GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-550
HOUSE BILL 274
AN ACT to make various Clarifying changes to the general statutes and session laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-544.4(e) reads as rewritten:
"(e) Notice under
this section shall be mailed not later than the thirtieth day after the date on
which the forfeiture is entered. Notice under this section shall be
mailed not later than the 30th day after the date on which the
defendant fails to appear as required and a call and fail is ordered. If
notice under this section is not given within the prescribed time, the
forfeiture shall not become a final judgment and shall not be enforced or
reported to the Department of Insurance."
SECTION 1.1.(a) Section 10.15A(h1)(2) and (h1)(3) of S.L. 2008-107, as amended by Section 3.13(a) of S.L. 2008-118, reads as rewritten:
"(2) Notice. - Except as
otherwise provided by federal law or regulation, at least 30 10
days before the effective date of an adverse determination, the Department
shall notify the applicant or recipient, and the provider, if applicable, in
writing of the determination and of the applicant's or recipient's right to
appeal the determination. The notice shall be mailed on the date indicated on
the notice as the date of the determination. The notice shall include:
a. An identification of the applicant or recipient whose services are being affected by the adverse determination, including full name and Medicaid identification number.
b. An explanation of what service is being denied, terminated, suspended, or reduced and the reason for the determination.
c. The specific regulation, statute, or medical policy that supports or requires the adverse determination.
d. The effective date of the adverse determination.
e. An explanation of the applicant's or recipient's right to appeal the Department's adverse determination in an evidentiary hearing before an administrative law judge.
f. An explanation of how the applicant or recipient can request a hearing and a statement that the applicant or recipient may represent himself or use legal counsel, a relative, or other spokesperson.
g. A statement that the applicant or recipient will continue to receive Medicaid services at the level provided on the day immediately preceding the Department's adverse determination or the amount requested by the applicant or recipient, whichever is less, if the applicant or recipient requests a hearing before the effective date of the adverse determination. The services shall continue until the hearing is completed and a final decision is rendered.
h. The name and telephone number of a contact person at the Department to respond in a timely fashion to the applicant's or recipient's questions.
i. The telephone number by which the applicant or recipient may contact a Legal Aid/Legal Services office.
j. The appeal request form described in subdivision (4) of this subsection that the applicant or recipient may use to request a hearing.
(3) Appeals. - Except as provided by this subsection and subsection 10.15A(h2) of this act, a request for a hearing to appeal an adverse determination of the Department under this section is a contested case subject to the provisions of Article 3 of Chapter 150B of the General Statutes. The applicant or recipient must request a hearing within 30 days of the mailing of the notice required by subdivision (2) of this subsection by sending an appeal request form to the Office of Administrative Hearings and the Department. Where a request for hearing concerns the reduction, modification, or termination of Medicaid services, upon the receipt of a timely appeal, the Department shall reinstate the services to the level or manner prior to action by the Department as permitted by federal law or regulation. The Department shall immediately forward a copy of the notice to the Office of Administrative Hearings electronically. The information contained in the notice is confidential unless the recipient appeals. The Office of Administrative Hearings may dispose of the records after one year. The Department may not influence, limit, or interfere with the applicant's or recipient's decision to request a hearing."
SECTION 1.1.(b) Section 10.15A(h2) of S.L. 2008-107, as amended by Section 3.13(b) of S.L. 2008-118, reads as rewritten:
"SECTION 10.15A.(h2)
(1) Application. - This subsection applies only to contested Medicaid cases commenced by Medicaid applicants or recipients under subsection 10.15A(h1) of this act. Except as otherwise provided by subsection 10.15A(h1) and this subsection governing time lines and procedural steps, a contested Medicaid case commenced by a Medicaid applicant or recipient is subject to the provisions of Article 3 of Chapter 150B. To the extent any provision in this subsection or subsection 10.15A(h1) of this act conflicts with another provision in Article 3 of Chapter 150B, this subsection and subsection 10.15A(h1) controls.
