GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-46
HOUSE BILL 103
AN ACT to make technical corrections to the general statutes and session laws, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1‑567.36 reads as rewritten:
"§ 1‑567.36. Venue and jurisdiction of courts.
(a) The functions referred
to in G.S. 1‑567.41(c) and (d), 1‑567.43(a), 1‑567.44(b),
1‑567.46(c), and 1‑567.57 shall be performed by the court in the
following county:
(1) The county where the arbitration agreement is to be performed or was made.
(2) If the arbitration
agreement does not specify a county where the agreement is to be performed and
the agreement was not made in any county in the State of North Carolina,
the county where any party to the court proceeding resides or has a place of
business.
(3) In any case not covered
by subdivisions subdivision (1) or (2) of this subsection, in any
county in the State of North Carolina.
(b) All other functions assigned by this Article to the court shall be performed by the court of the county in which the place of arbitration is located."
SECTION 2. G.S. 1‑567.44 reads as rewritten:
"§ 1‑567.44. Failure or impossibility to act.
(a) The mandate of an
arbitrator terminates if the on any of the following grounds:
(1) The arbitrator becomes unable to perform the
arbitrator's functions or for other reasons fails to act without undue delay
or the delay.
(2) The arbitrator withdraws or the withdraws.
(3) The parties agree to the termination.
(b) If a controversy remains
concerning any of the grounds referred to in subsection (a) of this section, a
party may request the court to decide on the termination of the mandate. The
decision of the court shall be is final and not subject to
appeal.
(c) If under this section
or under G.S. 1‑567.43, an arbitrator withdraws or otherwise
agrees to the termination of the arbitrator's mandate, no acceptance of the
validity of any ground referred to in this section or G.S. 1‑567.43(b)
shall be is implied in consequence of the action."
SECTION 3. G.S. 20‑4.02 reads as rewritten:
"§ 20‑4.02. Quadrennial adjustment of certain fees and rates.
(a) Adjustment for
Inflation. Beginning July 1, 2020, and every four years thereafter, the
Division shall adjust the fees and rates imposed pursuant to the statutes listed
in this subsection for inflation in accordance with the Consumer Price Index
computed by the Bureau of Labor Statistics. The adjustment for per transaction
rates in subdivision (8a) subdivision (8b) of this subsection
shall be rounded to the nearest cent and all other adjustments under this
subsection shall be rounded to the nearest twenty‑five cents (25’):
(8a) G.S. 20‑43.1(e1), with respect to the per individual record fee set in that subsection.
(8b) G.S. 20‑63(h), with respect to the per transaction rates set in that subsection.
(c) Rules. The
provisions of Chapter 150B of the General Statutes do does not
apply to the inflation adjustment required by this section.
(d) Consultation and
Publication. At least 90 days prior to making an adjustment pursuant to
subsection (a) of this section, and notwithstanding any provision of
G.S. 12‑3.1 to the contrary, G.S. 12‑3.1, the
Division shall (i) consult with the Joint Legislative Commission on
Governmental Operations, (ii) provide a report to the chairs of the Senate
Appropriations Committee on Transportation and the House of Representatives
Appropriations Committee on Transportation, and (iii) publish notice of the
fees that will be in effect in the offices of the Division and on the
Division's website. After making the adjustment, the Division shall notify the
Revisor of Statutes who shall adjust the amounts in statute.
(e) Effective Date. Any
adjustment to fees or rates under this section applicable to a motor vehicle
sold or leased by a motor vehicle dealer, as defined in G.S. 20‑286(11),
G.S. 20‑286, is only applicable to a motor vehicle sale
or lease made on or after the effective date of the fee or rate adjustment regardless
of the date of submission of a title and registration application for the motor
vehicle to the Division. No adjustment to fees or rates under this section
applies to a motor vehicle sale or lease made prior to the effective date of
the fee or rate adjustment."
SECTION 4. G.S. 20‑187.2 is recodified as G.S. 17F‑20 and reads as rewritten:
"§ 17F‑20. Badges and service side arms of deceased or retiring members of State, city, and county law enforcement agencies; weapons of active members.
(a) Surviving spouses, or
in the event such members die spouses or, if unsurvived by a spouse,
surviving children of members of North Carolina State, city, and county law
enforcement agencies who are killed in the line of duty or who are
members of such these agencies at the time of their deaths, deaths
and retiring members of such these agencies shall receive receive,
upon request and at no cost to them, the badge worn or carried by such the
deceased or retiring member. The Upon determining that a person
requesting a service side arm is not ineligible to own, possess, or receive a
firearm under State or federal law or that the service side arm has been
rendered incapable of being fired, the governing body of a law enforcement
agency may, in its discretion, also award to a retiring member or surviving
relatives as provided herein, surviving spouse or child or to a retiring
member, upon request, the service side arm of such the deceased
or retiring members, member at a price determined by such
governing body, upon determining that the person receiving the weapon is not
ineligible to own, possess, or receive a firearm under the provisions of State
or federal law, or if the weapon has been rendered incapable of being fired.
Governing body shall mean for the governing body. As used in this
subsection, "governing body" means the following:
(1) For county and local alcohol beverage
control officers, the county or local board of alcoholic control; for beverage
control.
(2) For all other law enforcement officers with
jurisdiction limited to a municipality or town, the city or town council;
for council.
(3) For all other law enforcement officers with
countywide jurisdiction, the board of county commissioners; for commissioners.
(4) For all State law enforcement officers, the head of the department.
(b) Active members of North
Carolina State, city, and county law enforcement agencies, upon change of type
of weapons, may purchase the weapon worn or carried by such member they
wore or carried prior to the change at a price which shall be equal
to the average yield to the State, city, or county from the sale of similar
weapons during the preceding year.
(c) For purposes of this
section, certified probation and parole officers shall be are considered
members of a North Carolina State law enforcement agency."
SECTION 5. G.S. 20‑187.4 is recodified as G.S. 17F‑21 and reads as rewritten:
"§ 17F‑21. Disposition of retired service animals.
(a) Upon determination that any service animal is no longer fit or needed for public service, the State or unit of local government may transfer ownership of the animal at a price determined by the State or unit of local government and upon any other terms and conditions as the State or unit of local government deems appropriate, to any of the following individuals, if that individual agrees to accept ownership, care, and custody of the service animal:
(1) The officer or employee who had normal custody and control of the service animal during the service animal's public service to the State or unit of local government.
