Bill Text: NC S745 | 2013-2014 | Regular Session | Amended
Bill Title: 2014 Technical Corrections
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-15 - Ref To Com On Judiciary I [S745 Detail]
Download: North_Carolina-2013-S745-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 745*
|
Short Title: 2014 Technical Corrections. |
(Public) |
|
|
Sponsors: |
Senator Hartsell (Primary Sponsor). |
|
|
Referred to: |
Judiciary I. |
|
May 15, 2014
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the general statutes and the session laws, as recommended by the General statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. Subsection (c) of G.S. 1A-1, Rule 59, is rewritten to read:
"(c) Time for serving affidavits. – When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 30 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits."
SECTION 2. G.S. 15‑11.2 reads as rewritten:
"§ 15‑11.2. Disposition of unclaimed firearms not confiscated or seized as trial evidence.
(a) Definition. – For purposes of this section, the term "unclaimed firearm" means a firearm that is found or received by a law enforcement agency and that remains unclaimed by the person who may be entitled to it for a period of 30 days after the publication of the notice required by subsection (b) of this section. The term does not include a firearm that is seized and disposed of pursuant to G.S. 15‑11.1 or a firearm that is confiscated and disposed of pursuant to G.S. 14‑269.1.
(b) Published Notice of Unclaimed Firearm. – When a law enforcement agency finds or receives a firearm and the firearm remains unclaimed for a period of 180 days, the agency shall publish at least one notice in a newspaper published in the county in which the agency is located. The notice shall include all of the following:
(1) A statement that the firearm is unclaimed and is in the custody of the law enforcement agency.
(2) A statement that the firearm may be sold or otherwise disposed of unless the firearm is claimed within 30 days of the date of the publication of the notice.
(3) A brief description of the firearm and any other information that the chief or head of the law enforcement agency may consider necessary or advisable to reasonably inform the public about the firearm.
(c) Repealed by Session Laws 2013‑158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.
(d) Disposition of Unclaimed Firearm. – If the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency shall order the disposition of the firearm in one of the following ways:
(1) By having the firearm destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification and will not be disposed of pursuant to subdivision (3) of this subsection. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm.
(2) By sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws or by sale of the firearm at a public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers. The head or chief of the law enforcement agency shall dispose of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number.
(3) By maintaining the firearm for training or experimental purposes or transferring the firearm to a museum or historical society.
(e) Repealed by Session Laws 2013‑158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.
(f) Disbursement of Proceeds of Sale. – If the law enforcement agency sells the firearm pursuant to subdivision (2) of subsection (d) of this section, then the proceeds of the sale shall be retained by the law enforcement agency and used for law enforcement purposes. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this section, as well as the disposition of the firearm, including any funds received from a sale of a firearm or any firearms or other property received in exchange or trade of a firearm."
SECTION 3. G.S. 42A‑15 reads as rewritten:
"§ 42A‑15. Trust account uses.
A landlord or real estate broker may require a tenant to pay
all or part of any required rent, security deposit, or other fees permitted by
law in advance of the commencement of a tenancy under this Chapter if these
payments are expressly authorized in the vacation rental agreement. If the
tenant is required to make any advance payments, other than a security deposit,
whether the payment is denominated as rent or otherwise, the landlord or real
estate broker shall deposit these payments in a trust account in an insured
bank or savings and loan association in North Carolina no later than three
banking days after the receipt of the these payments. These payments
deposited in a trust account shall not earn interest unless the landlord and
tenant agree in the vacation rental agreement that the payments may be
deposited in an interest‑bearing account. The landlord and tenant shall
also provide in the agreement to whom the accrued interest shall be disbursed."
SECTION 4. G.S. 53‑244.111 reads as rewritten:
"§ 53‑244.111. Prohibited acts.