(2) Simple
Procedures. - Notwithstanding any other provision of Article 3 of Chapter 150B
of the General Statutes, the chief administrative law judge may limit and
simplify the procedures that apply to a contested Medicaid case involving a
Medicaid applicant or recipient in order to complete the case as quickly as
possible. To the extent possible, the Hearings DivisionOffice of
Administrative Hearings shall schedule and hear all contested
Medicaid cases within 45 55 days of submission of a request for
appeal. Hearings shall be conducted telephonically or by video technology,
however the recipient or applicant, or the recipient's or applicant's
representative may request that the hearing be conducted before the
administrative law judge in person. An in-person hearing shall be conducted in
Wake County, however for good cause shown, the in-person hearing may be
conducted in the county of residence of the recipient or applicant. Good cause
shall include but is not limited to the applicant's or recipient's impairments
limiting travel or the unavailability of the applicant's or recipient's
treating professional witnesses. The Department shall provide written notice to
the recipient or applicant of the use of telephonic hearings, hearings by video
conference, and in-person hearings before the administrative law judge,
and how to request a hearing in the recipient's or applicant's county of
residence. The simplified procedure may include requiring that all
prehearing motions be considered and ruled on by the administrative law judge
in the course of the hearing of the case on the merits. An administrative law
judge assigned to a contested Medicaid case shall make reasonable efforts in a
case involving a Medicaid applicant or recipient who is not represented by an
attorney to assure a fair hearing and to maintain a complete record of the
hearing. The administrative law judge may allow brief extensions of the time
limits contained in this section for good cause and to ensure that the record is
complete. Good cause includes delays resulting from untimely receipt of
documentation needed to render a decision and other unavoidable and unforeseen
circumstances. Continuances shall only be granted in accordance with rules
adopted by the Office of Administrative Hearings, and shall not be granted on
the day of the hearing, except for good cause shown. If a petitioner fails to
make an appearance at a hearing that has been properly noticed via certified
mail by the Office of Administrative Hearings, the Office of Administrative
Hearings shall immediately dismiss the contested case provision.
(3) Mediation. -
Upon receipt of an appeal request form as provided by subdivision 10.15A(h1)(4)
of this act or other clear request for a hearing by a Medicaid applicant or
recipient, the chief administrative law judge Office of
Administrative Hearings shall immediately notify the Mediation Network of
North Carolina which shall within five days contact the petitioner to offer
mediation in an attempt to resolve the dispute. If mediation is accepted, the
mediation must be completed within 25 days of submission of the request for
appeal. If mediation is successful, the mediator shall inform the Hearings
Division, which shall confirm with the agency that a settlement has been
achieved, and the case shall be dismissed. If the petitioner rejects the offer
of mediation or the mediation is unsuccessful, the mediator shall notify the
Hearings Division that the case will proceed to hearing.Upon completion
of the mediation, the mediator shall inform the Office of Administrative
Hearings and the Department within 24 hours of the resolution by facsimile or
electronic messaging. If the parties have resolved matters in the mediation,
the case shall be dismissed by the Office of Administrative Hearings. The
Office of Administrative Hearings shall not conduct any contested Medicaid
cases hearings until it has received notice from the mediator assigned that
either: (i) the mediation was unsuccessful, or (ii) the petitioner has rejected
the offer of mediation, or (iii) the petitioner has failed to appear at a
scheduled mediation. Nothing in this subdivision shall restrict the right
to a contested case hearing.
(4) Burden of Proof. - The petitioner has the burden of proof to show entitlement to a requested benefit or the propriety of requested agency action when the agency has denied the benefit or refused to take the particular action. The agency has the burden of proof when the appeal is from an agency determination to impose a penalty or reduce, terminate, or suspend a benefit previously granted. The party with the burden of proof on any issue has the burden of going forward, and the administrative law judge shall not make any ruling on the preponderance of evidence until the close of all evidence.
