Bill Text: NC H1740 | 2010 | Regular Session | Amended
Bill Title: General Statutes Comm. Technical Corrections
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2010-07-08 - Ref To Com On Judiciary II [H1740 Detail]
Download: North_Carolina-2010-H1740-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 2
HOUSE BILL 1740*
Committee Substitute Favorable 7/7/10
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Short Title: General Statutes Comm. Technical Corrections. |
(Public) |
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Sponsors: |
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Referred to: |
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May 18, 2010
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the general statutes as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑809 reads as rewritten:
"§ 7A‑809. Reports.
The Conference of Clerks of Superior Court shall, in
consultation with the registers of deeds, annually study the status of the
individual counties and judicial districts as to whether or not the clerks of
superior court or the registers of deeds are implementing Session Laws 2009‑355
G.S. 132‑1.10(f1) and report results of the study to the
Joint Legislative Commission on Governmental Operations on or before March 1 of
each year."
SECTION 2. G.S. 15‑203 reads as rewritten:
"§ 15‑203. Duties of the Secretary of Correction; appointment of probation officers; reports; requests for extradition.
The Secretary of Correction shall direct the work of the
probation officers appointed under this Article. He The Secretary shall
consult and cooperate with the courts and institutions in the development of
methods and procedure in the administration of probation, and shall arrange
conferences of probation officers and judges. He The Secretary shall
make an annual written report with statistical and other information to the
Department of Correction and the Governor. He The Secretary is
authorized to present to the Governor written applications for requisitions for
the return of probationers who have broken the terms of their probation, and
are believed to be in another state, and he the Secretary shall
follow the procedure outlined for requests for extradition as set forth in G.S. 15‑77.
G.S. 15A‑743."
SECTION 3. G.S. 15A‑534(h) reads as rewritten:
"(h) A bail bond posted pursuant to this section is effective and binding upon the obligor throughout all stages of the proceeding in the trial division of the General Court of Justice until the entry of judgment in the district court from which no appeal is taken or the entry of judgment in the superior court. The obligation of an obligor, however, is terminated at an earlier time if:
(1) A judge authorized to do so releases the obligor from his bond; or
(2) The principal is surrendered by a surety in accordance with G.S. 15A‑540; or
(3) The proceeding is terminated by voluntary dismissal
by the State before forfeiture is ordered under G.S. 15A‑544(b); G.S. 15A‑544.3;
or
(4) Prayer for judgment has been continued indefinitely in the district court."
SECTION 4. G.S. 15A‑1230(b) reads as rewritten:
"(b) Length, number, and order of arguments
allotted to the parties are governed by G.S. 84‑14. G.S. 7A‑97."
SECTION 5. G.S. 15A‑1342(e) reads as rewritten:
"(e) Out‑of‑State Supervision. –
Supervised probationers are subject to out‑of‑State supervision
under the provisions of G.S. 148‑65.1.Article 4B of
Chapter 148 of the General Statutes."
SECTION 6. G.S. 15A‑1383(d) reads as rewritten:
"(d) Plans prepared under this Article are not "rules"
within the meaning of Chapter 150B of the General Statutes or within the
meaning of Article 6C of Chapter 120 of the General Statutes.Statutes."
SECTION 7. G.S. 20‑183.7(f)(5) reads as rewritten:
"(5) A statement that a vehicle that fails an
inspection may be reinspected at the same station within 3060
days of the inspection without payment of another inspection fee."
SECTION 8. The catchline of G.S. 36C‑3‑302 reads as rewritten:
"§ 36C‑3‑302.
Representation by holder of power of revocation or general testamentary
power of appointment."
SECTION 9. G.S. 41‑2(b) reads as rewritten:
"(b) The interests of the grantees holding property in joint tenancy with right of survivorship shall be deemed to be equal unless otherwise specified in the conveyance. Any joint tenancy interest held by a husband and wife, unless otherwise specified, shall be deemed to be held as a single tenancy by the entirety, which shall be treated as a single party when determining interests in the joint tenancy with right of survivorship. If joint tenancy interests among three or more joint tenants holding property in joint tenancy with right of survivorship are held in unequal shares, upon the death of one joint tenant, the share of the deceased joint tenant shall be divided among the surviving joint tenants according to their respective pro rata interest and not equally, unless the creating instrument provides otherwise.
This subsection shall apply to any conveyance of an interest
in property created at any time that explicitly sought to create unequal
ownership interests in a joint tenancy with right of survivorship.
Distributions made prior to the enactment of this subsection that were made in
equal amounts from a joint tenancy with the right of survivorship that sought
to create unequal ownership shares shall remain valid and shall not be subject
to modification on the basis of this act.subsection."
SECTION 10. G.S. 58‑71‑75 reads as rewritten:
"§ 58‑71‑75. License renewal; criminal history record checks; renewal fees.
(a) Annual Renewal. – A license of a bail bondsman and a license of a runner shall be renewed on July 1 of each year upon payment of the applicable annual renewal fee. In even‑numbered years, in addition to paying the annual renewal fee, an applicant seeking renewal must submit an application for renewal in accordance with this section. The Commissioner is not required to print renewal licenses.
