to qualify within 45 days of commissioning as required by G.S. 10B-10, is hereby validated. The acknowledgment and instrument shall have the same legal effect as if the person qualified as a notary public at the time the person performed the act. This section shall apply to notarial acts performed for a local government agency on or after October 31, 2006, and before June 30, 2007."
SECTION 28.(a) G.S. 84-2 reads as rewritten:
"§ 84-2. Persons disqualified.
No justice, judge, magistrate, full-time district attorney, full-time assistant district attorney, public defender, assistant public defender, clerk, deputy or assistant clerk of the General Court of Justice, register of deeds, deputy or assistant register of deeds, sheriff or deputy sheriff shall engage in the private practice of law. Persons violating this provision shall be guilty of a Class 3 misdemeanor and only fined not less than two hundred dollars ($200.00)."
SECTION 28.(b) This section becomes effective December 1, 2007, and applies offenses committed on or after that date.
SECTION 29.(a) G.S. 115D-5(a) reads as rewritten:
"(a) The State Board of Community Colleges may adopt and execute such policies, regulations and standards concerning the establishment, administration, and operation of institutions as the State Board may deem necessary to insure the quality of educational programs, to promote the systematic meeting of educational needs of the State, and to provide for the equitable distribution of State and federal funds to the several institutions.
The State Board of Community Colleges shall establish
standards and scales for salaries and allotments paid from funds administered
by the State Board, and all employees of the institutions shall be exempt from
the provisions of the State Personnel Act. The State Board shall have authority
with respect to individual institutions: to approve sites, buildings,
building plans,capital improvement projects, budgets; to approve the
selection of the chief administrative officer; to establish and administer
standards for professional personnel, curricula, admissions, and graduation; to
regulate the awarding of degrees, diplomas, and certificates; to establish and
regulate student tuition and fees within policies for tuition and fees
established by the General Assembly; and to establish and regulate financial
accounting procedures.
The State Board of Community Colleges shall require all community colleges to meet the faculty credential requirements of the Southern Association of Colleges and Schools for all community college programs."
SECTION 29.(b) G.S. 115D-15.1 reads as rewritten:
"§ 115D-15.1. Disposition, acquisition, and construction of property by community college.
(a) Disposition. - Notwithstanding the provisions of G.S. 115D-14, 115D-15, and 160A-274, the board of trustees of a community college may, in connection with additions, improvements, renovations, or repairs to all or part of its property, lease, sell, or otherwise dispose of any of its property to the county in which the property is located for any price and on any terms negotiated between the board of trustees of the community college and the board of county commissioners.
(b) Transfer. - An
agreement under subsection (a) of this section shall require the county to
transfer the property back to the board of trustees of the community college
when any financing agreement entered into by the county to finance the
additions, improvements, renovations, and repairs has been satisfied. If the
county did not enter into a financing agreement, the agreement under subsection
(a) of this section shall require the county to transfer the property back to
the board of trustees of the community college upon the completion of the
additions, improvements, renovations, and repairs.
Notwithstanding the transfer of property to the county, the provisions of subsection (d) of this section, G.S. 143-129, and G.S. 143-341 apply to the capital improvement project.
(c) Acquisition and
Construction. - Notwithstanding the provisions of G.S. 115D-14 and
G.S. 115D-20(3), the board of trustees of a community college may acquire,
by any lawful method, any interest in real or personal property from in
the county in which the community college is located or in its service
delivery area for use by the board of trustees andtrustees. The
board of trustees may contract for the construction, equipping, expansion,
improvement, renovation, repair, or otherwise making available for use by the
board of trustees of the community college of all or part of the property upon
any terms negotiated between the board of trustees of the community college and
the board of county commissioners.
(d) Approval. - The actions of a board of trustees of a community college taken pursuant to this section are subject to the approval of the State Board of Community Colleges.
(e) Contract Responsibility. - A county's obligations under a financing contract entered into by the county to finance improvements to real or personal property pursuant to this section shall be the responsibility of the county and not the responsibility of the board of trustees of the community college."