(4a) New Evidence. - The petitioner shall be permitted to submit evidence regardless of whether obtained prior to or subsequent to the Department's actions and regardless of whether the Department had an opportunity to consider the evidence in making its determination to deny, reduce, terminate or suspend a benefit. When such evidence is received, at the request of the Department, the administrative law judge shall continue the hearing for a minimum of 15 days and a maximum of 30 days to allow for the Department's review of the evidence. Subsequent to review of the evidence, if the Department reverses its original decision, it shall immediately inform the administrative law judge.
(4b) Issue for Hearing. - For each penalty imposed or benefit reduced, terminated, or suspended, the hearing shall determine whether the Department substantially prejudiced the rights of the petitioner and if the Department, based upon evidence at the hearing:
a. Exceeded its authority or jurisdiction;
b. Acted erroneously;
c. Failed to use proper procedure;
d. Acted arbitrarily or capriciously; or
e. Failed to act as required by law or rule.
(5) Decision. - The
administrative law judge assigned to a contested Medicaid case shall hear and
decide the case without unnecessary delay. The Hearings DivisionOffice
of Administrative Hearings shall send a copy of the audiotape or diskette
of the hearing to the agency within five days of completion of the hearing. The
judge shall prepare a written decision and send it to the parties. The decision
must be sent together with the record to the agency within 20 days of the
conclusion of the hearing."
SECTION 1.1.(c) Section 10.15A(e2) of S.L. 2008-107 reads as rewritten:
"SECTION 10.15A.(e2) The community support provider appeals process shall be developed and implemented as follows:
(1) A hearing under this section shall be commenced by filing a petition with the chief hearings clerk of the Department within 30 days of the mailing of the notice by the Department of the action giving rise to the contested case. The petition shall identify the petitioner, be signed by the party or representative of the party, and shall describe the agency action giving rise to the contested case. As used in this section, "file or filing" means to place the paper or item to be filed into the care and custody of the chief hearings clerk of the Department and acceptance thereof by the chief hearings clerk, except that the hearing officer may permit the papers to be filed with the hearing officer, in which event the hearing officer shall note thereon the filing date. The Department shall supply forms for use in these contested cases.
(2) If there is a timely request for an appeal, the Department shall promptly designate a hearing officer who shall hold an evidentiary hearing. The hearing officer shall conduct the hearing according to applicable federal law and regulations and shall ensure that:
a. Notice of the hearing is given not less than 15 days before the hearing. The notice shall state the date, hour, and place of the hearing and shall be deemed to have been given on the date that a copy of the notice is mailed, via certified mail, to the address provided by the petitioner in the petition for hearing.
b. The hearing
is held in Wake County, except that the hearing officer may, after
consideration of the numbers, locations, and convenience of witnesses and in
order to promote the ends of justice, hold the hearingtake testimony and
receive evidence by telephone or other electronic means or hold the
hearing in a county in which the petitioner resides.means. The
petitioner and the petitioner's legal representative may appear before the
hearing officer in Wake County.
c. Discovery
is no more extensive or formal than that required by federal law and
regulations applicable to the hearings. Prior to and during the hearing, a
provider representative shall have adequate opportunity to examine the
provider's own case file. No later than five days before the date of the
hearing, each party to a contested case shall provide to each other party a
copy of any documentary evidence that the party intends to introduce at the
hearing and shall identify each witness that the party intends to call.