In addition to the activities prohibited under other provisions of this Article, it shall be unlawful for any person in the course of any residential mortgage loan transaction:
…
(22) For a person acting as a mortgage servicer to fail to mail, at least 45 days before foreclosure is initiated, a notice addressed to the borrower at the borrower's last known address with the following information:
a. An itemization of all past due amounts causing the loan to be in default.
b. An itemization of any other charges that must be paid in order to bring the loan current.
c. A statement that the borrower may have options available other than foreclosure and that the borrower may discuss the options with the mortgage lender, the mortgage servicer, or a counselor approved by the U.S. Department of Housing and Urban Development (HUD).
d. The address, telephone number, and other contact information for the mortgage lender, the mortgage servicer, or the agent for either of them who is authorized to attempt to work with the borrower to avoid foreclosure.
e. The name, address, telephone number, and other contact information for one or more HUD‑approved counseling agencies operating to assist borrowers in North Carolina to avoid foreclosure.
f. The address, telephone number, and other contact
information for the consumer complaint section of the Office of the
Commissioner of Banks.State Home Foreclosure Prevention Project of the
Housing Finance Agency.
…."
SECTION 5. G.S. 95‑111.4 reads as rewritten:
"§ 95‑111.4. Powers and duties of Commissioner.
The Commissioner of Labor is hereby empowered:empowered
to do all of the following:
(1) To delegate to the Director of the Elevator and
Amusement Device Division such powers, duties and responsibilities as the
Commissioner determines will best serve the public interest in the safe
operation of amusement devices;devices.
(2) To supervise the Director of the Elevator and
Amusement Device Division;Division.
(3) To adopt, modify, or revoke such rules and
regulations as are necessary for the purpose of carrying out the provisions of
this Article including, but not limited to, those governing the design,
construction, installation, plans review, testing, inspection, certification,
operation, use, maintenance, alteration and relocation of devices subject to
the provisions of this Article. The rules and regulations promulgated pursuant
to this rulemaking authority shall conform with good engineering and safety
standards, formulas and practices;practices.
(4) To enforce rules and regulations adopted under
authority of this Article;Article.
(5) To inspect and have tested for acceptance all new
and relocated devices subject to the provisions of this Article. Relocated
amusement devices shall be inspected upon reassembly at each new location
within this State; provided that the Commissioner may provide for less frequent
inspections when he determines that the device is of such a type and its use is
of such a nature that inspection less often than upon each reassembly would not
expose the public to an unsafe condition likely to result in serious personal
injury or property damage;damage.
(6) To inspect amusement devices which have been
substantially rebuilt or substantially modified so as to change the original
action, structure or capacity of the device;device.
(7) To make maintenance and periodic inspections and
tests of all devices subject to the provisions of this Article. Devices located
in amusement parks shall be inspected at least once annually;annually.
(8) To issue certificates of operation which certify
for use such devices as are found to be in compliance with this Article and the
rules and regulations promulgated thereunder;thereunder.
(9) To have reasonable access, with or without notice,
to the devices subject to the provisions of this Article during reasonable
hours, for purposes of inspection or testing;testing.
(10) To obtain an Administrative Search and Inspection
Warrant in accordance with the provisions of Article 4A of Chapter 15 of the
General Statutes;Statutes.
(11) To investigate accidents involving devices subject
to the provisions of this Article to determine the cause of such the accident,
and he the Commissioner shall have full subpoena powers in
conducting such investigation;the investigation.
(12) To institute proceedings in the civil courts of this
State, when a provision of this Article or the rules and regulations
promulgated thereunder has been violated;violated.
(13) To adopt, modify or revoke rules and regulations
governing the qualifications of inspectors;inspectors.
(14) To grant exceptions from the requirements of the
rules and regulations promulgated under authority of this Article and to permit
the use of other devices when such these exceptions and uses will
not expose the public to an unsafe condition likely to result in serious
personal injury or property damage;damage.
(15) To require that before any device subject to the
provisions of this Article is erected in this State, or before any additions or
alterations which substantially change such the device are made,
or before the physical spacing between such the devices is
changed, the owner or his the owner's authorized agent shall file
with the Commissioner a written notice of his the owner's intention
to do so and the type of device involved. Should circumstances necessitate, the
Commissioner may require that such the owner or his the
owner's authorized agent furnish a copy of the plans, diagrams,
specifications or stress analyses of such the device before the
inspection of same.the device. When such plans, diagrams,
specifications or stress analyses are requested by the Commissioner, he the
Commissioner shall review them within 10 days of receipt, and upon
approval, he shall authorize the device for use by the public;public.