(b) Renewal Application. – In even‑numbered years, a bail bondsman or runner seeking to renew a license shall provide the Commissioner, not less than 30 days prior to the expiration date of the bail bondsman's or runner's current license, all of the following:
(1) A renewal application containing all of the following:
a. Proof that the applicant is a resident of this State as required by G.S. 58‑71‑50(c).
b. Proof that the applicant meets the qualifications set out in G.S. 58‑71‑50(b)(5) through G.S. 58‑71‑50(b)(7).
c. The information required by G.S. 58‑2‑69.
(2) The annual renewal fee as provided in subsection
(c) subsection (d) of this section.
(3) A complete set of fingerprints of the bail bondsman or runner and a fee to cover the cost of conducting the criminal history record check. The fingerprints shall be submitted in the manner prescribed by the Commissioner and shall be certified by an authorized law enforcement officer.
(c) Criminal History Record Check. – Upon receipt of a license renewal application in an even‑numbered year, the Commissioner shall conduct a criminal history record check of the applicant seeking renewal in accordance with G.S. 58‑71‑51.
(d) Fee. – The renewal fee for a runner's license is sixty dollars ($60.00). The renewal fee for a bail bondsman's license is one hundred dollars ($100.00). A renewed license continues in effect until suspended or revoked for cause."
SECTION 11. The introductory language of G.S. 58‑89A‑106(a) reads as rewritten:
"(a) In order for a licensee to sponsor and
maintain a health benefit plan that is not fully insured by one or more of the
entities specified in subsection (a) of G.S. 58‑89A‑109 G.S. 58‑89A‑105
on and after October 1, 2009, as authorized by subsection (e) of that
section, the licensee shall meet all of the requirements listed in this
subsection. A health benefit plan developed under this section is not required
to provide coverage that meets the requirements of other provisions of this
Chapter that mandate either coverage or the offer of coverage by the type or
level of health care services or health care provider. The licensee shall:"
SECTION 12. G.S. 113‑28 is repealed.
SECTION 13. G.S. 115C‑102.6B(b) reads as rewritten:
"(b) The Board shall submit the plan to the State Chief Information Officer for approval of the technical components of the plan set out in G.S. 115C‑102.6A(1) through (4). At least one‑fourth of the members of any technical committee that reviews the plan for the State Chief Information Officer shall be people actively involved in primary or secondary education.
G.S. 115C‑102.6A(c)(1) through (17)
The Board shall report annually by February 1 of each year to the Joint Legislative Education Oversight Committee on the status of the State School Technology Plan."
SECTION 14. G.S. 115D‑5.1(f1) reads as rewritten:
"(f1) Notwithstanding any other provision of law,
the State Board of Community Colleges may adopt guidelines that allow the
Customized Training Program to use funds appropriated for those programs that
program to support training projects for the various branches of the United
States Armed Forces."
SECTION 15. G.S. 120‑29.1 reads as rewritten:
"§ 120‑29.1. Approval of bills.
(a) If the Governor approves a bill, the Governor shall write upon the same, below the signatures of the presiding officers of the two houses, the fact, date, and time of approval, as follows: "Approved ________.m. this ________ day of ________, ________ " and shall sign the same as follows: "________ Governor". The Governor shall then return the approved bill to the enrolling clerk.
(b) If any bill becomes law because of the failure of
the Governor to take any action, it shall be the duty of the Governor to return
the measure to the enrolling clerk, who shall sign the following certificate on
the measure and deposit it with the Secretary of State: "This bill having
been presented to the Governor for his signature on the ________ day of
________, ________ and the Governor having failed to approve it within the time
prescribed by law, the same is hereby declared to have become a law.
This ________ day of ________, ________, ________ Enrolling Clerk".
(c) If the Governor returns any bill to the house of
origin with his objections, the Governor shall write such objections on
the measure or cause the objections to be attached to the measure. When any
such bill becomes law after reconsideration of the two houses, the principal
clerk of the second house to act shall, below the objections of the Governor,
sign the following certificate: "Became law notwithstanding the objections
of the Governor, ________.m. this ________ day of ________, ________". The
principal clerk of the second house to act shall fill in the time. The
enrolling clerk shall deposit the measure with the Secretary of State.
(d) In calculating the period under Section 22(7) of Article II of the North Carolina Constitution, the day on which the bill is presented to the Governor shall be excluded and the entire last day of the period is included."
SECTION 16. G.S. 143B‑499.8 reads as rewritten:
"§ 143B‑499.8. North Carolina Silver Alert System established.
(a) There is established within the North Carolina Center for Missing Persons the Silver Alert System. The purpose of the Silver Alert System is to provide a statewide system for the rapid dissemination of information regarding a missing person or missing child who is believed to be suffering from dementia or other cognitive impairment.