(3) The hearing
officer shall have the power to administer oaths and affirmations, subpoena
the attendance of witnesses, rule on prehearing motions, affirmations
and regulate the conduct of the hearing. The following shall apply to hearings
held pursuant to this section:
a. At the hearing, the parties may present such sworn evidence, law, and regulations as are relevant to the issues in the case.
b. The petitioner and the respondent agency each have a right to be represented by a person of his choice, including an attorney obtained at the party's own expense.
c. The petitioner and the respondent agency shall each have the right to cross-examine witnesses as well as make a closing argument summarizing his view of the case and the law.
d. The appeal
hearing shall be recorded. If a petition for judicial review is filed pursuant
to subsection (f) of this section, a transcript will be prepared and made the
Department shall include a copy of the recording of the hearing as part of
the official report and shall be prepared at no cost to the appellant. In
the absence of the filing of a petition for a judicial review, no transcript
will be prepared unless requested by a party, in which case each party shall bear
the cost of the transcript or part thereof or copy of the transcript or part
thereof requested by the party.record. The recording of the appeal
hearing may be erased or otherwise destroyed 180 days after the final decision
is mailed as provided in G.S. 108A-79(i)(5).
(4) The hearing officer shall decide the case based upon a preponderance of the evidence, giving deference to the demonstrated knowledge and expertise of the agency as provided in G.S. 150B-34(a). The hearing officer shall prepare a proposal for the decision, citing relevant law, regulations, and evidence, which shall be served upon the petitioner or the petitioner's representative by certified mail, with a copy furnished to the respondent agency.
(5) The petitioner
and the respondent agency shall have 15 days from the date of the mailing of
the proposal for decision to present written arguments in opposition to or in
support of the proposal for decision to the designated official of the Department
who will make the final decision. If neither written arguments are presented,
nor extension of time granted by the final agency decision maker for good
cause, within 15 days of the date of the mailing of the proposal for decision,
the proposal for decision becomes final. If written arguments are presented,
such arguments shall be considered and the final decision shall be rendered.
The final decision shall be rendered not more than 90 180 days
from the date of the filing of the petition. This time limit may be extended by
agreement of the parties or by final agency decision maker, for good cause shown,
for an additional period of up to 30 days.shown. The final decision
shall be served upon the petitioner or the petitioner's representative by
certified mail, with a copy furnished to the respondent agency. In the absence
of a petition for judicial review filed pursuant to subsection (f) of this
section, the final decision shall be binding upon the petitioner and the
Department.
(6) A petitioner who is dissatisfied with the final decision of the Department may file, within 30 days of the service of the decision, a petition for judicial review in the Superior Court of Wake County or of the county from which the case arose. The judicial review shall be conducted according to Article 4 of Chapter 150B of the General Statutes.
(7) In the event of
a conflict between federal law or regulations and State law or regulations,
federal law or regulations shall control. This section applies to all petitions
that are filed by a Medicaid community support services provider on or after
July 1, 2008, and for all Medicaid community support services provider
petitions that have been filed at the Office of Administrative Hearings
previous to July 1, 2008, but for which a hearing on the merits has not been
commenced prior to that date. The requirement that the agency decision must be
rendered not more than 90 180 days from the date of the filing of
the petition for hearing shall not apply to (i) community support services
provider petitions that were filed at the Office of Administrative Hearings or
(ii) requests for a hearing under the Department's informal settlement process
prior to the effective date of this act. The Office of Administrative Hearings
shall transfer all cases affected by this section to the Department of Health
and Human Services within 30 days of the effective date of this section. This
act preempts the existing informal appeal process and reconsideration review
process at the Department of Health and Human Services and the existing appeal
process at the Office of Administrative Hearings with regard to all appeals
filed by Medicaid community support services providers under the Medical
Assistance program."
SECTION 2.(a) G.S. 20-71.4 is amended by adding a new subsection to read:
"(e) The provisions of this section shall not apply to a State agency that assists the United States Department of Defense with purchasing, transferring, or titling a vehicle to another State agency, a unit of local government, a volunteer fire department, or a volunteer rescue squad."
SECTION 2.(b) G.S. 20-73(b)(2), as enacted by S.L. 2009-81, reads as rewritten:
"(2) A State agency that
assists the United States Department of Defense in purchasing or transferringwith
purchasing, transferring, or titling a vehicle to another State agency, a
unit of local government, a volunteer fire department, or a volunteer rescue
squad."