(16) To prohibit the use of any device subject to the
provisions of this Article which is found upon inspection to expose the public
to an unsafe condition likely to cause personal injury or property damage. Such
a device shall be made operational only upon the Commissioner's
determination that such device it has been made safe;safe.
(17) To order the payment of all civil penalties provided
by this Article. The clear proceeds of funds collected pursuant to a civil
penalty order shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C‑457.2; andG.S. 115C‑457.2.
(18) To coordinate enforcement and inspection activity relative to equipment, devices and operations covered by this Article in order to minimize duplication of liability or regulatory responsibility on the part of the employer or owner.
(19) To establish fees not to exceed two hundred fifty dollars ($250.00) for the inspection and issuance of certificates of operation for devices subject to this Article that are in use."
SECTION 6. G.S. 95‑148 reads as rewritten:
"§ 95‑148. Safety and health programs of State agencies and local governments.
It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and subdivisions of government to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards and regulations promulgated under this Article. The head of each agency shall:
(1) Provide safe and healthful places and conditions of
employment, consistent with the standards and regulations promulgated by this Article;Article.
(2) Acquire, maintain, and require the use of safety
equipment, personal protective equipment, and devices reasonably necessary to
protect employees;employees.
(3) Consult with and encourage employees to cooperate
in achieving safe and healthful working conditions;conditions.
(4) Keep adequate records of all occupational accidents
and illnesses for proper evaluation and corrective action;action.
(5) Consult with the Commissioner as to the adequacy as
to form and content of records kept pursuant to this section;section.
(6) Make an annual report to the Commissioner with respect to occupational accidents and injuries and the agency's program under this section.
The Commissioner shall transmit annually to the Governor and
the General Assembly a report of the activities of the State agency and
instrumentalities under this section. If the Commissioner has reason to believe
that any local government program or program of any agency of the State is
ineffective, he the Commissioner shall, after unsuccessfully
seeking by negotiations to abate such this failure, include this
in his the Commissioner's annual report to the Governor and the
General Assembly, together with the reasons therefor, and may recommend
legislation intended to correct such the condition.
The Commissioner shall have access to the records and reports kept and filed by State agencies and instrumentalities pursuant to this section unless such records and reports are required to be kept secret in the interest of national defense, in which case the Commissioner shall have access to such information as will not jeopardize national defense.
Employees of any agency or department covered under this section are afforded the same rights and protections as granted employees in the private sector.
This section shall not apply to volunteer fire departments not a part of any municipality.
Any municipality with a population of 10,000 or less may exclude its fire department from the operation of this section by a resolution of the governing body of the municipality, except that the resolution may not exclude those firefighters who are employees of the municipality.
The North Carolina Fire and Rescue Commission shall recommend regulations and standards for fire departments."
SECTION 7.(a) G.S. 111‑47.1 reads as rewritten:
"§ 111‑47.1. Food service at North Carolina aquariums.
(a) Notwithstanding Article 3 of Chapter 111 of the
General Statutes,this Article, the North Carolina Aquariums may
operate or contract for the operation of food or vending services at the North
Carolina Aquariums. Notwithstanding G.S. 111‑43, the net proceeds of
revenue generated by food and vending services that are provided at the North
Carolina Aquariums and are operated by or whose operation is contracted for by
the Division of North Carolina Aquariums shall be credited to the North
Carolina Aquariums Fund.
(b) This section shall not be construed to alter any
contract for food or vending services at the North Carolina Aquariums that is
in force at the time this section becomes law. on July 1, 1999."
SECTION 7.(b) G.S. 111‑47.2 reads as rewritten:
"§ 111‑47.2. Food service at museums and historic sites operated by the Department of Cultural Resources.
Notwithstanding Article 3 of Chapter 111 of the General
Statutes, this Article, the North Carolina Department of Cultural
Resources may operate or contract for the operation of food or vending services
at museums and historic sites operated by the Department. Notwithstanding G.S. 111‑43,
the net proceeds of revenue generated by food and vending services provided at
museums and historic sites operated by the Department or a vendor with whom the
Department has contracted shall be credited to the appropriate fund of the
museum or historic site where the funds were generated and shall be used for
the operation of that museum or historic site."