(2) A surviving spouse, or
in the event such officer or employee dies spouse or, if unsurvived
by a spouse, surviving children of the officer or employee killed in the line
of duty who had normal custody and control of the service animal during the
service animal's public service to the State or unit of local government.
(3) An organization or program dedicated to the assistance or support of service animals retired from public service.
(b) For purposes of this section, the following definitions apply:
(1) "Service
animal." Service animal. Any horse, dog, or other animal
owned by the State or a unit of local government that performs law enforcement,
public safety, or emergency service functions.
(2) "Unit of local
government." Unit of local government. As defined in G.S. 159‑7(b)(15).
G.S. 159‑7(b)."
SECTION 6. G.S. 20‑194 is recodified as G.S. 17F‑5 and reads as rewritten:
"§ 17F‑5. Defense of Highway Patrol members and other State law‑enforcement officers in civil actions; payment of judgments.
(a) Repealed by Session Laws 2011‑145, s. 28.27(d), effective July 1, 2011.
(b) In the event that If
a member of the Highway Patrol or any other State law‑enforcement
officer is sued in a civil action as an individual for acts occurring while such
the member or officer was alleged to be acting within the
course and scope of his or her office, employment, service, agency or
authority, which was agency, or authority, and the acts were alleged
to be a proximate cause of the injury or damage complained of, damage,
the Attorney General is hereby authorized to may defend such
the employee through the use of a member of his or her staff
or, in his the Attorney General's discretion, employ private
counsel, subject to the provisions of Article 31A of Chapter 143 of the
General Statutes and G.S. 147‑17(a) through (c) and (d). Any
judgment rendered as a result of said the civil action against such
member of the Highway Patrol or other State law‑enforcement officer, the
employee for acts alleged to be committed within the course and scope of
his or her office, employment, service, agency agency, or
authority shall be paid as an expense of administration up to the limit provided
in the Tort Claims Act.
(c) The coverage afforded
under this Article shall be is excess coverage over any
commercial liability insurance up to the limit of the Tort Claims Act."
SECTION 7. G.S. 36C‑4‑411 reads as rewritten:
"§ 36C‑4‑411. Modification or termination of noncharitable irrevocable trust by consent.
(a) If the settlor and all
beneficiaries of a noncharitable irrevocable trust consent, they may compel the
modification or termination of the trust without the approval of the court even
if the modification or termination is inconsistent with a material purpose of
the trust. If any beneficiary (i) is a minor or incompetent or a person who is
unborn or whose identity or location is unknown and (ii) is unable to be
represented under Article 3 of this Chapter, the settlor or any competent adult
beneficiary or the representative of any beneficiary properly represented under
Article 3 of this Chapter may institute a proceeding before the court to
appoint a guardian ad litem. The court shall allow the modification or
termination if the court finds that, following the appointment of a guardian ad
litem, all beneficiaries or their representatives have consented. A settlor's
power to consent to a trust's modification or termination may be exercised by:by
the following:
(1) An agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust.
(2) The settlor's general guardian or the guardian of the estate with the approval of the court supervising the guardianship.
(c) Where If the
beneficiaries of an a noncharitable irrevocable trust seek to compel a
termination of the trust and the continuance of the trust is necessary to carry
out a material purpose of the trust, or where the beneficiaries seek to
compel a modification of the trust in a manner that is inconsistent with its
material purpose, the trust may be modified or terminated, in the discretion of
the court, only if the court determines that the reason for modifying or
terminating the trust under the circumstances substantially outweighs the
interest in accomplishing a material purpose of the trust.
(h) Except for the
modification of a trust pursuant to subsection (a) of this section, nothing in
this section shall be deemed to permit permits the modification
of a trust to provide for the removal and replacement of a trustee of the
trust, including the addition of trust terms providing for the removal and
replacement of the trustee by one or more beneficiaries or other persons."
SECTION 8. G.S. 41‑73 reads as rewritten:
"§ 41‑73. Termination of a joint tenancy with right of survivorship.
(a) Events terminating a joint tenancy with right of survivorship due to the collective action of all joint tenants include the following:
(3) The execution of an
instrument by all joint tenants for the purpose of expressing an intent to
terminate the joint tenancy as between or among themselves.tenancy.
(b) Events terminating a joint tenancy with right of survivorship due to the unilateral action of a joint tenant include the following:
(1) The conveyance to a third party by a joint tenant of all of that joint tenant's interest in the property held in the joint tenancy, including a foreclosure sale pursuant to a power of sale in a deed of trust.
(3) The execution of an
instrument by a joint tenant where the joint tenant is both the grantor and the
grantee if the intention to terminate expressly appears in the instrument. A
termination under this subdivision shall be is effective only
upon the recording, prior to the death of the joint tenant, of an instrument
expressing an intent to terminate in the office of the register of deeds in the
county or counties where the real property is situated.
(4) The filing by a joint tenant of a petition to partition.
(c) When a termination occurs, a tenancy in common is created as follows:
(1) If a termination occurs under subdivision (1) of subsection (a) of this section because of the conveyance of all of the joint tenants' interests to a third party, a tenancy in common is created among the tenants as to any proceeds of sale or surplus funds generated from a foreclosure sale.
(2) If a termination occurs because of the execution by all of the joint tenants of an instrument described in subdivision (2) or (3) of subsection (a) of this section, a tenancy in common is created among the tenants.
(3) If a termination occurs
under subdivision (a) subdivision (1) of subsection (b) of this
section because one of the joint tenants conveys all of that joint tenant's
interest to a third party and there are only two joint tenants, a tenancy in
common is created between the third party and the other joint tenant. If there
are more than two joint tenants and one of the joint tenants conveys all of
that joint tenant's interests to a third party, a tenancy in common is created
among the third party and the remaining joint tenants, who remain continue
as joint tenants with right of survivorship as between or among themselves.
(4) If a termination occurs
because of the execution by a joint tenant of an instrument described in
subdivision (2) or (3) of subsection (b) of this section or because of the
filing of a petition by a joint tenant as provided in subdivision (4) of
subsection (b) of this section, and there are two joint tenants, a tenancy in
common is created between the joint tenant causing the termination and the
other joint tenant. If there are more than two joint tenants, a tenancy in
common is created among the joint tenant causing the termination and the
remaining joint tenants tenants, who continue as joint tenants
with right of survivorship as between or among themselves.
(d) The following events do not result in a termination of joint tenancy with right of survivorship:
(3) When married individuals
holding an interest as tenants by the entirety in a joint tenancy with one or
more other joint tenants divorce. Unless the divorced individuals agree
otherwise, the divorced individuals shall be are deemed to hold
their existing interest equally as tenants in common as to each other, but as
joint tenants with right of survivorship as to remaining joint tenancy holders.