SECTION 29.(c) G.S. 115D-54(a) reads as rewritten:
"(a) On or before the
first day of May of each year,By a date determined by the State Board,
trustees of each institution shall prepare for submission a budget request as
provided in G.S. 115D-54(b) on forms provided by the State Board of
Community Colleges. The budget shall be based on estimates of available funds
if provided by the funding authorities or as estimated by the institution. The
State Current Fund shall be based on available funds. All other funds shall be
based on needs as determined by the board of trustees and shall include the
following:
(1) State Current Fund.
(2) County Current Fund.
(3) Institutional Fund.
(4) Plant Fund."
SECTION 29.(d) G.S. 115D-55(a) reads as rewritten:
"(a) Approval of Budget by
Local Tax-Levying Authority. - Not later than May 15, or such later date as
may beBy a date fixed by the local tax-levying authority, the budget
shall be submitted to the local tax-levying authority for approval of that
portion within its authority as stated in G.S. 115D-54(b). On or before
July 1, or such later date as may be agreeable to the board of trustees, but in
no instance later than September 1, the local tax-levying authority shall
determine the amount of county revenue to be appropriated to an institution for
the budget year. The local tax-levying authority may allocate part or all of an
appropriation by purpose, function, or project as defined in the budget manual
as adopted by the State Board of Community Colleges.
The local tax-levying authority shall have full authority to call for all books, records, audit reports, and other information bearing on the financial operation of the institution except records dealing with specific persons for which the persons' rights of privacy are protected by either federal or State law.
Nothing in this Article shall be construed to place a duty on the local tax-levying authority to fund a deficit incurred by an institution through failure of the institution to comply with the provisions of this Article or rules and regulations issued pursuant hereto."
SECTION 29.(e) G.S. 115D-58.15(a) reads as rewritten:
"(a) Authority. - The board of trustees of a community college may use lease purchase or installment purchase contracts to purchase or finance the purchase of equipment as provided in this section. A college shall not have more than five State-funded contracts in effect at any one time."
SECTION 29.(f) This section becomes effective October 1, 2007.
SECTION 29.5.(a) G.S. 115D-31.3(j) reads as rewritten:
"(j) Use of funds in low-wealth counties. - Funds retained by colleges or distributed to colleges pursuant to this section may be used to supplement local funding for maintenance of plant if the college does not receive maintenance of plant funds pursuant to G.S. 115D-31.2, and if the county in which the main campus of the community college is located:
(1) Is designated as a
Tier 1 or Tier 2 county in accordance with G.S. 105-129.3;G.S.
143B-437.08;
(2) Had an unemployment rate of at least two percent (2%) above the State average or greater than seven percent (7%), whichever is higher, in the prior calendar year; and
(3) Is a county whose wealth, as calculated under the formula for distributing supplemental funding for schools in low-wealth counties, is eighty percent (80%) or less of the State average.
Funds may be used for this purpose only after all local funds appropriated for maintenance of plant have been expended."
SECTION 29.5.(b) This section is effective January 1, 2008.
SECTION 30. G.S. 116-238.5 is repealed.
SECTION 31. The second G.S. 120-36.15, enacted by Section 3 of S.L. 2007-78, is recodified as G.S. 120-36.16.
SECTION 31.7. G.S. 130A-498(c), as enacted by Section 2 of S.L. 2007-193, reads as rewritten:
"(c) As used in this Part,
'local government' means any local political subdivision of this State, any
airport authority, or any authority or body created by any ordinance ordinance,
joint resolution, or rules of any such entity."
SECTION 32.(a) G.S. 143B-434.1(c), as amended by S.L. 2007-67, reads as rewritten:
"(c) The Board shall consist of 29 members as follows:
(1) The Secretary of Commerce, who shall not be a voting member.
(2) The Director of the Division of Tourism, Film, and Sports Development, who shall not be a voting member.
(3) Two members designated
by the Board of Directors of the North Carolina Hotel and Motel Association.
North Carolina Restaurant and Lodging Association, representing the
lodging sector.
(4) Two members designated
by the Board of Directors of the North Carolina Restaurant Association. North
Carolina Restaurant and Lodging Association, representing the restaurant
sector.
(5) Three Directors of Convention and Visitor Bureaus designated by the Board of Directors of the North Carolina Association of Convention and Visitor Bureaus.
