Bill Text: NC S1242 | 2010 | Regular Session | Amended
Bill Title: Clarifying Changes to Gen. Statutes
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: (Passed) 2010-07-20 - Ch. SL 2010-97 [S1242 Detail]
Download: North_Carolina-2010-S1242-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 4
SENATE BILL 1242*
Corrected Copy 5/21/10
House Committee Substitute Favorable 7/8/10
House Committee Substitute #2 Favorable 7/9/10
Short Title: Clarifying Changes to the Gen. Statutes. |
(Public) |
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Sponsors: |
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Referred to: |
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May 20, 2010
A BILL TO BE ENTITLED
AN ACT to make various clarifying changes to the general statutes and The session lawS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1‑398 reads as rewritten:
"§ 1‑398. Filing time enlarged.
The time for filing the complaint, petition, or any pleading
may be enlarged by the court for good cause shown by affidavit,shown,
but may not be enlarged by more than 10 additional days, days or
30 additional days for partitions, nor more than once, unless the default
was occasioned by accident over which the party applying had no control, or by
the fraud of the opposing party."
SECTION 2. G.S. 20‑179(p) reads as rewritten:
"(p) Limit on Amelioration of Punishment. – For active terms of imprisonment imposed under this section:
(1) The judge may not give credit to the defendant for the first 24 hours of time spent in incarceration pending trial.
(2) The defendant shall serve the mandatory minimum period of imprisonment and good or gain time credit may not be used to reduce that mandatory minimum period.
(3) The defendant may not be released on parole unless
he is otherwise eligible, has served the mandatory minimum period of
imprisonment, and has obtained a substance abuse assessment and completed any
recommended treatment or training program.program or is paroled into
a residential treatment program.
With respect to the minimum or specific term of imprisonment imposed as a condition of special probation under this section, the judge may not give credit to the defendant for the first 24 hours of time spent in incarceration pending trial."
SECTION 3. G.S. 20‑183.4C reads as rewritten:
"§ 20‑183.4C.
When a vehicle must be inspected; three‑day10‑day
trip permit.
(a) Inspection. – A vehicle that is subject to a safety inspection, an emissions inspection, or both must be inspected as follows:
(1) A new vehicle must be inspected before it is sold at retail in this State. Upon purchase, a receipt approved by the Division must be provided to the new owner certifying compliance.
(1a) A new motor vehicle dealer who is also licensed pursuant to this Article may, notwithstanding subdivision (1) of this section, examine the safety and emissions control devices on a new motor vehicle and perform such services necessary to ensure the motor vehicle conforms to the required specifications established by the manufacturer and contained in its predelivery check list. The completion of the predelivery inspection procedure required or recommended by the manufacturer on a new motor vehicle shall constitute the inspection required by subdivision (1) of this section. For the purposes of this subdivision, the date of inspection shall be deemed to be the date of the sale of the motor vehicle to a purchaser.
(2) A used vehicle must be inspected before it is offered for sale at retail in this State by a dealer. Upon purchase, a receipt approved by the Division must be provided to the new owner certifying compliance.
(3) Repealed by Session Law 2007‑503, s. 5, effective October 1, 2008.
(4) Except as authorized by the Commissioner for a single period of time not to exceed 12 months from the initial date of registration, a new or used vehicle acquired by a resident of this State from outside the State must be inspected before the vehicle is registered with the Division.
(5) Except as authorized by the Commissioner for a single period of time not to exceed 12 months from the initial date of registration, a vehicle owned by a new resident of this State who transfers the registration of the vehicle from the resident's former home state to this State must be inspected before the vehicle is registered with the Division.
(5a) Repealed by Session Law 2007‑503, s. 5, effective October 1, 2008.
(6) A vehicle that has been inspected in accordance with this Part must be inspected by the last day of the month in which the registration on the vehicle expires.
(7) A vehicle that is required to be inspected in accordance with this Part may be inspected 90 days prior to midnight of the last day of the month as designated by the vehicle registration sticker.