SECTION 2.(c) G.S. 20-305.1 is amended by adding a new subsection to read:
"(f2) The provisions of subsections (d) and (e) of this section shall not apply to a State agency that assists the United States Department of Defense with purchasing, transferring, or titling a vehicle to another State agency, a unit of local government, a volunteer fire department, or a volunteer rescue squad."
SECTION 2.(d) G.S. 20-347(d) reads as rewritten:
"(d) The provisions of this disclosure statement section shall not apply to the following transfers:
(1) A vehicle having
a gross vehicle weight rating of more than 16,000 pounds;pounds.
(2) A vehicle that
is not self-propelled;self-propelled.
(2a) A vehicle sold directly by
the manufacturer to any agency of the United States in conformity with
contractual specifications;specifications.
(3) A vehicle that
is 10 years old or older; orolder.
(4) A new vehicle prior to its first transfer for purposes other than resale.
(5) A vehicle that is transferred by a State agency that assists the United States Department of Defense with purchasing, transferring, or titling a vehicle to another State agency, a unit of local government, a volunteer fire department, or a volunteer rescue squad."
SECTION 2.(e) G.S. 105-187.3 is amended by adding a new subsection to read:
"(b1) Retail Value of Transferred Department of Defense Vehicles. - The retail value of a vehicle for which a certificate of title is issued because of a transfer by a State agency that assists the United States Department of Defense with purchasing, transferring, or titling a vehicle to another State agency, a unit of local government, a volunteer fire department, or a volunteer rescue squad is the sales price paid by the State agency, unit of local government, volunteer fire department, or volunteer rescue squad."
SECTION 3. G.S. 20-130.1 is amended by adding a new subsection to read:
"(c1) The provisions of subsection (c) of this section do not apply to the possession and installation of an inoperable blue light on a vehicle that is inspected by and registered with the Department of Motor Vehicles as a specially constructed vehicle and that is used primarily for participation in shows, exhibitions, parades, or holiday/weekend activities, and not for general daily transportation. For purposes of this subsection, 'inoperable blue light' means a blue-colored lamp housing or cover that does not contain a lamp or other mechanism having the ability to produce or emit illumination."
SECTION 3.1. G.S. 20-183.8G(b) reads as rewritten:
"(b) Hearing After Statement of Charges. - When a license holder receives a statement of charges of a violation that could result in the suspension or revocation of the person's license, the person can obtain a hearing by making a request for a hearing. The person must make the request to the Division within 10 days after receiving the statement of the charges. A person who does not request a hearing within this time limit waives the right to a hearing.
The Division must hold a hearing requested under this
subsection within three business10 business days after
receiving the request unless the person requesting the hearing asks for
additional time to prepare for the hearing.request. A person may
ask for no more than seven additional business days to prepare. If the
additional time requested is within this limit, the Division must grant a
person the additional time requested. The hearing must be held at the
location designated by the Division. Suspension or revocation of the license is
stayed until a decision is made following the hearing.
If a person does not request a hearing within the time allowed for making the request, the proposed suspension or revocation becomes effective the day after the time for making the request ends. If a person requests a hearing but does not attend the hearing, the proposed suspension or revocation becomes effective the day after the date set for the hearing."
SECTION 3.2. G.S. 20-218 reads as rewritten:
"§ 20-218. Standard qualifications for school bus drivers; speed limit for school buses and school activity buses.
(a) Qualifications.
- No person shall drive a school bus over the highways or public vehicular
areas of North Carolina while it is occupied by children one or more
child passengers unless the person furnishes to the superintendent of the
schools of the county in which the bus shall be operated a certificate from any
representative duly designated by the Commissioner and from the Director of
Transportation or a designee of the Director in charge of school buses in the
county showing that the person has been examined by them and is fit and
competent to drive a school bus over the highways and public vehicular areas of
the State. The driver of a school bus must be at least 18 years of age and hold
a Class A, B, or C commercial drivers license and a school bus driver's
certificate. The driver of a school activity bus must meet the same
qualifications as a school bus driver or must have a license appropriate for
the class of vehicle being driven.
