GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S 3

SENATE BILL 582*

House Committee Substitute Favorable 6/28/17

Third Edition Engrossed 6/28/17

Short Title: Agency Technical Corrections.		(Public)
Sponsors:
Referred to:

April 4, 2017

A BILL TO BE ENTITLED

AN ACT to make Agency technical corrections.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 14‑27.23(c) and G.S. 14‑27.28(c) are repealed.

SECTION 1.5. G.S. 14‑208.18(c) reads as rewritten:

"(c) The subdivisions of subsection (a) of this section are applicable as follows:

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(2) Subdivision (2) of subsection (a) of this section applies to persons required to register under this Article if either of the following applies:

a. The person has committed any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in Article 7B of this Chapter, and a finding has been made in any criminal or civil proceeding that the person presents, or may present, a danger to minors under the age of 18.

b. The person has committed any offense where the victim of the offense was under the age of 18 years at the time of the ~~offense.~~offense or has committed an offense in violation of G.S. 14‑202.3."

SECTION 2. G.S. 14‑313(d) reads as rewritten:

"(d) Sending or assisting a person less than 18 years to purchase or receive tobacco products or cigarette wrapping papers. � If any person shall send a person less than 18 years of age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco products or cigarette wrapping papers, the person shall be guilty of a Class 2 ~~misdemeanor; provided, however, persons~~ misdemeanor. The following exceptions to this subsection apply:

(1) Persons under the age of 18 may be enlisted by police or local sheriffs' departments to test compliance if the testing is under the direct supervision of that law enforcement department and written parental consent is ~~provided;~~ provided.

(2) The Department of Health and Human Services may enlist persons under the age of 18 to test compliance under Subchapter IX of Chapter 9 of Title 21 of the United States Code if testing is under the direct supervision of commissioned officers of the federal Food and Drug Administration and written parental consent is provided.

(3) ~~provided further, that the~~ The Department of Health and Human Services shall have the authority, pursuant to a written plan prepared by the Secretary of Health and Human Services, to use persons under 18 years of age in annual, random, unannounced inspections, provided that prior written parental consent is given for the involvement of these persons and that the inspections are conducted for the sole purpose of preparing a scientifically and methodologically valid statistical study of the extent of success the State has achieved in reducing the availability of tobacco products to persons under the age of 18, and preparing any report to the extent required by section 1926 of the federal Public Health Service Act (42 USC § 300x‑26)."

SECTION 2.5.(a) G.S. 18B‑1000 reads as rewritten:

"§ 18B‑1000. Definitions concerning establishments.

The following requirements and definitions shall apply to this Chapter:

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(11) Sports and entertainment venue. � Stadiums, ballparks, and other similar facilities with a permanently constructed seating capacity of 3,000 or more which are not located on the campus of a school, college, or university."

SECTION 2.5.(b) G.S. 18B‑1001 reads as rewritten:

"§ 18B‑1001. Kinds of ABC permits; places eligible.

When the issuance of the permit is lawful in the jurisdiction in which the premises are located, the Commission may issue the following kinds of permits:

(1) On‑Premises Malt Beverage Permit. � An on‑premises malt beverage permit authorizes (i) the retail sale of malt beverages for consumption on the premises, (ii) the retail sale of malt beverages in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of malt beverages in a cleaned, sanitized, resealable container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled. It also authorizes the holder of the permit to ship malt beverages in closed containers to individual purchasers inside and outside the State. The permit may be issued for any of the following:

a. Restaurants;

b. Hotels;

c. Eating establishments;

d. Food businesses;

e. Retail businesses;

f. Private clubs;

g. Convention centers;

h. Community theatres;

i. Breweries as authorized by G.S. 18B‑1104(7) and ~~(8).~~(8);

j. Sports and entertainment venues.

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(3) On‑Premises Unfortified Wine Permit. � An on‑premises unfortified wine permit authorizes (i) the retail sale of unfortified wine for consumption on the premises, either alone or mixed with other beverages, (ii) the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of unfortified wine dispensed from a tap connected to a pressurized container utilizing carbon dioxide or similar gas into a cleaned, sanitized, resealable container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled. The permit also authorizes the permittee to transfer unfortified wine, not more than four times per calendar year, to another on‑premises unfortified wine permittee that is under common ownership or control as the transferor. Except as authorized by this subdivision, transfers of wine by on‑premises unfortified wine permittees, purchases of wine by a retail permittee from another retail permittee for the purpose of resale, and sale of wine by a retail permittee to another retail permittee for the purpose of resale are unlawful. In addition, a particular brand of wine may be transferred only if both the transferor and transferee are located within the territory designated between the winery and the wholesaler on file with the Commission. Prior to or contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer. The notice shall be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred. The holder of the permit is authorized to ship unfortified wine in closed containers to individual purchasers inside and outside the State. Orders received by a winery by telephone, Internet, mail, facsimile, or other off‑premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision. The permit may be issued for any of the following:

a. Restaurants;

b. Hotels;

c. Eating establishments;

d. Private clubs;

e. Convention centers;

f. Cooking schools;

g. Community theatres;

h. Wineries;

i. Wine ~~producers.~~producers;

j. Sports and entertainment venues.

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(10) Mixed Beverages Permit. � A mixed beverages permit authorizes the retail sale of mixed beverages for consumption on the premises. The permit also authorizes a mixed beverages permittee (i) to obtain a purchase‑transportation permit under G.S. 18B‑403 and 18B‑404, (ii) to obtain an antique spirituous liquor permit under subdivision (20) of this section, and (iii) to use for culinary purposes spirituous liquor lawfully purchased for use in mixed beverages. The permit may be issued for any of the following:

a. Restaurants;

b. Hotels;

c. Private clubs;

d. Convention centers;

e. Community theatres;

f. Nonprofit organizations; and

g. Political ~~organizations.~~organizations;

h. Sports and entertainment venues.