(8) A new or used vehicle acquired from a retailer or
a private sale in this State and registered with the Division with a new
registration or a transferred registration must be inspected in accordance with
this Part when the current registration expires.expires unless it has
received a passing inspection within the previous 12 months.
(9) A used vehicle acquired from a private
sale in this State must be inspected in accordance with this Part before the
vehicle is registered with the Division unless it has received a passing
inspection within the previous 12 months.
(10) An unregistered vehicle must be inspected before
the vehicle ismay be registered with the Division unless it has
received a passing inspection within the previous 12 months.in accordance
with G.S. 20‑50(b) for a period not to exceed 10 days prior to the
vehicle receiving a passing inspection in accordance with this Part.
(11) A person who owns a vehicle located outside of this State when its emissions inspection becomes due may obtain an emissions inspection in the jurisdiction where the vehicle is located, in lieu of a North Carolina emissions inspection, as long as the inspection meets the requirements of 40 C.F.R. § 51.
(b) Permit. – The Division may issue a three‑day10‑day
trip permit to a person that authorizes the person to drive a vehicle whose
inspection authorization or registration has expired. The permit may only be
issued when the person has furnished proof of financial responsibility. The
permit must describe the vehicle whose inspection authorization or registration
has expired. The permit authorizes the person to drive the described vehicle
for a period not to exceed 10 days from the date of issuance. only from
the place the vehicle is parked to an inspection station, repair shop, or
Division or contract agent registration office.
The Division may issue a 10‑day temporary permit to
a person that authorizes the person to drive a vehicle that failed to pass the
emissions inspection. The permit must describe the vehicle that failed to pass
inspection and the date that it failed to pass inspection.
(c) Exemption. – The Division may issue a temporary exemption from the inspection requirements of this Article for any vehicle that has been determined by the Division to be principally garaged, as defined under G.S. 58‑37‑1(11), in this State and is primarily operated outside a county subject to emissions inspection requirements or outside of this State."
SECTION 4. G.S. 20‑382(c) reads as rewritten:
"(c) Trip Permit. – A motor carrier that is not
registered as required by this section may obtain an emergency trip permit
by filing an application for it with the Division.permit. An
emergency trip permit allows the motor carrier to operate a for‑hire
motor vehicle in this State for a period not to exceed 10 days."
SECTION 5.(a) G.S. 36C‑4‑401.2 reads as rewritten:
"§ 36C‑4‑401.2.
Trust pursuant to 46 U.S.C § 1396p(d)(4).Creation of trust by a
court.
Any interested party may petition the court, in accordance
with the provisions of this Chapter, to establish a trust pursuant to section
1396p(d)(4) of Title 42 of the United States Code. This section is not the
exclusive method of establishing a trust pursuant to section 1396p(d)(4) of
Title 42 of the United States Code; and the court shall maintain its authority
to create or establish any trust, including a trust pursuant to section
1396p(d)(4) of Title 42 of the United States Code, by means of judgment, order,
or decree in any matter properly before the court.A court may create or
establish a trust by judgment or decree, including a trust pursuant to section
1396p(d)(4) of Title 42 of the United States Code, upon petition of an
interested party in accordance with the provisions of this Chapter or in any
other matter properly before the court."
SECTION 5.(b) G.S. 36C‑8‑816.1(c)(7) reads as rewritten:
"(7) If the power to distribute principal or
income in the original trust is subject to an ascertainable standard, If
a trustee of an original trust exercises a power to distribute principal or
income that is subject to an ascertainable standard by appointing property to a
second trust, then the power to distribute income or principal in the
second trust must be subject to the same ascertainable standard as in the
original trust and must be exercisable in favor of the same current
beneficiaries as to whom such distribution could be made in the
original trust."
SECTION 6.(a) G.S. 42‑42(7) reads as rewritten:
"(7) Provide a minimum of one operable carbon
monoxide detector per rental unit per level, either battery‑operated or
electrical, that is listed by a nationally recognized testing laboratory that
is OSHA‑approved to test and certify to American National Standards
Institute/Underwriters Laboratories Standards ANSI/UL2034 or ANSI/UL2075, and
install the carbon monoxide detectors in accordance with either the standards
of the National Fire Protection Association or the minimum protection
designated in the manufacturer's instructions, which the landlord shall retain
or provide as proof of compliance. A landlord that installs one carbon monoxide
detector per rental unit per level shall be deemed to be in compliance with
standards under this subdivision covering the location and number of detectors.