(e) Nothing in this section shall
limit limits the manner or effect of a termination ordered by a
court of competent jurisdiction."
SECTION 9. G.S. 74C‑12 reads as rewritten:
"§ 74C‑12. Denial, suspension, or revocation of license, registration, or permit; duty to report criminal arrests.
(a) The Board may, after
compliance with Chapter 150B of the General Statutes, deny, suspend suspend,
or revoke a license, certification, registration, or permit issued under
this Chapter if it is determined that the applicant, licensee, trainee,
registrant, or permit holder has done any of the following acts:
(1) Made any false statement or given any false information in connection with any application for a license, registration, certification, or permit or for the renewal or reinstatement of a license, certification, registration, or permit.
(2) Violated any provision of this Chapter.
(3) Violated any rule adopted by the Board pursuant to the authority contained in this Chapter.
(4) Repealed by Session Laws 1989, c. 759, s. 10.
(5) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this State, any other state, or any political subdivision of a state.
(6) Engaged in or knowingly
permitted any employee to engage in a private protective services profession
when not lawfully in possession of a valid license or registration issued under
the provisions of this Chapter.
(7) Willfully failed or refused to render to a client service as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
(8) Knowingly made any false
report to the employer or client for whom which information is
being obtained.
(9) Committed an unlawful breaking or entering, assault, battery, kidnapping, or violated any State or federal firearms law.
(10) Knowingly violated or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.
(11) Repealed by Session Laws 1989, c. 759, s. 10.
(12) Undertaken to give legal
advice or counsel or to in any way falsely represent that he or she is
representing any attorney or he or she is appearing or will appear as an
attorney in any legal proceeding.
(13) Issued, delivered, or
uttered any simulation of process of any nature which that might
lead a person to believe that such the simulation written,
printed, or typed may be a summons, warrant, writ or writ, other court
process, or any pleading in any court proceeding.
(14) Failed to make the required contribution to the Private Protective Services Education Fund or failed to maintain the certificate of liability insurance required by this Chapter.
(15) Violated the firearm provisions set forth in this Chapter.
(16) Repealed by Session Laws 1989, c. 759, s. 10.
(17) Failed With
respect to a business entity licensed pursuant to this Chapter other than a
sole proprietorship, failed to notify the Director by a business entity
other than a sole proprietorship licensed pursuant to this Chapter of the
cessation of employment of the business entity's qualifying agent within
the time set forth in this Chapter.G.S. 74C‑8(c).
(18) Failed With
respect to a business entity licensed pursuant to this Chapter, failed to
obtain a substitute qualifying agent by a business entity within 30 days within
the time set forth in G.S. 74C‑8(c) after its qualifying agent has
ceased to serve as the business entity's qualifying agent.serve.
(19) Been judged incompetent by a court having jurisdiction under Chapter 35A or former Chapter 35 of the General Statutes or committed to a mental health facility for treatment of mental illness, as defined in G.S. 122C‑3, by a court under G.S. 122C‑271.
(20) Failed or refused to offer a report to a client within 30 days of the client's written request after the client has paid for services rendered.
(21) Been With
respect to an applicant or a principal in the applicant's business, been previously
denied a license, registration, or permit under this Chapter or previously had
a license, registration, or permit revoked for cause. The denial or
revocation shall include a principal in the applicant's business.
(22) Engaged in a private
protective services profession under a name other than the name under which the
license was obtained under the provisions of this Chapter.
(23) Divulged to any person,
except as required by law, any information acquired by the license holder
except at the direction of the employer or client for whom which the
information was obtained. A licensee may divulge to any law enforcement officer
or district attorney or district attorney's representative any information the
law enforcement officer may require to investigate a criminal offense with the
prior approval and consent of the client.
(24) Fraudulently held himself or herself out as employed by or licensed by the Department of Public Safety or any other governmental authority.
(25) Demonstrated intemperate
habits or a lack of good moral character. The acts Acts that are
prima facie evidence of intemperate that an applicant does not have
temperate habits or lack of good moral character under G.S. 74C‑8(d)(2)
are prima facie evidence of the same intemperate habits or lack of
good moral character under this subdivision.
(26) Advertised or solicited business using a name other than that in which the license was issued.
(27) Worn, carried, or accepted
any badge or shield purporting to indicate that the person he or she is
a law enforcement officer while licensed under the provisions of this
Chapter as a private investigator.
(28) Possessed or displayed
a badge or shield displayed, while providing private protective services
services, a badge or shield that was not designed and approved by
the Board pursuant to G.S. 74C‑5(12).
(29) Failed or refused to reasonably cooperate with the Board or its agents during an investigation of any complaint, allegation, suspicion of wrongdoing, or violation of this Chapter.
(30) Failed to properly make any disclosure to the Board or provide documents or information required by this Chapter or rules adopted by the Board.
(31) Engaged in conduct constituting dereliction of duty or otherwise deceived, defrauded, or harmed the public in the course of professional activities or services.
(32) Demonstrated a lack of financial responsibility.
(b) The denial, revocation,
or suspension of a license, registration, or permit by the Board shall be in
writing, be signed by the Director of the Board, and state the grounds upon
which the Board decision is based. The aggrieved person shall have has
the right to appeal from this decision as provided in Chapter 150B of the
General Statutes. The aggrieved person shall file the appeal within 60 days of
receipt of the Board's decision.
(c) The following persons may
shall not be issued a license under this Chapter:
(1) A sworn court official.
(2) A holder of a company police commission under Chapter 74E of the General Statutes.
."
SECTION 10.(a) G.S. 90‑186 reads as rewritten:
"§ 90‑186. Special powers of the Board.
In addition to the powers set forth
in G.S. 90‑185 above, G.S. 90‑185, the
Board may:may do any of the following:
(1) Fix minimum standards for
continuing veterinary medical education for veterinarians and technicians,
which shall be technicians. These standards are a condition
precedent to the renewal of a veterinary license, limited license, veterinary
faculty certificate, zoo veterinary certificate, or veterinary technician registration,
respectively, registration under this Article;Article.