(6) The Chairperson of the Travel and Tourism Coalition.
(7) The President of the Travel
Council of North Carolina.North Carolina Travel Industry Association.
(8) A member designated by
the Board of Directors of the Travel Council of North Carolina.North
Carolina Travel Industry Association.
(9) The President of North Carolina Citizens for Business and Industry.
(10) One member designated by the North Carolina Petroleum Marketers Association.
(11) One person associated with tourism attractions in North Carolina, appointed by the Speaker of the House of Representatives. One person who is not a member of the General Assembly, appointed by the Speaker of the House of Representatives.
(12) One person associated with the tourism-related transportation industry, appointed by the President Pro Tempore of the Senate. One person who is not a member of the General Assembly, appointed by the President Pro Tempore of the Senate.
(13) Four public members each interested in matters relating to travel and tourism, two appointed by the Governor (one from a rural area and one from an urban area), one appointed by the Speaker of the House, and one appointed by the President Pro Tempore of the Senate.
(14) One member associated with the major cultural resources and activities of the State in North Carolina, appointed by the Governor.
(15) Two members of the House of Representatives, appointed by the Speaker of the House of Representatives.
(16) Two members of the Senate, appointed by the President Pro Tempore of the Senate.
(17) Two members designated by the Board of Directors of North Carolina Watermen United who represent the charter boat/headboat industry."
SECTION 32.(b) G.S. 143B-434.1(d) reads as rewritten:
"(d) The members of the
Board shall serve the following terms: the Secretary of Commerce, the Director
of the Division of Tourism, Film, and Sports Development, the Chairperson of
the Travel and Tourism Coalition, the President of the Travel Council of
North Carolina,North Carolina Travel Industry Association, and the
President of North Carolina Citizens for Business and Industry shall serve on
the Board while they hold their respective offices. Each member of the Board
appointed by the Governor shall serve during his or her term of office. The
members of the Board appointed by the General Assembly shall serve two-year
terms beginning on January 1 of odd-numbered years and ending on December 31 of
the following year. The first such term shall begin on January 1, 1991, or as
soon thereafter as the member is appointed to the Board, and end on December
31, 1992. All other members of the Board shall serve a term which consists of
the portion of calendar year 1991 that remains following their appointment or
designation and, thereafter, two-year terms which shall begin on January 1 of
an even-numbered year and end on December 31 of the following year. The first
such two-year term shall begin on January 1, 1992, and end on December 31,
1994."
SECTION 33.(a) G.S. 143B-437.10 is recodified in Part 2 of Article 10 of Chapter 143B of the General Statutes as G.S. 143B-437.010.
SECTION 33.(b) G.S. 105-129.81(1) reads as rewritten:
"(1) Agrarian growth zone. -
Defined in G.S. 143B-437.10.G.S. 143B-437.010."
SECTION 33.(c) This section becomes effective July 1, 2007.
SECTION 34. G.S. 143C-6-6 reads as rewritten:
"(c) This Subsection
(a) of this section does not apply to The University of North
Carolina."
SECTION 34.5. G.S. 147-64.7(a) reads as rewritten:
"(a) Access to Persons and Records. -
(1) The Auditor and histhe
Auditor's authorized representatives shall have ready access to persons and
may examine and copy all books, records, reports, vouchers, correspondence,
files, personnel files, investments, and any other documentation of any State
agency. The review of State tax returns shall be limited to matters of official
business and the Auditor's report shall not violate the confidentiality
provisions of tax laws. Notwithstanding confidentiality provisions of tax
laws, the Auditor may use and disclose information related to overdue tax debts
in support of the Auditor's statutory mission.
(2) The Auditor and his
the Auditor's duly authorized representatives shall have such access
to persons, records, papers, reports, vouchers, correspondence, books, and any
other documentation which is in the possession of any individual, private
corporation, institution, association, board, or other organization which
pertain to:
a. Amounts received pursuant to a grant or contract from the federal government, the State, or its political subdivisions.
b. Amounts
received, disbursed, or otherwise handled on behalf of the federal government
or the State. In order to determine that payments to providers of social and
medical services are legal and proper, the providers of such services will give
the Auditor, or his the Auditor's authorized representatives,
access to the records of recipients who receive such services."