(b) If the Center receives a report that involves a
missing person or missing child who is believed to be suffering from
dementia or other cognitive impairment, for the protection of the missing
person or missing child from potential abuse or other physical harm,
neglect, or exploitation, the Center shall issue an alert providing for rapid dissemination
of information statewide regarding the missing person. person or
missing child. The Center shall make every effort to disseminate the
information as quickly as possible when the person's or child's status
as missing has been reported to a law enforcement agency.
(c) The Center shall adopt guidelines and develop procedures for issuing an alert for missing persons and missing children believed to be suffering from dementia or other cognitive impairment and shall provide education and training to encourage radio and television broadcasters to participate in the alert. The guidelines and procedures shall ensure that specific health information about the missing person or missing child is not made public through the alert or otherwise.
(d) The Center shall consult with the Department of
Transportation and develop a procedure for the use of overhead permanent
changeable message signs to provide information on the missing person or
missing child meeting the criteria of this section when information is available
that would enable motorists to assist in the recovery of the missing person.
person or missing child. The Center and the Department of
Transportation shall develop guidelines for the content, length, and frequency
of any message to be placed on an overhead permanent changeable message sign."
SECTION 17. G.S. 143C‑8‑6 reads as rewritten:
"§ 143C‑8‑6. Recommendations for capital improvements set forth in the Recommended State Budget.
(a) Budget Director's Recommendations. – The Director of the Budget shall recommend expenditures for repairs and renovations of existing facilities, and real property acquisition, new construction, or rehabilitation of existing facilities in the Recommended State Budget in accordance with G.S. 143C‑3‑5.
(b) Repairs and Renovations in the Recommended State Budget. – The Recommended State Budget shall contain for repairs and renovations of existing facilities: (i) the amount recommended for each State agency, (ii) a summary of the recommendations by project type, and (iii) the means of financing.
(c) Repairs and Renovations in the Budget Support
Document. – The Budget Support Document shall contain for each repair and
renovation project recommended in accordance with 143C‑8‑6(b): subsection
(b) of this section: (i) a project description and justification, (ii) a
detailed cost estimate, (iii) an estimated schedule for the completion of the
project, and (iv) an explanation of the means of financing.
(d) Other Capital Projects in the Recommended State Budget. – The Recommended State Budget shall contain for each capital project involving real property acquisition, new construction, building area (sq. ft.) expansions, or the rehabilitation of existing facilities to accommodate new or expanded uses: (i) a project description and statement of need, (ii) an estimate of acquisition and construction or rehabilitation costs, and (iii) a means of financing the project.
(e) Other Capital Projects in the Budget Support
Document. – The Budget Support Document shall contain for each capital project
recommended in accordance with 143C‑8‑6(c): subsection
(d) of this section: (i) a detailed project description and justification,
(ii) a detailed estimate of acquisition, planning, design, site development,
construction, contingency and other related costs, (iii) an estimated schedule
of cash flow requirements over the life of the project, (iv) an estimated
schedule for the completion of the project, (v) an estimate of maintenance and
operating costs, including personnel, for the project, covering the first five
years of operation, (vi) an estimate of revenues, if any, likely to be derived
from the project, covering the first five years of operation, and (vii) an
explanation of the means of financing."
SECTION 18. G.S. 163‑85(c) reads as rewritten:
"(c) Grounds for Challenge. – Such challenge may be made only for one or more of the following reasons:
(1) That a person is not a resident of the State of North Carolina, or
(2) That a person is not a resident of the county in which the person is registered, provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days, or
(3) That a person is not a resident of the precinct in which the person is registered, provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days, or
(4) That a person is not 18 years of age, or if the challenge is made within 60 days before a primary, that the person will not be 18 years of age by the next general election, or
(5) That a person has been adjudged guilty of a felony and is ineligible to vote under G.S. 163‑55(2), or
(6), (7) Repealed by Session Laws 1985, c. 563, ss. 11.1, 11.2.
(7a) That a person is dead, or
(8) That a person is not a citizen of the United States, or
(9) With respect to municipal registration only, that a person is not a resident of the municipality in which the person is registered, or
(10) That the person is not who he or she represents himself or herself to be."
SECTION 19. The introductory language of G.S. 163‑182 reads as rewritten:
"In addition to the definitions stated below, the
definitions set forth in Article 13A Article 14A of Chapter 163
of the General Statutes also apply to this Article. As used in this Article,
the following definitions apply:"
SECTION 20. The introductory language of Section 1 of S.L. 2009‑129 reads as rewritten:
"SECTION 1. G.S. 120‑29(2) G.S. 120‑129(2)
reads as rewritten:"
SECTION 21. Due to the amendment to G.S. 143‑345.18 by Section 1(b) of S.L. 2009‑446, designating the Department of Commerce as the lead State agency in matters pertaining to energy efficiency in place of the Department of Administration, the Revisor of Statutes is authorized to recodify Part 3 of Article 36 of Chapter 143 of the General Statutes to a more suitable location.
SECTION 22. The Revisor of Statutes may cause to be printed all explanatory comments of the drafters of S.L. 2009‑222, 2009‑267, and 2009‑318 as the Revisor deems appropriate.
SECTION 23. This act is effective when it becomes law.