(b) Speed Limits. -
It is unlawful to drive a school bus loaded with children occupied by
one or more child passengers over the highways or public vehicular areas of
the State at a greater rate of speed than 45 miles per hour. It is unlawful to
drive a school activity bus loaded with children occupied by one or
more child passengers over the highways or public vehicular areas of North
Carolina at a greater rate of speed than 55 miles per hour.
(c) Punishment. - A person who violates this section commits a Class 3 misdemeanor."
SECTION 4. G.S. 20-309(a) reads as rewritten:
"(a) No motor
vehicle shall be registered in this State unless the owner at the time of
registration has provides proof of financial responsibility for
the operation of such motor vehicle, as provided in this Article. The owner of
each motor vehicle registered in this State shall maintain financial
responsibility continuously throughout the period of registration."
SECTION 4.1. If Senate Bill 509, 2009 Regular Session, becomes law, then G.S. 105-164.14(b)(1) reads as rewritten:
"(1) Hospitals not operated
for profit, including hospitals and medical accommodations operated by an
authority created under the Hospital Authorities Law, or other public
hospital described in Article 2 of Chapter 131E of the General
Statutes."
SECTION 5. G.S. 75-63(g1), as enacted by S.L. 2009-355, reads as rewritten:
"(g1) A consumer reporting agency need not meet the time requirements provided in this section, only for such time as the occurrences prevent compliance, if any of the following occurrences apply:
(1) The consumer fails to meet the requirements of subsection (d) or (j) of this section.
(2) The consumer reporting agency's ability to remove, place, temporarily lift, or lift with respect to a specific party the security freeze is prevented by any of the following:
a. An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomena.
b. Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrences.
c. Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption.
d. Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives.
e. Regularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency's systems.
f. Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled.
g. Receipt of
a removal request outside of normal business hours."
SECTION 5.1. G.S. 105-40(7a) reads as rewritten:
"(7a) All exhibitions, performances, and entertainments promoted and managed by 'a nonprofit arts organization.' This exemption does not apply to athletic events. A 'nonprofit arts organization' is an organization that meets both of the following requirements:
a. It is exempt from income tax under G.S. 105-130.11(a)(3).
b. Its primary
purpose is to offer choral and theatrical performances.create,
produce, present, or support music, dance, theatre, literature, or visual arts."
SECTION 5.2. S.L. 2009-406 is amended by adding a new section to read:
"SECTION 5.1. If developmental approvals that expired during the period beginning January 1, 2008 and the effective date of this act are revived by operation of this act, and (i) in reliance upon such expiration the water or sewer capacity was reallocated to other development projects prior to the effective date of this act, and (ii) there is no longer sufficient supply or treatment capacity to accommodate the project that is the subject of the revived development approval, the act shall not be construed to revive any vested right to the water or sewer allocation associated with the revived development approval, but the holder of the revived development approval may request new capacity and shall be given first priority if additional supply or treatment capacity becomes available."
SECTION 6.(a) G.S. 130A-492(8e), as enacted by S.L. 2009-27, reads as rewritten:
"(8e) "Restaurant" - A
food and or lodging establishment that prepares and serves drink
or food as regulated by the Commission pursuant to Part 6 of Article 8 of this
Chapter."
SECTION 6.(b) Section 3 of S.L. 2009-27 reads as rewritten:
"SECTION 3. This act is effective when it becomes law. The Commission for Public Health may adopt rules to implement Parts 1A, 1B, and 1C of Article 23 of Chapter 130A of the General Statutes, as enacted by this act, on and after the date this act becomes law, provided that such rules shall not become effective before January 2, 2010."
SECTION 7. G.S. 143B-434.1(c)(6) reads as rewritten:
"(6) The Chairperson of the
Travel and Tourism Coalition.Coalition or the Chairperson's designee."