(2) Inspect any hospitals,
clinics, mobile units units, or other facilities used by any
practicing veterinarian, either by a member of the Board or its authorized
representatives, for the purpose of reporting the results of the inspection to
the Board on a form prescribed by the Board and seeking disciplinary action for
violations of health, sanitary, and medical waste disposal rules of the Board affecting
that affect the practice of veterinary medicine, or violations of
rules of any county, state, or federal department or agency having jurisdiction
in these areas of health, sanitation, and medical waste disposal that relate to
or affect the practice of veterinary medicine;medicine.
(3) (Contingent expiration
date See editor's note) Upon complaint or information received by the
Board, prohibit through summary emergency order of the Board, prior to a
hearing, the operation of any veterinary practice facility that the Board
determines is endangering, or may endanger, the public health or safety or the
welfare and safety of animals, and suspend the license of the veterinarian
operating the veterinary practice facility, provided that upon facility.
Upon the issuance of any summary emergency order, the Board shall initiate,
within 10 days, a notice of hearing under the administrative rules issued
pursuant to this Article and Chapter 150B of the General Statutes for an
administrative hearing on the alleged violation;violation.
(3) (Contingent effective date See editor's note) Upon complaint or information received by the Board, prohibit through summary emergency order of the Board, prior to a hearing, the operation of any veterinary facility that the Board determines is endangering, or may endanger, the public health or safety or the welfare and safety of animals, and suspend the license of the veterinarian operating the veterinary facility, provided that upon the issuance of any summary emergency order, the Board shall initiate, within 10 days, a notice of hearing under the administrative rules issued pursuant to this Article and Chapter 150B of the General Statutes for an administrative hearing on the alleged violation;
(4) Provide special
registration for "veterinary technicians," technicians"
and "veterinary student interns" and "veterinary student
preceptees" interns" and adopt rules concerning the
training, registration registration, and service limits of such
these assistants while employed by and acting under the supervision
and responsibility of veterinarians. The Board has exclusive jurisdiction in
determining eligibility and qualification requirements for these assistants.
Renewals of registrations for veterinary technicians shall be required at least
every 24 months, provided that so long as the certificate of
registration for the veterinary technician is otherwise eligible for renewal;renewal.
(5) Provide, pursuant to
administrative rules, requirements for the inactive status of licenses and
limited veterinary licenses;licenses.
(6) Set and require fees
pursuant to administrative rule. The Board may increase the following fees, provided
so long as (i) no fee shall be increased more than fifteen percent
(15%) within a calendar year and (ii) the cumulative total increases of any fee
shall not exceed one hundred percent (100%) of the fee amounts set in this
subdivision:
d. (Contingent expiration
date See editor's note) Inspection of a veterinary practice facility, resulting
from a serious inspection violation or as a result of the complaint, in the
amount of one hundred fifty fifty dollars ($150.00) ($150.00).
d. (Contingent effective date See editor's note) Inspection of a veterinary facility, resulting from a serious inspection violation or as a result of the complaint, in the amount of one hundred fifty dollars ($150.00).
(7) Pursuant to
administrative rule, to assess and recover against persons holding licenses,
limited licenses, temporary permits, or any certificates issued by the Board,
costs reasonably incurred by the Board in the investigation, prosecution,
hearing, or other administrative action of the Board in final decisions or
orders where those persons are found to have violated the Veterinary Practice
Act or administrative rules of the Board issued pursuant to the Act;
provided, that all Act. All recovered costs shall be are the
property of the Board.
(8) Pursuant to
administrative rule, the Board may establish all provisions and requirements
for a veterinary facility permit, the issuance of which shall be is required
for any facility where veterinary medicine is practiced, except for animal
shelters registered with the Department of Agriculture and Consumer Services.
."
SECTION 10.(b) G.S. 90‑186, as amended by subsection (a) of this section, reads as rewritten:
"§ 90‑186. Special powers of the Board.
In addition to the powers set forth in G.S. 90‑185, the Board may do any of the following:
(6) Set and require fees pursuant to administrative rule. The Board may increase the following fees, so long as (i) no fee shall be increased more than fifteen percent (15%) within a calendar year and (ii) the cumulative total increases of any fee shall not exceed one hundred percent (100%) of the fee amounts set in this subdivision:
d. (Contingent expiration date See editor's note) Inspection of a veterinary practice facility, in the amount of one hundred fifty dollars ($150.00).
d. (Contingent effective date See editor's note) Inspection of a veterinary facility, resulting from a serious inspection violation or as a result of a complaint, in the amount of one hundred fifty dollars ($150.00).
."
SECTION 10.(c) Subsection (a) of this section is effective retroactively to October 1, 2022. Subsection (b) of this section becomes effective 60 days after the date that the rules adopted pursuant to Section 4 of S.L. 2019‑170 become effective. Except as otherwise provided, this section is effective when it becomes law.
SECTION 11. G.S. 93B‑8.1 reads as rewritten:
"§ 93B‑8.1. Use of criminal history records.
(a) The following definitions apply in this section:
(1) Applicant. A person An
individual who makes application for licensure from an occupational
licensing board.a board.
(2) Board. An occupational licensing board or a State agency licensing board as defined in G.S. 93B‑1.
(3) Criminal history record. A State or federal history of conviction of a crime, whether a misdemeanor or felony, that bears upon an applicant's or a licensee's fitness to be licensed or disciplined.
(4) Licensee. A person An
individual who has obtained a license to engage in or represent himself or
herself to be a member of a particular profession or occupation.
(b) Unless federal law
governing a particular board provides otherwise, a board may deny an applicant
on the basis of a conviction of a crime only if the board finds that the
applicant's criminal conviction history is directly related to the duties and
responsibilities for the licensed occupation or the conviction is for a crime
that is violent or sexual in nature. Notwithstanding any other provision of
law, a board shall not automatically deny licensure on the basis of an
applicant's criminal history, and no board may shall deny an
applicant a license based on a determination that a conviction is for a crime
of moral turpitude. The board shall make its determination based on the factors
specified in subsection (b1).(b1) of this section.
(b1) Before a board may deny
an applicant a license due to a criminal conviction under subsection (b) of
this section, the board must shall specifically consider all of
the following factors:
(1) The level and seriousness of the crime.
(2) The date of the crime.
(3) The age of the person individual
at the time of the crime.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee.
(6) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
(6a) The completion of, or active participation in, rehabilitative drug or alcohol treatment.
(6b) A Certificate of Relief granted pursuant to G.S. 15A‑173.2.
(7) The subsequent commission of a crime by the applicant.
(8) Any affidavits or other written documents, including character references.
(b2) If the board denies an
applicant a license under this section, the board shall:shall do all
of the following:
(1) Make written findings
specifying the factors in subsection (b1) of this section the board deemed
relevant to the applicant and explaining the reason for the denial. The board's
presiding officer must shall sign the findings.