The landlord shall replace or repair the carbon monoxide detectors within 15
days of receipt of notification if the landlord is notified of needed
replacement or repairs in writing by the tenant. The landlord shall ensure that
a carbon monoxide detector is operable and in good repair at the beginning of
each tenancy. Unless the landlord and the tenant have a written agreement to
the contrary, the landlord shall place new batteries in a battery‑operated
carbon monoxide detector at the beginning of a tenancy, and the tenant shall
replace the batteries as needed during the tenancy. Failure of the tenant to
replace the batteries as needed shall not be considered as negligence on the
part of the tenant or the landlord. A carbon monoxide detector may be combined
with smoke detectors if the combined detector does both of the following: (i)
complies with ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms and
ANSI/UL217 for smoke detectors; and (ii) emits an alarm in a manner that
clearly differentiates between detecting the presence of carbon monoxide and
the presence of smoke. This subdivision applies only to dwelling units having a
fossil‑fuel burning heater orheater, appliance, or fireplace,
or and in any dwelling unit having an attached garage. Any
operable carbon monoxide detector installed before January 1, 2010, shall be
deemed to be in compliance with this subdivision."
SECTION 6.(b) G.S. 143‑138(b2) reads as rewritten:
"(b2) The Code may contain provisions requiring the
installation of either battery‑operated or electrical carbon monoxide detectors
in every dwelling unit having a fossil‑fuel burning heater or heater,
appliance, or fireplace, or and in any dwelling unit
having an attached garage. Carbon monoxide detectors shall be those listed
by a nationally recognized testing laboratory that is OSHA‑approved to
test and certify to American National Standards Institute/Underwriters
Laboratories Standards ANSI/UL2034 or ANSI/UL2075 and shall be installed in
accordance with either the standard of the National Fire Protection Association
or the minimum protection designated in the manufacturer's instructions, which
the property owner shall retain or provide as proof of compliance. A carbon
monoxide detector may be combined with smoke detectors if the combined detector
does both of the following: (i) complies with ANSI/UL2034 or ANSI/UL2075 for
carbon monoxide alarms and ANSI/UL217 for smoke detectors; and (ii) emits an
alarm in a manner that clearly differentiates between detecting the presence
of carbon monoxide and the presence of smoke."
SECTION 7. G.S. 58‑3‑285(a) reads as rewritten:
"(a) Every health benefit plan, including the State Health Plan for Teachers and State Employees, shall provide coverage for one hearing aid per hearing‑impaired ear up to two thousand five hundred dollars ($2,500) per hearing aid every 36 months for covered individuals under the age of 22 years subject to subsection (b) of this section. The coverage shall include all medically necessary hearing aids and services that are ordered by a physician or an audiologist licensed in this State. Only those persons authorized by law to fit hearing aids, including individuals licensed under Chapter 93D of the General Statutes, are eligible to fit a hearing aid under this section. Coverage shall be as follows:
(1) Initial hearing aids and replacement hearing aids not more frequently than every 36 months.
(2) A new hearing aid when alterations to the existing hearing aid cannot adequately meet the needs of the covered individual.
(3) Services, including the initial hearing aid evaluation, fitting, and adjustments, and supplies, including ear molds."
SECTION 8. G.S. 93B‑9 reads as rewritten:
"§ 93B‑9. Age requirements.
Any other provision notwithstanding, no No occupational
licensing board may require that an individual be more than 18 years of age as
a requirement for receiving a license.license with the following
exceptions: the North Carolina Criminal Justice Education and Training
Standards Commission and the North Carolina Sheriffs' Education and Training
Standards Commission may establish a higher age as a requirement for holding
certification through either Commission."