SECTION 8.(a) G.S. 164-14 reads as rewritten:
"§ 164-14. Membership; appointments; terms; vacancies.
(a) The Commission
shall consist of 1214 members, who shall be appointed as follows:
(1) One member, by the president of the North Carolina State Bar;
(2) One member, by the General Statutes Commission;
(3) One member, by the dean of the school of law of the University of North Carolina;
(4) One member, by the dean of the school of law of Duke University;
(5) One member, by the dean of the school of law of Wake Forest University;
(6) One member, by the Speaker of the House of Representatives of each General Assembly from the membership of the House;
(7) One member, by the President Pro Tempore of the Senate of each General Assembly from the membership of the Senate;
(8) Two members, by the Governor;
(9) One member, by the dean of the school of law of North Carolina Central University;
(10) One member by the president of the North Carolina Bar Association;
(11) One member, by the dean of the school of law of Campbell University.
(12) One member, by the dean of the school of law of Elon University.
(13) One member, by the dean of the Charlotte School of Law (NC), Inc.
(b) Appointments of original members of the Commission made by the president of the North Carolina State Bar, the president of the North Carolina Bar Association, and the deans of the schools of law of Duke University, the University of North Carolina, and Wake Forest University shall be for one year. Appointments of original members of the Commission made by the Speaker of the House of Representatives, the President of the Senate, and the Governor shall be for two years.
(c) After the
appointment of the original members of the Commission, appointments by the
president of the North Carolina State Bar, the General Statutes Commission, and
the deans of the schools of law of North Carolina Central University, Duke
University, Elon University, the University of North Carolina, and Wake
Forest University shall be made in the even-numbered years, and appointments
made by the Speaker of the House of Representatives, the President Pro Tempore
of the Senate, president of the North Carolina Bar Association, the dean deans
of the School of Law of Campbell University and the Charlotte School of Law
(NC), Inc., and the Governor shall be made in the odd-numbered years. Such
appointments shall be made for two-year terms beginning June first of the year
when such appointments are to become effective and expiring May 31 two years
thereafter. All such appointments shall be made not later than May 31 of the
year when such appointments are to become effective.
(d) If any appointment provided for by this section is not made prior to June first of the year when it should become effective, a vacancy shall exist with respect thereto, and the vacancy shall then be filled by appointment by the Governor. If any member of the Commission dies or resigns during the term for which he was appointed, his successor for the unexpired term shall be appointed by the person who made the original appointment, as provided in G.S. 164-14, or by the successor of such person; and if such vacancy is not filled within 30 days after the vacancy occurs, it shall then be filled by appointment by the Governor. In any case where an appointment authorized to be made by G.S. 164-14(c) has not been made on or before July 31 of the year in which it was due to be made, a vacancy shall exist with respect to that appointment and the General Statutes Commission at its next meeting shall by majority vote fill the vacancy by appointment.
(e) All appointments shall be reported to the secretary of the Commission.
(f) Notwithstanding the expiration of the term of the appointment, the terms of members of the General Statutes Commission shall continue until the appointment of a successor has been made and reported to the secretary of the Commission."
SECTION 8.(b) The initial appointment by the dean of the school of law for Elon University shall be for the term ending May 31, 2010. The initial appointment by the dean of the Charlotte School of Law (NC), Inc., shall be for the term ending May 31, 2011.
SECTION 9. Section 5 of S.L. 2007-532 reads as rewritten:
"SECTION 5. Notwithstanding G.S. 143C-9-3(b)
and G.S. 147-86.30, of the funds credited to the Health Trust Account from
the Master Settlement Agreement pursuant to Section 6(2) of S.L. 1992Section
6(3) of S.L. 1999-2 during the 2008-2009 fiscal year, the sum of five
million dollars ($5,000,000) for the 2008-2009 fiscal year shall be transferred
from the Department of State Treasurer, Budget Code 23460 (Health and Wellness
Trust Fund) to the State Controller to be deposited in Nontax Budget Code
19978 (Intra State transfers) to support General Fund appropriations by the
2007 General Assembly, Regular Session 2008, for operations and claims of the North
Carolina Health Insurance Risk Pool, as enacted by this act."