SECTION 8. G.S. 113‑133.1(e) reads as rewritten:
"(e) Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:
Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 556.
Anson: Former G.S. 113‑111, as amended by Session Laws 1955, Chapter 286.
Ashe: Former G.S. 113‑111; Session Laws 1951, Chapter 665.
Avery: Former G.S. 113‑122.
Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173.
Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.
Bladen: Public‑Local Laws 1933, Chapter 550, Section 2 (as it pertains to fox season); Session Laws 1961, Chapter 348 (as it applies to Bladen residents fishing in Robeson County); Session Laws 1961, Chapter 1023; Session Laws 1971, Chapter 384.
Brunswick: Session Laws 1975, Chapter 218.
Buncombe: Public‑Local Laws 1933, Chapter 308.
Burke: Public‑Local Laws 1921, Chapter 454; Public‑Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public‑Local Laws 1933, Chapter 422, Section 3; Session Laws 1977, Chapter 636.
Caldwell: Former G.S. 113‑122; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.
Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441.
Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.
Caswell: Public‑Local Laws 1933, Chapter 311; Public‑Local Laws 1937, Chapter 411.
Catawba: Former G.S. 113‑111, as amended by Session Laws 1955, Chapter 1037.
Chatham: Public‑Local Laws 1937 Chapter 236; Session Laws 1963, Chapter 271.
Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.
Cleveland: Public Laws 1907, Chapter 388; Session Laws 1951, Chapter 1101; Session Laws 1979, Chapter 587.
Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.
Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.
Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.
Dare: Session Laws 1973, Chapter 259.
Davie: Former G.S. 113‑111, as amended by Session Laws 1947, Chapter 333.
Duplin: Session Laws 1965, Chapter 774; Session Laws 1973 (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.
Edgecombe: Session Laws 1961, Chapter 408.
Gates: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.
Granville: Session Laws 1963, Chapter 670.
Greene: Session Laws 1975, Chapter 219; Session Laws 1979, Chapter 360.
Halifax: Public‑Local Laws 1925, Chapter 571, Section 3 (with respect to fox‑hunting seasons); Session Laws 1947, Chapter 954; Session Laws 1955, Chapter 1376.
Haywood: Former G.S. 113‑111, as modified by Session Laws 1963, Chapter 322.
Henderson: Former G.S. 113‑111.
Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.
Hoke: Session Laws 1963, Chapter 267.
Hyde: Public‑Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932.
Iredell: Session Laws 1979, Chapter 577.
Jackson: Session Laws 1965, Chapter 765.
Johnston: Session Laws 1975, Chapter 342.
Jones: Session Laws 1979, Chapter 441.
Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.
Lenoir: Session Laws 1979, Chapter 441.
Lincoln: Public‑Local Laws 1925, Chapter 449, Sections 1 and 2; Session Laws 1955, Chapter 878.
Madison: Public‑Local Laws 1925, Chapter 418, Section 4; Session Laws 1951, Chapter 1040.
Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636.
Montgomery: Session Laws 1977 (Second Session 1978), Chapter 1142.
Nash: Session Laws 1961, Chapter 408.
New Hanover: Session Laws 1971, Chapter 559; Session Laws 1975, Chapter 95.
Northampton: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.
Orange: Public‑Local Laws 1913, Chapter 547.
Pamlico: Session Laws 1977, Chapter 636.
Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585, as amended by Session Laws 1985, Chapter 421; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.
Perquimans: Former G.S. 113‑111; Session Laws 1973, Chapter 160; Session Laws 1973, Chapter 264.
Polk: Session Laws 1975, Chapter 397; Session Laws
1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Randolph: Public‑Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.
Robeson: Public‑Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.
Rockingham: Former G.S. 113‑111; Public‑Local Laws 1933, Chapter 310.
Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 556.
Rutherford: Session Laws 1973, Chapter 114; Session Laws
1975, Chapter 397.Chapter 114.
Sampson: Session Laws 1979, Chapter 373.
Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.
Stokes: Former G.S. 113‑111; Public‑Local Laws 1933, Chapter 310; Session Laws 1979, Chapter 556.
Surry: Public‑Local Laws 1925, Chapter 474, Section 6 (as it pertains to fox seasons); Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Swain: Public‑Local Laws 1935, Chapter 52; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.
Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.
Tyrrell: Former G.S. 113‑111; Session Laws 1953, Chapter 685.
Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.
Washington: Session Laws 1947, Chapter 620.
Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.
Wilkes: Former G.S. 113‑111, as amended by Session Laws 1971, Chapter 385; Session Laws 1951, Chapter 665; Session Laws 1973, Chapter 106; Session Laws 1979, Chapter 507.
Yadkin: Former G.S. 113‑111, as amended by Session Laws 1953, Chapter 199; Session Laws 1979, Chapter 507.
Yancey: Session Laws 1965, Chapter 522."
SECTION 9. G.S. 115C‑325(h)(7) reads as rewritten:
"(7) Within five days of being notified of the
request for a hearing before a hearing officer, the Superintendent of Public
Instruction shall submit to both parties a list of hearing officers trained and
approved by the State Board of Education. Within five days of receiving the
list, the parties may jointly select a hearing officer from that list, or, if
the parties cannot agree to a hearing officer, each party may strike up to one‑third
of the names on the list and submit its strikeout list to the Superintendent of
Public Instruction. The Superintendent of Public Instruction shall then appoint
a hearing officer from those individuals remaining on the list. Further, the
parties may jointly agree on another hearing officer not on the State Board of Eduation's
Education's list, provided that individual is available to proceed in a
timely manner and is willing to accept the terms of appointment required by the
State Board of Education. No person eliminated by the career employee or
superintendent shall be designated as the hearing officer for that case."
SECTION 10. G.S. 130A‑294.1(b) reads as rewritten:
"(b) Funds collected pursuant to this section shall be used for personnel and other resources necessary to:
(1) Provide a high level of technical assistance and
waste minimization effort for the hazardous waste management program;program.
(2) Provide timely review of permit applications;applications.
(3) Insure that permit decisions are made on a sound
technical basis and that permit decisions incorporate all conditions necessary
to accomplish the purposes of this Part;Part.
(4) Improve monitoring and compliance of the hazardous
waste management program;program.
(5) Increase the frequency of inspections;inspections.
(6) Provide chemical, biological, toxicological, and
analytical support for the hazardous waste management program; andprogram.
(7) Provide resources for emergency response to
imminent hazards associated with the hazardous waste management program;program.
(8) Implement and provide oversight of necessary
response activities involving inactive hazardous substance or waste disposal sites;
sites.
(9) Provide compliance and prevention activities within the solid waste program to ensure that hazardous waste is not disposed in solid waste management facilities."
SECTION 11. G.S. 136‑93(b) reads as rewritten:
"(b) Except as provided in G.S. 136‑133.1(g),
no vegetation, including any tree, shrub, or underbrush, in or on any right‑of‑way
of a State road or State highway shall be planted, cut, trimmed, pruned, or
removed without a written selective vegetation removal permit issued pursuant
to G.S. 136‑133.2 and in accordance with the rules of the
Department. Requests for a permit for selective vegetation cutting, thinning,
pruning, or removal shall be made by the owner of an outdoor advertising sign
or the owner of a business facility to the appropriate person in the Division
of Highways office on a form prescribed by the Department. For purposes of this
section, G.S. 136‑133.1, 136‑133.2, and 136‑133.4, the
phrase "outdoor advertising" shall mean the outdoor advertising
expressly permitted under G.S. 136‑129(a)(4) G.S. 136‑129(4)
or G.S. 136‑129(a)(5). G.S. 136‑129(5).
These provisions shall not be used to provide visibility to on‑premises
signs."
SECTION 12. G.S. 143‑151.57 reads as rewritten:
"§ 143‑151.57. Fees.
(a) Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in the following table for administering this Article:
Item Maximum Fee
Application for home inspector license $35.00
Home inspector examination 80.00
Issuance or renewal of home inspector license 160.00
Late renewal of home inspector license 30.00
Application for course approval 150.00
Renewal of course approval 75.00
Course fee, per credit hour per licensee 5.00
Credit for unapproved continuing education course 50.00
Copies of Board rules or licensure standards Cost of printing
and mailing.