(2) Provide or serve a signed copy of the written findings to the applicant within 60 days of the denial.
(3) Retain a signed copy of the written findings for no less than five years.
(b3) Each board shall include
in its application for licensure and on its public Web site website all
of the following information:
(1) Whether the board requires applicants to consent to a criminal history record check.
(2) The factors considered
by the board under subsection (b1) of this section which the board shall
consider when making a determination of licensure.
(3) The appeals process pursuant to Chapter 150B of the General Statutes if the board denies an applicant licensure in whole or in part because of a criminal conviction.
(b4) If a board requires an
applicant to submit a criminal history record, the board shall require the
provider of the criminal history record to provide the applicant with access to
the applicant's criminal history record or otherwise deliver a copy of the
criminal history record to the applicant. If an applicant's criminal history
includes matters that will or may prevent the board from issuing a license to
the applicant, the board shall notify the applicant in writing of the specific
issues in sufficient time for the applicant to provide additional documentation
supporting the application for consideration by the board prior to any final
decision to deny the application. After being notified of any potential issue
with licensure due to one or more criminal conviction(s), convictions,
an applicant shall have 30 days to respond by either correcting any
inaccuracy in the criminal history record or submitting evidence of mitigation
or rehabilitation for consideration by the board.
(b5) If, following a hearing,
a board denies an application for licensure, the board's written order shall
include specific reference to any criminal conviction(s) conviction considered
as part or all of any basis for the denial and the rationale for the denial, as
well as a reference to the appeal process and the applicant's ability to
reapply. No applicant shall be restricted from reapplying for licensure for
more than two years from the date of the most recent application.
(b6) Notwithstanding any other
provisions in the law, an individual with a criminal history may petition a
board at any time, including before an the individual starts or
completes any mandatory education or training requirements, for a
predetermination of whether the individual's criminal history will likely
disqualify the individual from obtaining a license. This petition shall include
a criminal history record report obtained by the individual from a reporting
service designated by the board, the cost of which shall be borne by the applicant.
Criminal history records relating to a predetermination petition shall not
be considered are not public records under Chapter 132 of the
General Statutes. A board may predetermine that the petitioner's criminal
history is likely grounds for denial of a license only after the board has
applied the requirements of subsection (b) of this section. Each board shall
delegate authority for such a the predetermination to its Executive
Director executive director or their equivalent, equivalent
officer, or to a committee of the board, so that the
predeterminations can be made in a timely manner. No board member having served
on a predetermination committee for an individual shall be required to recuse
in any later determinations or hearings involving the same applicant. The board
shall inform the individual of the board's determination within 45 days of
receiving the petition from the individual. The board may charge a fee to
recoup its costs not to exceed forty‑five dollars ($45.00) for each
petition. If the board determines an applicant would likely be denied licensure
based on their the individual's criminal history, the board shall
notify the individual in writing of the following:
(1) The grounds and reasons for the predetermination.
(2) That the petitioner has
the right to complete any requirements for licensure and licensure,
to apply to the board board, and to have their the
petitioner's application considered by the board under its application
process.
(3) That further evidence of rehabilitation will be considered upon application.
(b7) A predetermination made
under subsection (b6) of this section that a petitioner's criminal
history would likely prevent them from licensure is not a final agency
decision and shall does not entitle the individual to any right
to judicial review under Article 4 of Chapter 150B of the General Statutes.
(b8) A predetermination made
under subsection (b6) of this section that a petitioner is eligible for a
license shall be is binding if both of the following apply:
(1) the The petitioner applies for
licensure and fulfills all other requirements for the occupational license license.
(2) and the The applicant's submitted
criminal history was correct and remains unchanged at the time of application
for a license.
(c) The board may deny
licensure to an applicant who refuses If a board requires an applicant to
consent to a criminal history record check or use of fingerprints or other
identifying information required by the State or National Repositories of
Criminal Histories.Histories, the board may deny licensure to an
applicant who refuses to consent.
(c1) Nothing in this section
or in G.S. 93B‑1 shall be construed as authorizing an
occupational licensing board or a State agency licensing authorizes a board
to require an applicant to consent to a criminal history record check or use of
fingerprints or other identifying information required by the State or National
Repositories of Criminal Histories as a condition of granting or renewing a
license.
(d) This section does not apply to The North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission."
SECTION 12. G.S. 130A‑115 reads as rewritten:
"§ 130A‑115. Death registration.
(a) A death certificate for
each death which that occurs in this State shall be filed with
the local registrar of the county in which the death occurred within five days
after the death. If the place of death is unknown, a death certificate shall be
filed within five days in the county where the dead body is found. If the death
occurs in a moving conveyance, a death certificate shall be filed in the county
in which the dead body was first removed from the conveyance.
(b) The funeral director or
person acting as such funeral director who first assumes custody
of a dead body shall file the death certificate with the local registrar. The
personal data shall be obtained from the next of kin or the best qualified
person or source available. The funeral director or person acting as such funeral
director is responsible for obtaining the medical certification of the
cause of death, stating facts relative to the date and place of burial, and
filing the death certificate with the local registrar within five days of the
death.
(c) The medical
certification shall be completed and signed by the physician in charge of the
patient's care for the illness or condition which that resulted
in death, except when the death falls within the circumstances described in G.S. 130A‑383.
In the absence of the physician or with the physician's approval, the
certificate may be completed and signed by an associate physician, a physician
assistant in a manner consistent with G.S. 90‑18.1(e1), a nurse
practitioner in a manner consistent with G.S. 90‑18.2(e1), the chief
medical officer of the hospital or facility in which the death occurred occurred,
or a physician who performed an autopsy upon the decedent under the
following circumstances: the individual has access to the medical history of
the deceased; the individual has viewed the deceased at or after death; and the
death is due to natural causes. In the absence of a treating physician,
physician assistant, or nurse practitioner in charge of the patient's care at
the time of death, the chief medical officer of the hospital or facility in
which the death occurred, or a physician performing an autopsy, any
individual otherwise authorized under this section, the death certificate
may be completed by any other physician, physician assistant, or nurse
practitioner who undertakes reasonable efforts to ascertain the events
surrounding the patient's death. When specifically approved by the State
Registrar, an electronic signature or facsimile signature of the physician,
physician assistant, or nurse practitioner shall be is acceptable.
As used in this section, the term electronic signature "electronic
signature" has the same meaning as applies in G.S. 66‑58.2.