SECTION 10.(a) Section 16.6 of S.L. 2007-550, as amended by Section 7 of S.L. 2008-208, as amended by Section 11.4 of S.L. 2008-198, reads as rewritten:
"SECTION 16.6.(a) Part 2E of Article 9 of Chapter 130A of the General Statutes, as enacted by Section 16.1(a) of this act, becomes effective as follows:
(1) G.S. 130A-309.90
becomes effective 1 JanuaryJuly 1, 2010.
(2) G.S. 130A-309.91
becomes effective 1 January July 1, 2010.
(3) G.S. 130A-309.92
becomes effective 1 January July 1, 2010.
(4) G.S. 130A-309.93(a)
becomes effective 1 January July 1, 2010.
(5) G.S. 130A-309.93(b)
becomes effective 1 January July 1, 2010.
(6) G.S. 130A-309.93(c)
becomes effective 1 January July 1, 2010.
(7) G.S. 130A-309.93(d)
becomes effective 1 January July 1, 2010.
(8) G.S. 130A-309.93(e)
becomes effective 1 January July 1, 2010.
(9) G.S. 130A-309.93(f)
becomes effective 1 January July 1, 2010.
(10) G.S. 130A-309.93(g)
becomes effective 1 February February 1, 2011.
(10a) G.S. 130A-309.93A(a) through (f)
become effective 1 January July 1, 2010.
(10b) G.S. 130A-309.93A(g) becomes
effective 1 OctoberOctober 1, 2011.
(10c) G.S. 130A-309.93B becomes
effective 1 January July 1, 2010.
(11) G.S. 130A-309.94
becomes effective 1 January July 1, 2010.
(12) G.S. 130A-309.95(1)
becomes effective 1 January July 1, 2010.
(13) G.S. 130A-309.95(2)
becomes effective 1 January July 1, 2010.
(14) G.S. 130A-309.95(3)
becomes effective 1 January July 1, 2010.
(14a) G.S. 130A-309.95(4) becomes effective July 1, 2010.
(15) G.S. 130A-309.96
becomes effective 1 January July 1, 2010.
(16) G.S. 130A-309.97
becomes effective 1 January July 1, 2010.
(17) G.S. 130A-309.98
becomes effective 15 January January 15, 2011.
"SECTION 16.6.(b) Section 16.2 of this act
becomes effective 1 January July 1, 2010. Sections 16.3 and 16.4
of this act become effective 1 January January 1, 2011. Section
16.5 of this act becomes effective 1 July July 1, 2010.
Subsection (b) of Section 16.1 of this act, Section 16.6 of this act, and any
other provision of Section 16 of this act for which an effective date is not
specified become effective 1 January July 1, 2010."
SECTION 10.(b) Section 8 of S.L. 2008-208 reads as rewritten:
"SECTION 8. Sections 3,
4, and 53 and 4 of this act become effective 1 January January
1, 2011. The remainder of this act becomes effective July 1, 2010. The
remainder of this act is effective when it becomes law."
SECTION 10.1. Section 5 of S.L. 2009-374 is amended by adding the following new subdivision:
"(6) Nothing in this act shall adversely affect the Commissioner of Banks' ability to bring and maintain any action or pursue any remedy that the Commissioner could have brought under Article 19A of Chapter 53 of the General Statutes, as repealed by Section 1 of this act, against any person for any acts or omissions in violation of Article 19A occurring on or before July 30, 2009."
SECTION 11. If House Bill 908, 2009 Regular Session, becomes law, G.S. 163-85(c)(10) as enacted by that bill reads as rewritten:
"(10) That the person presenting
himself to vote is not who he or she represents himself or
herself to be."
SECTION 12. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11th day of August, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 10:35 a.m. this 28th day of August, 2009