SECTION 9. G.S. 95‑25.5(n) reads as rewritten:
"(n) Nothing in this section prohibits qualified
youths under 18 years of age from participating in training through their fire
department, the Office of State Fire Marshal, or the North Carolina Community
College System. As used in this subsection, the term "qualified youth
under 18 years of age" means an uncompensated fire department or rescue
squad member who is over at least the age of 15 and under the age
of 18 and who is a member of a bona fide fire department, as that term is
defined in G.S. 58‑86‑25, or of a rescue squad described in G.S. 58‑86‑30."
SECTION 10. G.S. 116B‑62(f) reads as rewritten:
"(f) Notwithstanding the provisions of Chapter 132
of the General Statutes, the any supporting data anddata,
including aging reports, or lists of apparent owners of unclaimed property
held by a clerk of superior court or any other office of State or local government
may be confidential but shall be disclosed to the Treasurer in accordance with
the reporting of escheated and abandoned property. The supporting data and
lists of apparent owners of escheated and abandoned property held by the
Treasurer may be confidential until six 12 months after the list
to the clerks of superior court required by subsection (b) of this section has
been distributed. This subsection shall not apply to owners of reported
property making inquiries about their property to the Escheat Fund."
SECTION 11. Article 36A of Chapter 143 of the General Statutes reads as rewritten:
"Article 36A.
"State Employee Incentive Bonus Suggestion
Program (NC‑Thinks).
"§ 143‑345.20. Definitions.
The following definitions apply in this Article:
(1) Baseline reversion. – The two‑year historical average of reversions by a State department, agency, or institution.
(2) Repealed by Session Laws 2001‑424, s. 7.2(b).
(2a) Participating agency. – Any State department,
agency, or institution, or any local school administrative unit that employs
State employees eligible to participate in the State Employee Incentive
Bonus Program.NC‑Thinks. The term includes the North Carolina
Community Colleges System, The University of North Carolina and its constituent
institutions, and charter schools. The term does not include federal or local
government agencies.
(2b) SEIBP. NC‑Thinks. – Acronym
for theThe State Employee Incentive BonusSuggestion
Program.
(3) State employee. – Any of the following:
a. A person who is a contributing member of the Teachers' and State Employees' Retirement System of North Carolina, the Consolidated Judicial Retirement System of North Carolina, or the Optional Program.
b. A person who receives wages from the State as a part‑time or temporary worker, but is not otherwise a contributing member of one of the retirement programs listed in sub‑subdivision a. of this subdivision.
"§ 143‑345.21.
State employee incentive bonus.suggestion program.
(a) A State employee or team of State employees may receive an incentive bonus or bonuses in reward for suggestions or innovations resulting in monetary savings to the State, increased revenues to the State, or improved quality of services delivered to the public.
(b) Repealed by Session Laws 2001‑424, s. 7.2(c).
(b1) The amount of savings generated by suggestions and innovations shall be determined after a 12‑month period of implementation. No incentive bonus shall be paid prior to the expiration of 12 months, and payment may be delayed further as reasonably required to ensure that a complete cost implementation cycle is evaluated fully.
(c) Any savings are to be calculated using the actual
expenditures for a program, activity, or service compared to the budgeted
amount for the same, if an amount has been budgeted for the program, activity,
or service. The savings calculation shall include the amount of any reversions
in excess of the baseline reversion. Any savings realized through the State
Employee Incentive Bonus ProgramNC‑Thinks shall be weighed
against continued service to the public and the assurance that there is not a
negative impact on State programs.
(d) If a suggestion or innovation affects a program, activity, or service for which no separate budgeted amount has been made, the State Coordinator, in conjunction with the agency evaluator or agency fiscal officer, or both for that suggestion or innovation, shall determine the budgetary impact of the suggestion or innovation.
(e) Federal and local government funds and corporate
and foundation grant funds are excluded from the SEIBP.NC‑Thinks.
(f) The Department of Administration shall establish
the SEIBP NC‑Thinks reserve fund in which all savings for
all suggestions shall be deposited as earned. Each participating agency shall
be responsible for transferring savings to the SEIBPNC‑Thinks reserve
fund. The funds may be encumbered as needed to ensure payment to the General
Fund, to the suggester, and for distribution as required by G.S. 143‑345.22.