SECTION 35. Section 5 of S.L. 2005-198 reads as rewritten:
"SECTION 5. This act is effective when it
becomes law. Section 1 of this act applies to provisional teaching certificates
issued on or after that date. Sections 2, 3, and 4 of this act expire July
1, 2011."
SECTION 35.5. Section 2.66 of S.L. 2005-421 reads as rewritten:
"SECTION 2.66. Ray West of Chatham County
is appointed to the State Board of Therapeutic Recreation CertificationNorth
Carolina Recreational Therapy Licensure Board for a term expiring on June
30, 2007.June 30, 2008."
SECTION 36. Section 93(c) of S.L. 2006-264 is repealed.
SECTION 37. Section 98 of S.L. 2006-264 reads as rewritten:
"SECTION 98. Section 4 of S.L.2005-360 S.L.
2005-350 is repealed."
SECTION 38. The lead-in language of Section 6 of S.L. 2007-97 reads as rewritten:
"SECTION 6. G.S. 108-27.4(e)(7)
G.S. 108A-27.4(e)(7) reads as rewritten:".
SECTION 39. The lead-in language of Section 1.2 of S.L. 2007-106 reads as rewritten:
"SECTION 1.2. G.S. 32A-14 is amended by
adding a new subsection to read:reads as rewritten:".
SECTION 40. Section 2 of S.L. 2007-112 reads as rewritten:
"SECTION 2. Occupancy Tax. - (a) Authorization and Scope. - The Carteret County Board of Commissioners may levy a room occupancy and tourism development tax of five percent (5%) of the gross receipts derived from the rental of any room, lodging, or similar accommodation furnished by any hotel, motel, inn, tourist camp, condominium, cottage, campground, rental agency, or other similar place within the county that is subject to sales tax imposed by the State under G.S. 105-164.4(a)(3). This tax is in addition to any State or local sales tax. This tax does not apply to accommodations furnished by the following:
(1) Religious organizations.
(2) Educational organizations.
(3) Any business that
offers to rent fewer then than five units.
(4) Summer camps.
(5) Charitable, benevolent, and other nonprofit organizations."
SECTION 41. Section 1.(b) of S.L. 2007-113 reads as rewritten:
"SECTION 1.(b) To provide for the
continuity of degree-granting authority and participation with the State Assistance
Education Education Assistance Authority:
(1) Notwithstanding G.S. 116-15 and anything else to the contrary, CMC-NorthEast, Inc., or any successor, may continue to operate under this section in the same manner as private nonprofit corporations, and further may maintain in connection and as part of the hospital and education programs for nursing and health sciences, presently known as Cabarrus College of Health Sciences, which may continue to award associate degrees, baccalaureate degrees, and advanced degrees, as appropriate and as obtained by its students.
(2) Notwithstanding G.S. 116-21, 116-21.4, 116-22(1), 116-43.5 and any and all rules promulgated thereunder, and anything else to the contrary, Cabarrus College of Health Sciences shall continue to qualify for participation as an "approved institution" and otherwise remain eligible to receive the North Carolina Legislative Tuition Grants through the North Carolina State Education Assistance Authority.
(3) Notwithstanding G.S. 116-19, 116-20, 116-21, 116-21.1, and 116-22(1), and any and all rules promulgated thereunder, and anything else to the contrary, Cabarrus College of Health Sciences shall continue to qualify for participation as an "approved institution" and otherwise remain eligible to receive the North Carolina State Contractual Scholarship Funds Grants through the North Carolina State Education Assistance Authority."
SECTION 41.5. Section 8 of S.L. 2007-164 reads as rewritten:
"SECTION 8. Section 7 of this act becomes
effective July 1, 2008.This The remainder of this act becomes
effective July 1, 2007."
SECTION 42.(a) Section 12 of Session Law 2007-213 reads as rewritten:
"SECTION 12. G.S. 14-208.45 reads as rewritten:
"§ 14-208.45. Fees.
(a) There shall beExcept
as provided in this section, each person required to enroll pursuant to this
Part shall pay a one-time fee of ninety dollars ($90.00) assessed to
each person required to enroll pursuant to this Part.($90.00). The fee
shall be payable to the clerk of superior court, and the fees shall be remitted
quarterly to the Department of Correction. This fee is intended to offset only
the costs associated with the time-correlated tracking of the geographic
location of subjects using the location tracking crime correlation system.