The physician, physician assistant, or nurse practitioner shall state the cause
of death on the certificate in definite and precise terms. A certificate
containing any indefinite terms or denoting only symptoms of disease or
conditions resulting from disease as defined by the State Registrar, Registrar
shall be returned to the person making the medical certification for
correction and more definite statement.
(c1) A physician, physician
assistant, or nurse practitioner completing and signing a medical certification
in accordance with subsection (c) of this section shall is not be
liable in civil damages for any acts or omissions relating to the medical
certification so long as the cause of death is determined in good faith using
the individual's best clinical judgment and consistent with current guidance
provided by the applicable licensing board, unless the acts or omissions amount
to wanton conduct or intentional wrongdoing. This immunity is in addition to
any other legal immunity from liability to which these individuals may be
entitled.
(d) The physician, physician
assistant, nurse practitioner, or medical examiner making the medical
certification as to the cause of death shall complete the medical certification
no more than three days after death. The physician, physician assistant, nurse
practitioner, or medical examiner may, in appropriate cases, designate the
cause of death as unknown pending an autopsy or upon some other reasonable
cause for delay, delay but shall send the supplementary
information to the local registrar as soon as it is obtained.
(e) In the case of death or
fetal death without medical attendance, it shall be is the duty
of the funeral director or person acting as such funeral director and
any other person having knowledge of the death to notify the local medical
examiner of the death. The body shall not be disposed of or removed without the
permission of the medical examiner. If there is no county medical examiner, the
Chief Medical Examiner shall be notified.
(f) A physician, physician
assistant, or nurse practitioner, who completes a death certificate in good faith,
and without fraud or malice, shall be is immune from civil
liability or professional discipline.
(g) Beginning September 1, 2022, death certificates
shall be filed electronically with the Office of Vital Records via the North
Carolina Database Application for Vital Events (NCDAVE) system. No individual
responsible for the certification of a death pursuant to subsection (c) of this
section shall fail or refuse to certify the death certificate via the
designated electronic death registration system. Notwithstanding subsection (f)
of this section, any individual who willfully and knowingly violates this
requirement may be assessed an administrative penalty of two hundred fifty
dollars ($250.00) for the first violation, five hundred dollars ($500.00) for the
second violation, and one thousand dollars ($1,000.00) for the third and each
subsequent violation.
(h) Beginning September
1, 2022, death Death certificates shall be filed electronically with
the Office of Vital Records via the North Carolina Database Application for
Vital Events (NCDAVE) system. No individual responsible for the certification
of a death pursuant to subsection (c) of this section shall fail or refuse to
certify the death certificate via the designated electronic death registration
system. Notwithstanding subsection (f) of this section, the Department may
impose an administrative penalty against any individual who willfully and
knowingly violates this requirement in the amount of two hundred fifty dollars
($250.00) for the first violation, five hundred dollars ($500.00) for the
second violation, and one thousand dollars ($1,000) for the third and each
subsequent violation.
(i) The clear proceeds of penalties assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 13. G.S. 130A‑309.06(a)(12) is recodified as the second sentence of G.S. 143B‑135.204(a). G.S. 143B‑135.204 reads as rewritten:
"§ 143B‑135.204. Powers and duties of the Secretary.
(a) Operation of Park. The
Secretary of the Department of Natural and Cultural Resources may adopt rules
governing the operation of the Zoological Park, including rules regulating its
use and enjoyment by the public. Provide The Department must provide and
maintain recycling bins for the collection and recycling of newspaper, aluminum
cans, glass containers, and recyclable plastic beverage containers at the North
Carolina Zoological Park.
."
SECTION 14. G.S. 130A‑440.1 reads as rewritten:
"§ 130A‑440.1. Early Childhood Vision Care.
(a) Vision Screening
Required for Children Entering Kindergarten. Every child in this State
entering kindergarten in the public schools, beginning with the 2007‑2008
school year, schools shall obtain vision screening in accordance
with vision screening standards adopted by the Governor's Commission on Early
Childhood Vision Care. screening. Within 180 days of the start of
the school year, the parent of the child shall present to the school principal
or the principal's designee certification that the child has, within the past
12 months, obtained vision screening conducted by a licensed physician,
optometrist, physician assistant, nurse practitioner, registered nurse,
orthoptist, or a vision screener certified by Prevent Blindness North Carolina,
or a comprehensive eye examination performed by an ophthalmologist or
optometrist. The health assessment transmittal form required pursuant to
G.S. 130A‑440 qualifies as certification that the child has obtained
the required vision screening. All providers conducting vision screening shall
provide each parent in writing the results of the vision screening on forms
bearing the signature of the provider supplied to the provider by the
Governor's Commission on Early Childhood Vision Care. provider. The
provider shall also orally communicate this information to the parent and shall
take reasonable steps to ensure that the parent understands the information
communicated. In the instance where a child enters the first grade without
having been enrolled in a kindergarten program requiring a vision screening,
the requirements for vision screening under this subsection shall apply.
comprehensive eye examination
pursuant to the terms of this section not more than six months prior to the
date of school entry
(a1) Comprehensive Eye
Examination. For children who receive and fail to pass a vision screening as
required under subsection (a) of this section, a comprehensive eye examination
is required. If a public school teacher, administrator, or other appropriate
school personnel has reason to believe that a child enrolled in kindergarten
through third grade is having problems with vision, the school personnel may
recommend to the child's parent that the child have a comprehensive eye
examination. Notification to the parent shall also inform the parent that
funds may be available from the Governor's Commission on Early Childhood Vision
Care to pay providers for the examination, including corrective lenses.
The comprehensive eye examination
shall be conducted by a duly licensed optometrist or ophthalmologist. The
comprehensive eye examination conducted pursuant to this section shall consist
of a complete and thorough examination of the eye and shall include:include
the following:
(1) Measurement of visual acuity;acuity.
(2) Ocular alignment and motility;motility.
(3) Depth perception stereopsis;stereopsis.
(4) Fusion;Fusion.
(5) Slit lamp examination of
the lid margins, conjunctivae, cornea, anterior chamber, iris, and crystalline lens;lens.
(6) Examination of the ocular
adnexa, the anterior segment, and pupils; andpupils.
(7) Cycloplegic refraction and dilated fundus examination.
Health assessment vision screening under G.S. 130A‑440 is not a comprehensive eye examination for purposes of this section.
(b) Repealed by Session Laws 2006‑240, s. 1(a), effective August 13, 2006.