The Department of Administration shall provide the SEIBP NC‑Thinks
reserve fund summary at the close of each fiscal year to the Office of
State Budget and Management and to the participating agencies. The Office of
State Budget and Management shall have oversight responsibility for ensuring
that the required reversions and transfers are made to the General Fund, and
that all encumbered funds are accounted for and paid as required by law.
(g) No distribution of suggester awards shall occur until reversion requirements to the General Fund are met and distributions as required by G.S. 143‑345.22 are satisfied and verified by the Office of State Budget and Management. When all of the requirements of G.S. 143‑345.22 are fulfilled, the Department of Administration shall transfer to the suggester's agency funds required to award the suggester. The suggester's agency shall make the suggestion award and ensure that all taxes and withholding requirements are met.
(h) Implementation costs may be prorated over a maximum of three years for suggestions or innovations that are capital intensive, involve leading‑edge technology, or involve unconventional processes that require longer than 12 months for implementation. The amount of the average annual savings minus the average annual implementation cost shall be used as the basis for the agency to recommend a suggester award. The State Suggestion Review Committee shall consult the Office of State Budget and Management to make the final award determination in these cases.
(i) There is established in the Department of
Administration a nonreverting fund to be administered by the Office of State
Personnel for the training and education of permanent State employees to
address specific mission critical needs and objectives. Funds shall be credited
from the SEIBPNC‑Thinks to the fund as provided by this
Article.
"§ 143‑345.22. Allocation of incentive bonus funds; nonmonetary recognition.
(a) If a State employee's suggestion or innovation results in a monetary savings or increased revenue to the State, the funds saved or increased shall be distributed according to the following scale or subject to guidelines as set forth by the funding source:
(1) Twenty percent (20%) of the annualized savings or increased revenues, up to a maximum of twenty thousand dollars ($20,000) for any one State employee, to constitute gainsharing. If a team of State employees is the suggester, the bonus provided in this subdivision shall be divided equally among the team members, except that no team member shall receive in excess of twenty thousand dollars ($20,000), nor shall the team receive an aggregate amount in excess of one hundred thousand dollars ($100,000). These funds shall not revert.
(2) Thirty percent (30%) allocated as follows:
a. Ten percent (10%) to the implementing agency for nonrecurring budget items to be used (i) by the implementing agency to provide equipment, supplies, training, and limited but appropriate recognition for the division, section, or group responsible for the implementation of the cost‑saving measure and (ii) to meet other similar needs within the agency.
b. Ten percent (10%) to the Department of
Administration for augmenting funding for the management and administration of the
SEIBP.NC‑Thinks. These funds shall not revert.
c. Ten percent (10%) to the State employee education and training fund administered by the Office of State Personnel under G.S. 143‑342.21(i). These funds shall not revert.
(3) The remainder to the General Fund for nonrecurring budget items.
(a1) Of the pool of funds identified in subsection (a)
of this section, only the General Fund appropriations shall be subject to
reversion, except during declared budget emergencies. Under nonemergency budget
conditions, SEIBP NC‑Thinks funds arising from savings at
The University of North Carolina, the North Carolina Community Colleges System,
the Highway Trust Fund, enterprise funds, and receipt‑supported
organizations shall be exempt from the General Fund reversion requirements.
(b) The budget of a State agency shall not be reduced
in the following fiscal year by an amount similar to the monetary savings or
increased revenues realized by the State Employee Incentive Bonus Program.NC‑Thinks.
The agency budget shall be reduced in subsequent years only if structural or
organizational changes are made that warrant the reductions, including the
transfer of responsibility for an activity or service to another agency or the
elimination of some function of State government.
(c) If a suggestion or innovation results in improved quality of services to the public or to other State agencies, departments, and institutions, but not in monetary savings to the State, the suggester shall receive a nonmonetary award in the form of a certificate, leave with pay, or other similar recognition.
"§ 143‑345.23. Suggestion and review process; role of agency coordinator and agency evaluator.