(b) When a
court determines a person is required to enroll pursuant to G.S. 14-208.40A
or G.S. 14-208.40B, theThe court may exempt a person from
paying the fee required by subsection (a) of this section only for good
cause and upon motion of the person placed on required to enroll in
satellite-based monitoring. The court may require that the fee be paid in
advance or in a lump sum or sums, and a probation officer may require payment
by those methods.methods if the officer is authorized by subsection
(c) of this section to determine the payment schedule. This fee is intended to
offset only the costs associated with the time-correlated tracking of the
geographic location of subjects using the location tracking crime correlation
system.
(b) The fee
shall be payable to the clerk of superior court, and the fees shall be remitted
quarterly to the Department of Correction.
(c) If a person
placed on supervised probation, parole, or post-release supervision is required
as a condition of that probation, parole, or post-release supervision to pay
any moneys to the clerk of superior court, the court may delegate to a
probation officer the responsibility to determine the payment schedule."
SECTION 42.(b) Effective July 11, 2007, Section 15 of Session Law 2007-213 reads as rewritten:
"SECTION 15. Section 2 of this act becomes
effective December 1, 2007, and applies to sentences entered on or after that
date. Section 6 of this act becomes effective December 1, 2007, and applies to
offenses committed on or after that date. Sections 7, 8, and 9 of this act
become effective December 1, 2007, and apply to persons placed on probation,
parole, or post-release supervision on or after that date. Section 9A
becomesSections 1, 3, 4, 5, 11, 12, and 13 of this act become
effective December 1, 2007. The remainder of this act is effective when it
becomes law."
SECTION 43. The lead-in language of Section 6 of S.L. 2007-224 reads as rewritten:
"SECTION 6. G.S. 160-215(g) G.S. 160A-215(g)
reads as rewritten:".
SECTION 43.5. Section 10 of S.L. 2007-298 reads as rewritten:
"SECTION 10. Part I of this act becomes effective
January 1, 2008, and applies to violations occurring on or after that date. Sections
Section 7.4 applies to failure to submit license renewal applications on
or after October 1, 2007. and 7.5 apply to renewal applications
submitted Section 7.5 applies to failure to submit annual verifications
of status on or after October 1, 2007. SectionSections 9 and
10 and Parts II, III, V, and VIII are effective when the bill becomes law. The
remainder of the act becomes effective October 1, 2007, 2007.
and applies to policies issued or renewed on or after that date."
SECTION 43.7.(a) If Section 1.2 of House Bill 627, 2007 Regular Session, becomes law, G.S. 112C-115.4(b)(5), as enacted by Section 1.2 of House Bill 627, is repealed.
SECTION 43.7.(b) If Section 1.2 of House Bill 627, 2007 Regular Session, becomes law, G.S. 122C-115.4(b)(5), as enacted by Section 10.49(l) of S.L. 2007-323, reads as rewritten:
"(b) The primary functions of an LME include all of the following:
…
(5) Care coordination and quality management. This function involves individual client care decisions at critical treatment junctures to assure clients' care is coordinated, received when needed, likely to produce good outcomes, and is neither too little nor too much service to achieve the desired results. Care coordination is sometimes referred to as "care management." Care coordination shall be provided by clinically trained professionals with the authority and skills necessary to determine appropriate diagnosis and treatment, approve treatment and service plans, when necessary to link clients to higher levels of care quickly and efficiently, to facilitate the resolution of disagreements between providers and clinicians, and to consult with providers, clinicians, case managers, and utilization reviewers. Care coordination activities for high-risk/high-cost consumers or consumers at a critical treatment juncture include the following:
a. Assisting with the development of a single care plan for individual clients, including participating in child and family teams around the development of plans for children and adolescents.
b. Addressing difficult situations for clients or providers.
c. Consulting with providers regarding difficult or unusual care situations.
d. Ensuring that consumers are linked to primary care providers to address the consumer's physical health needs.
e. Coordinating client transitions from one service to another.
f. Customer
Conducting customer service interventions.
g. Assuring clients are given additional, fewer, or different services as client needs increase, lessen, or change.
h. Interfacing with utilization reviewers and case managers.
i. Providing leadership on the development and use of communication protocols.
j. Participating in the development of discharge plans for consumers being discharged from a State facility or other inpatient setting who have not been previously served in the community.