(c) The results of a
comprehensive eye examination conducted under this section shall be included
on the comprehensive eye examination transmittal form developed by the Commission
pursuant to G.S. 143B‑216.75 and shall contain a summary of the
comprehensive eye examination performed by the optometrist or
ophthalmologist. Any treatment recommendations by the optometrist or
ophthalmologist, such as spectacles for schoolwork, shall appear in the summary
and school health card. The provider shall present a signed transmittal form to
the parent upon completion of the examination. The parent shall submit the
transmittal form to the school in accordance with this section.
(d) Repealed by Session Laws 2006‑240, s. 1(a), effective August 13, 2006.
(e) G.S. 130A‑441, 130A‑442, and 130A‑443, pertaining to health assessments, apply to comprehensive eye examinations required under this section.
(f) No child shall be
excluded from attending school for a parent's failure to obtain a comprehensive
eye examination required under this section. If a parent fails or refuses to
obtain a comprehensive eye examination or to provide the certification of a
comprehensive eye examination, the school shall send a written reminder to the
parent of required eye examinations and shall include information about
funds that may be available from the Governor's Commission on Early Childhood
Vision Care.examinations.
(g) In adopting standards for vision screening under
this section and as required under G.S. 130A‑440, the Commission shall
take into account the resources necessary to comply with the standards and, if
standards will require additional resources, shall mitigate the impact on
resources without compromising vision screening effectiveness.
(h) As used in this section, the term "parent" means the parent, guardian, or person standing in loco parentis."
SECTION 15. G.S. 150B‑21.12 reads as rewritten:
"§ 150B‑21.12. Procedure when Commission objects to a permanent rule.
(a) Action. When the Commission objects to a permanent rule, it must send the agency that adopted the rule a written statement of the objection and the reason for the objection. The agency that adopted the rule must take one of the following actions:
(1) Change the rule to satisfy the Commission's objection and submit the revised rule to the Commission.
(2) Submit a written response to the Commission indicating that the agency has decided not to change the rule.
(c) Changes. When an agency
changes a rule in response to an objection by the Commission, the Commission
must determine whether the change satisfies the Commission's objection. If it
does, the Commission must approve the rule. If it does not, the Commission must
send the agency a written statement of the Commission's continued objection and
the reason for the continued objection. The Commission must also determine
whether the change is substantial. In making this determination, the Commission
shall must use the standards set forth in G.S. 150B‑21.2(g).
If the change is substantial, the revised rule shall must be
published and reviewed in accordance with the procedure set forth in
G.S. 150B‑21.1(a3) and (b).
(d) Return of Rule. A rule to which the Commission has objected remains under review by the Commission until the agency that adopted the rule decides not to satisfy the Commission's objection and makes a written request to the Commission to return the rule to the agency. When the Commission returns a rule to which it has objected, it must notify the Codifier of Rules of its action. If the rule that is returned would have increased or decreased expenditures or revenues of a unit of local government, the Commission must also notify the Governor of its action and must send a copy of the record of the Commission's review of the rule to the Governor. The record of review consists of the rule, the Commission's letter of objection to the rule, the agency's written response to the Commission's letter, and any other relevant documents before the Commission when it decided to object to the rule.
Regulatory Reform"
SECTION 16. G.S. 160D‑1110 reads as rewritten:
"§ 160D‑1110. Building permits.
(a) Except as provided in subsection (c) of this section, no person shall commence or proceed with any of the following without first securing all permits required by the State Building Code and any other State or local laws applicable to any of the following activities:
(1) The construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building or structure.
(2) The installation,
extension, or general repair of any plumbing system system, except
that in any one‑ or two‑family dwelling unit a permit is not
required for the connection of a water heater that is being replaced if (i) the
work is performed by a person licensed under G.S. 87‑21 who
personally examines the work at completion and ensures that a leak test has
been performed on the gas piping, piping and (ii) the energy use
rate or thermal input is not greater than that of the water heater that is
being replaced, there is no change in fuel, energy source, location, capacity,
or routing or sizing of venting and piping, and the replacement is installed in
accordance with the current edition of the State Building Code.
However, a building permit is not
required for the installation, maintenance, or replacement of any load control
device or equipment by an electric power supplier, as defined in G.S. 62‑133.8,
or an electrical contractor contracted by the electric power supplier, so long
as the work is subject to supervision by an electrical contractor licensed
under Article 4 of Chapter 87 of the General Statutes. The electric power
supplier shall provide such the installation, maintenance, or
replacement in accordance with (i) an activity or program ordered, authorized,
or approved by the North Carolina Utilities Commission pursuant to G.S. 62‑133.8
or G.S. 62‑133.9 or (ii) a similar program undertaken by a municipal
electric service provider, whether the installation, modification, or
replacement is made before or after the point of delivery of electric service
to the customer. The This exemption under this subsection applies
to all existing installations.
(b) A building permit shall
be in writing and shall contain a provision that the work done shall comply
with the North Carolina State Building Code and all other applicable State and
local laws. Nothing in this section requires a local government to review and
approve residential building plans submitted to the local government pursuant
to the North Carolina Residential Code, provided that so long as the
local government may review and approve the residential building plans as it
deems necessary. If a local government chooses to review residential building
plans for any structures subject to regulation under the North Carolina
Residential Code for One‑ and Two‑Family Dwellings, all initial
reviews for the building permit must shall be performed within 15
business days of submission of the plans. A local government shall not require
residential building plans for one‑ and two‑family dwellings to be
sealed by a licensed engineer or licensed architect unless required by the
North Carolina State Building Code. No building permits shall be issued unless
the plans and specifications are identified by the name and address of the
author thereof, and, if their author. If the General Statutes of
North Carolina require that plans for certain types of work be prepared
only by a licensed architect or licensed engineer, no building permit shall be
issued unless the plans and specifications bear the North Carolina seal of a
licensed architect or of a licensed engineer. When any provision of the General
Statutes of North Carolina or of any ordinance or development or zoning
regulation requires that work be done by a licensed specialty contractor of any
kind, no building permit for the work shall be issued unless the work is to be
performed by such a duly licensed contractor.
(c) No permit issued under
Article 9 or 9C of Chapter 143 of the General Statutes is required for
any construction, installation, repair, replacement, or alteration costing
twenty thousand dollars ($20,000) or less and performed in accordance with
the current edition of the North Carolina State Building Code costing twenty
thousand dollars ($20,000) or less in any single‑family residence,
farm building, or commercial building unless the work involves any of the
following:
(1) The addition, repair, or replacement of load‑bearing structures. However, no permit is required for replacement of windows, doors, exterior siding, or the pickets, railings, stair treads, and decking of porches and exterior decks that otherwise meet the requirements of this subsection.