(a) The process for a State employee or team of State employees to submit a cost‑saving or revenue‑increasing proposal shall begin with the employee or team of employees submitting the suggestion or innovation to an agency coordinator. The agency coordinator, in conjunction with an agency evaluator, shall review the suggestion or innovation for submission to the State Review Committee established in G.S. 143‑345.24.
(b) An agency coordinator shall be appointed by the
head of each participating agency to serve as liaison between the agency, the
suggester, the agency evaluator, and the SEIBP NC‑Thinks office.
The duties of the agency coordinator shall include:
(1) Serving as an information source and maintaining sufficient forms necessary to submit suggestions.
(2) Presenting, in conjunction with the agency evaluator, the recommendation for an award to the State Suggestion Review Committee.
(3) Working in conjunction with the agency evaluator to process a particular suggestion or innovation within 180 days, except when there are extenuating circumstances.
An agency may have more than one coordinator if required to provide sufficient services to State employees.
(c) An agency evaluator shall be designated by the management of the implementing agency to evaluate one or more suggestions. The duties of an agency evaluator shall include:
(1) Receiving from the agency coordinator and reviewing within 90 days, when possible, the feasibility and effectiveness of cost‑saving or revenue‑increasing measures suggested by State employees.
(2) Being knowledgeable of the subject program, activity, or service.
(3) Determining, in conjunction with the agency fiscal officer, the budgetary impact of a suggestion or innovation.
(4) Judging impartially both the positive and negative effects of a suggestion or innovation on the current functions of the subject program, activity, or service.
(d) The executive secretary shall be responsible for
general oversight and coordination of the State Employee Incentive Bonus
Program.NC‑Thinks. The State coordinator shall be an employee
of the Department of Administration. The State coordinator shall be responsible
for day‑to‑day SEIBP NC‑Thinks program
management and administration of the technical aspects of the program. The
State coordinator shall be an ex officio voting member of the State
Suggestion Review Committee.
"§ 143‑345.24.
Incentive BonusState Suggestion Review Committee.
(a) The Incentive BonusState Suggestion
Review Committee, hereinafter "State Review Committee",Committee
shall consist of nine members, as follows:
(1) The State Coordinator.
(2) A representative of the Office of State Budget and Management.
(3) A representative of the Office of State Personnel.
(4) A representative of The University of North Carolina.
(5) A representative of the Department of Justice.
(6) A representative of the Department of Labor.
(7) One State employee appointed by the Speaker of the House of Representatives.
(8) One State employee appointed by the President Pro Tempore of the Senate.
(9) One State employee appointed by the Governor upon the recommendation of the State Employees Association of North Carolina, Inc.
(b) The duties of the State Suggestion Review Committee shall include:
(1) Receiving from the various agency coordinators recommendations on suggestions and innovations.
(2) Determining the impact of a suggestion or innovation on State government services by judging the monetary savings, increased revenues, or improved quality of services generated by a suggestion or innovation.
(3) Ensuring that the State employee incentive bonus process does not result in a negative impact on services provided to taxpayers by State government.
(c) All administrative, management, clerical, and
other functions and services required by the State Review Committee shall be
supplied by the Department of Administration. The Department of Administration
and the State Review Committee shall report annually to the Joint Legislative
Commission on Governmental Operations on the administration of the State
Employee Incentive Bonus Program. NC‑Thinks.
"§ 143‑345.25. Innovations deemed property of the State; effect of decisions regarding bonuses.
(a) All suggestions or innovations submitted by State
employees pursuant to this Article are the property of the State, and all
related intellectual property rights shall be assigned to the State. By January
1, 2002, the Office of State Personnel shall establish a policy regarding
intellectual property rights that arise from the SEIBP.NC‑Thinks.
(b) Decisions regarding the award of bonuses by the agency coordinator and the State Suggestion Review Committee are final and are not subject to review under the contested case procedures of Chapter 150B of the General Statutes."
SECTION 12. G.S. 162‑62 reads as rewritten:
"§ 162‑62. Legal status of prisoners.
(a) When any person charged with a felony or an impaired driving offense is confined for any period in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both.