…."
SECTION 43.7.(c) If House Bill 627, 2007 Regular Session, becomes law, Section 3 of that act reads as rewritten:
"SECTION 3. Sections 2.1 through 2.3 and Section 3 of this act become effective October 1, 2007. Sections 1.4 and 2.5 of this act apply to appointments made on and after October 1, 2007. Section 1.2 of this act becomes effective July 1, 2007. The remainder of this act is effective when it becomes law."
SECTION 43.7.(d) This section becomes effective July 1, 2007.
SECTION 43.7C. If House Bill 820, 2007 Regular Session, becomes law, Section 7.(a) of House Bill 820 reads as rewritten:
SECTION 7.(a) Except as
provided in subsection (b) of this section, this act becomes effective when it
becomes law and applies to any petition for a certificate for a transfer
of surface water from one river basin to another river basin first madefor
which preparation of an environmental assessment or an environmental impact
statement has begun on or after that date.the date on which this
act becomes law.
SECTION 43.7E. Section 2 of House Bill 956, 2007 Regular Session, Ratified Version, is amended by deleting "G.S. 115C-325(5a)" and substituting "G.S. 115C-325(a)(5a)."
SECTION 43.7J. If House Bill 1094, 2007 Regular Session, becomes law, then G.S. 14-440.1(c), as amended by House Bill 1094, reads as rewritten:
"(c) Penalty. - A violation of subsection (b) of this section is punishable as follows:
(1) Unless the conduct is covered under some other provision of law providing greater punishment, any person convicted of a violation of subsection (b) of this section is guilty of:
a. A Class I felony, if the violation is a first offense under this section, with a minimum fine of two thousand five hundred dollars ($2,500).
b. A Class I felony, if the violation is a second or subsequent offense under this section, with a minimum fine of five thousand dollars ($5,000).
(2) If a person is
convicted of any a violation of subsection (b) of this
section, the court, in its judgment of conviction, shall order the forfeiture
and destruction or other disposition of the following:
a. All unauthorized copies of motion pictures or other audiovisual works, or any parts thereof.
b. All implements, devices, and equipment used or intended to be used in connection with the offense."
SECTION 43.7T.(a) If House Bill 1499, 2007 Regular Session, becomes law, Section 1.3 reads as rewritten:
"SECTION 1.3. Section 1.1 of this act Part
is effective for taxes imposed for taxable years beginning on or after July
1, 2008. The remainder of this section Part is effective
when it becomes law."
SECTION 43.7T.(b) If House Bill 1499, 2007 Regular Session, becomes law, Section 2.6 reads as rewritten:
"SECTION 2.6. This section Part is
effective for taxes imposed for taxable years beginning on or after July 1,
2008."
SECTION 43.7T.(c) If House Bill 1499, 2007 Regular Session, becomes law, Section 3.2 reads as rewritten:
"SECTION 3.2. This section Part is
effective for taxes imposed for taxable years beginning on or after July 1,
2008."
SECTION 43.7T.(d) If House Bill 1499, 2007 Regular Session, becomes law, Section 4.3 reads as rewritten:
"SECTION 4.3. This section Part is
effective when it becomes law."
SECTION 43.7T.(e) If House Bill 1499, 2007 Regular Session, becomes law, then that act is amended by adding a new section to read:
"SECTION 5. Except as otherwise provided, this act is effective when it becomes law."
SECTION 43.8.(a) If House Bill 1517, 2007 Regular Session, becomes law, then G.S. 163-278.96(17), as enacted by House Bill 1517, reads as rewritten:
"(17) Trigger for matching funds. - The
dollar amount at which matching funds are released under G.S. 163-278.99B
for certified candidates. In the case of a contested primary, the trigger
equals the maximum qualifying contributions for the candidate. In the case of a
contested general election, the trigger equals the base level of funding
available under G.S. 163-278.99(b)(2).G.S. 163-278.99(b)(4)."