Or renewal 20.00 110.00 20.00
(b) Subsequent Application. – An individual who applied for a license as a home inspector and who failed the home inspector examination is not required to pay an additional application fee if the individual submits another application for a license as a home inspector. The individual must pay the examination fee, however, to be eligible to take the examination again. An individual may take the examination only once every 180 days."
SECTION 13. G.S. 143‑151.77 reads as rewritten:
"§ 143‑151.77. Enforcement and penalties.
(a) In addition to injunctive relief, the Commissioner
may assess and collect a civil penalty against any person who violates any of
the provisions of this Article or rules adopted pursuant to this Article, as
provided in this subsection. section. The maximum civil penalty
for a violation is five thousand dollars ($5,000). A civil penalty may be
assessed from the date of the violation. Each day of a continuing violation may
constitute a separate violation.
(b) The Commissioner shall determine the amount of the civil penalty and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under Rule 4 of G.S. 1A‑1 and shall direct the violator to either pay the assessment or contest the assessment within 30 calendar days by filing a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. If a violator does not pay a civil penalty assessed by the Commissioner within 30 calendar days after it is due, the Commissioner shall request that the Attorney General institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court of any county where the violation occurred. A civil action must be filed within one year of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.
(c) In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, the prior record of the violator in complying or failing to comply with this Article, and the action of the person to remedy the violation.
(d) The clear proceeds of civil penalties collected by the Commissioner under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 14. G.S. 150B‑41 reads as rewritten:
"§ 150B‑41. Evidence; stipulations; official notice.
(a) In all contested cases, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in the trial division of the General Court of Justice shall be followed; but, when evidence is not reasonably available under such rules to show relevant facts, they may be shown by the most reliable and substantial evidence available. It shall not be necessary for a party or his attorney to object to evidence at the hearing in order to preserve the right to object to its consideration by the agency in reaching its decision, or by the court of judicial review.
(b) Evidence in a contested case, including records
and documents shall be offered and made a part of the record. Other factual
information or evidence shall not be considered in determination of the case,
except as permitted under G.S. 150B‑30. subsection (d) of
this section. Documentary evidence may be received in the form of a copy or
excerpt or may be incorporated by reference, if the materials so incorporated
are available for examination by the parties. Upon timely request, a party
shall be given an opportunity to compare the copy with the original if
available.
(c) The parties in a contested case under this Article by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties should agree upon facts when practicable. Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default, or other method agreed upon by the parties.
(d) Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the agency. The noticed fact and its source shall be stated and made known to affected parties at the earliest practicable time, and any party shall on timely request be afforded an opportunity to dispute the noticed fact through submission of evidence and argument. An agency may use its experience, technical competence, and specialized knowledge in the evaluation of evidence presented to it."
SECTION 15.(a) G.S. 153A‑357(d) is repealed.
SECTION 15.(b) G.S. 160A‑417(c) is repealed.
SECTION 16.(a) On March 13, 1895, the General Assembly enacted "An act to incorporate the town of Columbus." The act was published in the 1895 "Private Laws of North Carolina," appearing on pages 404 through 406. The session law designation that appears at the beginning of the act is "Chapter 354," although (i) the act is physically located between Chapters 253 and 255, and (ii) pages 404 through 406 have a running header showing Chapter 254 as the session law contained on those pages. There is otherwise no Chapter 254 in the 1895 "Private Laws of North Carolina," and the last session law in that volume is Chapter 353. It therefore appears that the intended session law designation for the act was Chapter 254 and that the published session law number contains a typographical error. The act has been cited at least once in a subsequent session law as "Chapter 354 of the Private Laws of 1895" and was repealed in Chapter 46 of the 1985 Session Laws ("An act to revise and consolidate the charter of the town of Columbus").
SECTION 16.(b) To remove any ambiguity, any reference to "Chapter 354" of the 1895 Private Laws of this State or to "Chapter 254" of the 1895 Private Laws of this State shall be construed as a reference to the act enacted by the General Assembly on March 13, 1895, entitled "An act to incorporate the town of Columbus."
SECTION 17. Section 60(c) of S.L. 2013‑413 reads as rewritten:
"SECTION 60.(c) This act Part becomes
effective July 1, 2015."
SECTION 18. This act is effective when it becomes law.