(b) If the administrator or other person in charge of
the facility is unable to determine if that prisoner is a legal resident or
citizen of the United States or its territories, the administrator or other
person in charge of the facility holding the prisoner, where possible, shall
make a query through the Division of Criminal Information (DCI) system to
the Law Enforcement Support Center (LESC) of Immigration and Customs
Enforcement of the United States Department of Homeland Security. If the
LESC determines that the prisoner has not been lawfully admitted to the
United States, the United States Department of Homeland Security will have been
notified of the prisoner's status and confinement at the facility by its
receipt of the DCI query from the facility.
(c) Nothing in this section shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from confinement when that prisoner is otherwise eligible for release.
(d) The administrator or other person in
charge of the facility shall annually report the number of queries performed
under subsection (b) of this section and the results of those queries to the
Governor's Crime Commission of the Department of Crime Control and Public
Safety. The Governor's Crime Commission shall make the reports available to the
public."
SECTION 13. Section 12 of S.L. 2009‑516 reads as rewritten:
"SECTION 12. Sections 7(a), 8(a), 9, and 10(a) of this act become effective December 1, 2009, and apply to probation judgments entered or modified or deferred prosecution agreements executed on or after that date. The remainder of this act is effective when it becomes law."
SECTION 14. If House Bill 1734, 2009 Regular Session, becomes law, G.S. 136‑18(2) reads as rewritten:
"(2) To take over and assume exclusive control for
the benefit of the State of any existing county or township roads, and to
locate and acquire rights‑of‑way for any new roads that may be
necessary for a State highway system, and subject to the provisions of G.S. 136‑19.5(a)
and (b) also locate and acquire such additional rights‑of‑way as
may be necessary for the present or future relocation or initial location,
above or below ground, of telephone, telegraph, distributed antenna systems
(DAS), (DAS) as permitted by local zoning, broadband communications,
electric and other lines, as well as gas, water, sewerage, oil and other
pipelines, to be operated by public utilities as defined in G.S. 62‑3(23)
and which are regulated under Chapter 62 of the General Statutes, or by
municipalities, counties, any entity created by one or more political
subdivisions for the purpose of supplying any such utility services, electric
membership corporations, telephone membership corporations, or any combination
thereof, with full power to widen, relocate, change or alter the grade or
location thereof, or alter the location or configuration of such lines or
systems above or below ground, and to change or relocate any existing roads
that the Department of Transportation may now own or may acquire; to acquire by
gift, purchase, or otherwise, any road or highway, or tract of land or other
property whatsoever that may be necessary for a State transportation system and
adjacent utility rights‑of‑way: Provided, all changes or
alterations authorized by this subdivision shall be subject to the provisions
of G.S. 136‑54 to 136‑63, to the extent that said sections are
applicable: Provided, that nothing in this Chapter shall be construed to
authorize or permit the Department of Transportation to allow or pay anything
to any county, township, city or town, or to any board of commissioners or
governing body thereof, for any existing road or part of any road heretofore
constructed by any such county, township, city or town, unless a contract has
already been entered into with the Department of Transportation."
SECTION 15.(a) If Senate Bill 1015, 2009 Regular Session, becomes law, then G.S. 75‑122, as enacted by Section 2 of Senate Bill 1015, reads as rewritten:
"§ 75‑122. Remedies.
A violation of G.S. 75‑121 is an unfair trade practice under G.S. 75‑1.1. A homeowner may bring an action for the recovery of damages, to void a prohibited foreclosure rescue transaction, as well as for declaratory or equitable relief for a violation of this Article. The provisions of this section shall not be enforceable against a bona fide purchaser for value. The rights and remedies provided herein are cumulative to, and not a limitation of, any other rights and remedies provided by law or equity. Nothing in this Chapter shall be construed to subject an individual homeowner selling his or her primary residence to liability under G.S. 75‑1.1."
SECTION 15.(b) This section becomes effective October 1, 2010, and applies to transactions entered on or after that date.
SECTION 16. Except as otherwise provided, this act is effective when it becomes law.