SECTION 43.8.(b) If House Bill 1517, 2007 Regular Session, becomes law, then G.S. 163-278.99B(c) as enacted by House Bill 1517, reads as rewritten:
"(c) Limit on Matching
Funds in Contested General Election. - Total matching funds to a certified
candidate in a contested general election shall be limited to an amount equal
to two times the amount described in G.S. 163-278.99(b)(2).G.S. 163-278.99(b)(4)."
SECTION 43.8.(c) If House Bill 1517, 2007 Regular Session, becomes law, Section 6 of House Bill 1517 is rewritten to read:
"SECTION 6. Sections 1 through 3 of this
act become are effective 30 days after this act is given
preclearance under section 5 of the Voting Rights Act of 1965. when this
act becomes law. For purposes of the 2008 election, the beginning date for the
voluntary funding limitation as enacted in G.S. 163-278.98(e)(1) and (2) in
Section 1 of this act shall be set administratively by the State Board of
Elections. This act applies to elections for Auditor, Superintendent of
Public Instruction, and Commissioner of Insurance in 2008 and thereafter.
Section 5 of this act becomes effective July 1, 2007. The State Board of
Elections shall make the kind of report required in G.S. 163-278.97(c), as
enacted in this act, as soon as feasible before the 2008 election. The State
Board of Elections shall make the determination required in G.S. 163-278.99(b),
as enacted in this act, as soon as feasible before the 2008 election. The
remainder of this act is effective when it becomes law."
SECTION 43.8G.(a) If House Bill 1817, 2007 Regular Session, becomes law, then G.S. 53-243.10(8), as enacted by House Bill 1817, reads as rewritten:
'(8) In transactions where the broker has the ability to make credit decisions, use reasonable means to provide the borrower with prompt credit decisions on its loan applications and, where the credit is denied, to comply fully with the notification requirements of applicable state and federal law.'
SECTION 43.8G.(b) If House Bill 1817, 2007 Regular Session, becomes law, then G.S. 53-243.10(10), as enacted by House Bill 1817, is repealed.
SECTION 43.8G.(c) This section is effective January 1, 2008.
SECTION 43.8.(d) If House Bill 1517, 2007 Regular Session, becomes law, G.S. 163-278.99B, as enacted by Section 1 of that bill, is amended by adding a new subsection to read:
(e) Proportional Measuring of Multicandidate Communications. - In calculating the amount of matching funds a certified candidate is eligible to receive under this section, the Board shall include the proportion of expenditures, obligations, or payments for multicandidate communications that pertains to the candidate.
SECTION 43.9. If Senate Bill 1435, 2007 Regular Session, becomes law, then the statutory reference in Section 7 of that act is amended by deleting '90-210.29A-1.' and substituting '90-210.29B.'
SECTION 44. If Senate Bill 1482, 2007 Regular Session, becomes law, then its title is amended by deleting "G.S. 163-102.6" and substituting "G.S. 136-102.6".
SECTION 44.5. If Senate Bill 1527, 2007 Regular Session, becomes law, then G.S. 58-71-165, as enacted by Senate Bill 1527, reads as rewritten:
"§ 58-71-165.
Monthly report Report required.
(a) Each professional bail bondsman shall file with the Commissioner a written report in a form prescribed by the Commissioner regarding all bail bonds on which the bondsman is liable as of the first day of each month showing (i) each individual bonded, (ii) the date the bond was given, (iii) the principal sum of the bond, (iv) the State or local official to whom given, and (v) the fee charged for the bonding service in each instance.
(b) Each insurer that appoints surety bondsmen in this State shall file with the Commissioner a written report in a form adopted by the Commissioner regarding all bail bonds on which the insurer is liable as of the last day of each calendar quarter showing the total dollar amount for which the insurer is liable. The report shall be filed on or before the fifteenth day following the end of each calendar quarter.
(c) The reports required
by subsections (a) and (b) subsection (a) of this section shall
be filed on or before the fifteenth day of each month.
(d) Any person who knowingly and willfully falsifies a report required by this section is guilty of a Class I felony."
SECTION 45. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 2nd day of August, 2007.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:23 p.m. this 30th day of August, 2007