(2) The addition or change in the design of plumbing. However, no permit is required for replacements otherwise meeting the requirements of this subsection that do not change size or capacity.
(3) The addition, replacement, or change in the design of heating, air‑conditioning, or electrical wiring, devices, appliances, or equipment, other than like‑kind replacement of electrical devices and lighting fixtures.
(4) The use of materials not permitted by the North Carolina State Building Code.
(5) The addition (excluding
replacement) of roofing.roofing, excluding replacement.
(6) Any changes to which the North Carolina Fire Prevention Code applies.
(d) A local government shall
not require more than one building permit for the complete installation or
replacement of any natural gas, propane gas, or electrical appliance on an
existing structure when the installation or replacement is performed by a
person licensed under G.S. 87‑21 or G.S. 87‑43. The cost
of the building permit for such this work shall not exceed the
cost of any one individual trade permit issued by that local government, nor
shall the government. The local government shall not increase
the costs of any fees to offset the loss of revenue caused by this provision.
(e) No building permit shall
be issued pursuant to subsection (a) of this section for any land‑disturbing
activity, as defined in G.S. 113A‑52(6), G.S. 113A‑52,
or for any activity covered by G.S. 113A‑57, unless an erosion
and sedimentation control plan for the site of the activity or a tract of land
including the site of the activity has been approved under Article 4 of
Chapter 113A of the General Statutes, the Sedimentation Pollution Control
Act.
(f) No building permit shall be issued pursuant to
subsection (a) of this section for any land‑disturbing activity that is
subject to, but does not comply with, the requirements of G.S. 113A‑71.
(g) No building permit shall
be issued pursuant to subdivision (1) of subsection (a) of this section where
the cost of the for work is costing thirty thousand
dollars ($30,000) or more, other than for improvements to an existing single‑family
residential dwelling unit as defined in G.S. 87‑15.5(7) that the
owner occupies as a residence, or for the addition of an accessory building or
accessory structure as defined in the North Carolina Uniform Residential
Building Code, the use of which is incidental to that residential dwelling
unit, more unless the name, physical and mailing address, telephone
number, facsimile number, and electronic mail email address of
the lien agent designated by the owner pursuant to G.S. 44A‑11.1(a) is
are conspicuously set forth in the permit or in an attachment thereto.
The building permit may contain the lien agent's electronic mail address. to
the permit. This condition does not apply to improvements to an existing single‑family
residential dwelling unit as defined in G.S. 87‑15.5 that the owner
occupies as a residence or to the addition of an accessory building or
accessory structure as defined in the North Carolina Uniform Residential
Building Code, the use of which is incidental to that residential dwelling
unit. The lien agent information for each permit issued pursuant to this
subsection shall be maintained by the inspection department in the same manner
and in the same location in which it maintains its record of building permits
issued. Where When the improvements to a real property leasehold
are limited to the purchase, transportation, and setup of a manufactured home,
as defined in G.S. 143‑143.9(6), G.S. 143‑143.9,
the purchase price of the manufactured home shall be is excluded
in determining whether the cost of the work is thirty thousand dollars
($30,000) or more.
(h) No local government may
shall withhold a building permit or certificate of occupancy that otherwise
would be eligible to be issued under this section to compel, with respect to
another property or parcel, completion of work for a separate permit or
compliance with land‑use regulations under this Chapter unless otherwise
authorized by law or unless the local government reasonably determines the
existence of a public safety issue directly related to the issuance of a
building permit or certificate of occupancy.
(i) Violation of this
section constitutes is a Class 1 misdemeanor."
SECTION 17. Section 12 of S.L. 2012‑149 reads as rewritten:
"SECTION 12. Section 5 is effective on and after the date that a
magistrate is appointed by the chief district court judge to perform the
function set forth in that section. Sections
3, 4, and 11 of this act become effective December 1, 2012, and apply to
offenses committed on or after that date. The remainder of this act is
effective when it becomes law. Sections 6, 7, 8, 9, and 10 apply beginning with
the 2012‑2013 school year."
SECTION 18.(a) Section 34.3B(c) of S.L. 2021‑180 reads as rewritten:
"SECTION 34.3B.(c)
This section is effective for taxable years beginning on or after January 1,
2021, January 1, 2020, and applies to amounts received by a taxpayer
on or after that date."
SECTION 18.(b) The introductory language of Section 6.5(a) of S.L. 2021‑189 reads as rewritten:
"SECTION 6.5.(a)
Section 34.3A(h) of S.L. 2021‑280 S.L. 2021‑180 reads
as rewritten:"
SECTION 19. Section 40.3(f) of S.L. 2021‑180, as enacted by Section 18.2 of S.L. 2022‑6, reads as rewritten:
"SECTION 40.3.(f)
Notwithstanding any other provision of law to the contrary, there shall be no
local match required for the North Topsail Beach Shoreline Protection Phases
1‑4 project referenced in subsection (b) subsection (c) of
this section."
SECTION 20.(a) Section 7(c) of S.L. 2022‑73, as amended by Section 5.2(a) of S.L. 2022‑72, reads as rewritten:
"SECTION 7.(c) This section is effective when it becomes law and applies to vacancies occurring on or after that date."
SECTION 20.(b) This section is effective retroactively to July 11, 2022.
SECTION 21.(a) The introductory language of Section 15.3(f) of S.L. 2022‑74 reads as rewritten:
"SECTION 15.3.(f) G.S. 112‑275(c1)
G.S. 113‑275(c1) reads as rewritten:"
SECTION 21.(b) This section becomes effective July 1, 2023.
SECTION 22.(a) Section 20.4(b) of S.L. 2022‑74 reads as rewritten:
"SECTION 20.4.(b) G.S. 147‑69.2(22)
G.S. 147‑69.22(a)(22) and G.S. 147‑69.6A are
repealed."
SECTION 22.(b) This section is effective retroactively to July 1, 2022.
SECTION 23.(a) The introductory language of Section 39.16 of S.L. 2022‑74 reads as rewritten:
"SECTION 39.16. Section 39.15A(b) of S.L. 2021‑180 reads as rewritten:"
SECTION 23.(b) This section is effective retroactively to July 1, 2022.
SECTION 24. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 7th day of June, 2023.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 4:02 p.m. this 16th day of June, 2023