�."

SECTION 3. G.S. 18C‑112(a) reads as rewritten:

"(a) Of the members of the Commission appointed by the Governor, at least one member shall have a minimum of five years' experience in law enforcement. Notwithstanding subsection (e) of this section, a member serving in this slot may be an elected law enforcement official."

SECTION 4. G.S. 28A‑2B‑2 reads as rewritten:

"§ 28A‑2B‑2. Venue.

The venue for a petition under G.S. 28A‑2B‑1 is the county of this State in which the petitioner whose will or codicil is the subject of the petition ~~is domiciled.~~resides."

SECTION 5.(a) G.S. 39‑35 reads as rewritten:

"§ 31D‑5‑505. Requisites of release ~~or limitation~~ as against creditors and purchasers for value.

No release ~~or limitation~~ of a power of appointment after March 8, 1943, which is made by the owner of the legal title to real property in this State shall be valid as against creditors and purchasers for a valuable consideration until an instrument in writing setting forth the release ~~or limitation~~ is executed and acknowledged in the manner required for a deed and recorded in the county where the real property is."

SECTION 5.(b) If House Bill 229, 2017 Regular Session, becomes law, the Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this section, as the Revisor may deem appropriate.

SECTION 6.(a) G.S. 36C‑5‑505 reads as rewritten:

"§ 36C‑5‑505. Creditor's claim against settlor.

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(c) Subject to the Uniform Voidable Transactions Act, Article 3A of Chapter 39 of the General Statutes, for purposes of this section, property contributed to the following trusts is not considered to have been contributed by the settlor and a person who would otherwise be treated as a settlor or a deemed settlor of the following trusts may not be treated as a settlor:

(1) If the settlor is a beneficiary after the death of the settlor's spouse:

a. An irrevocable inter vivos marital trust that is treated as a general power of appointment trust described in section 2523(e) of the Internal Revenue Code.

b. An irrevocable inter vivos marital trust that is treated as a qualified terminable interest trust under section 2523(f) of the Internal Revenue Code.

c. An irrevocable inter vivos trust of which the settlor's spouse is a beneficiary during the spouse's lifetime but which does not qualify for the federal gift tax marital deduction, and during the lifetime of the settlor's spouse (i) the settlor's spouse is the only beneficiary or (ii) the settlor's spouse and ~~the settlor's issue~~ any issue of the settlor or the settlor's spouse, or both, are the only beneficiaries.

d. Another trust, to the extent that the property of the other trust is attributable to property passing from a trust described in sub‑subdivisions a., b., and c. of this subdivision.

For purposes of this subdivision, notwithstanding the provisions of G.S. 36C‑1‑103(3), the settlor is a beneficiary whether so named under the initial trust instrument or through the exercise of a limited or general power of appointment.

(2) An irrevocable inter vivos trust for the benefit of a person if the settlor is the person's spouse, regardless of whether or when that person was a settlor of an irrevocable inter vivos trust for the benefit of the person's spouse.

For purposes of this subsection, the "settlor's spouse" refers to the person to whom the settlor was married at the time the irrevocable inter vivos trust was created, notwithstanding a subsequent dissolution of the marriage."

SECTION 6.(b) The Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this section, as the Revisor may deem appropriate.

SECTION 7. G.S. 42A‑37(a) reads as rewritten:

"(a) Any member of the Armed Forces of the United States who executes a vacation rental agreement and subsequently receives (i) an order for deployment with a military unit for a period overlapping with the rental period or (ii) permanent change of station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member's vacation rental agreement by providing the landlord or landlord's agent with a written notice of termination within 10 calendar days of receipt of the order. The notice must be accompanied by either a copy of the official military orders or a written verification signed by the member's commanding officer. Termination of a lease pursuant to this subsection is effective immediately upon receipt of the notice by the landlord or landlord's agent. All monies paid by the terminating member, with the exception of nonrefundable fees paid to third parties as described in ~~G.S. 42‑16(a),~~ G.S. 42A‑16, in connection with the vacation rental agreement shall be refunded to the member within 30 days of termination of the agreement."

SECTION 8. G.S. 45‑10 reads as rewritten:

"§ 45‑10. Substitution of trustees in mortgages and deeds of trust.

(a) In addition to the rights and remedies now provided by law, the holders or owners of a majority in amount of the indebtedness, notes, bonds, or other instruments evidencing a promise or promises to pay money and secured by mortgages, deeds of trust, or other instruments conveying real property, or creating a lien thereon, noteholders may, in their discretion, substitute a trustee whether the trustee then named in the instrument is the original or a substituted trustee or a holder or owner of any or all of the obligations secured thereby, by the execution of a written document properly recorded pursuant to Chapter 47 of the North Carolina General Statutes. An attorney who serves as the trustee or substitute trustee shall not represent either the noteholders or the interests of the borrower while initiating a foreclosure proceeding.

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(d) In this section, the term "noteholders" means the holders or owners of a majority in the amount of the indebtedness, notes, bonds, or other instruments evidencing a promise to pay money and secured by mortgages, deeds of trust, or other instruments conveying real property, or creating a lien thereon."

SECTION 10.(a) G.S. 58‑10‑345(g) reads as rewritten:

"(g) The Commissioner is authorized to retain legal, financial, and audit services from outside the Department, the costs of which shall be reimbursed by the business entity. G.S. 58‑2‑160 shall apply to ~~audits, investigations,~~ audits and processing conducted under the authority of this section."

SECTION 10.(b) G.S. 58‑10‑355 reads as rewritten:

"§ 58‑10‑355. Organizational audit.

In addition to the processing of the application, an organizational ~~investigation or~~ audit may be performed before an applicant business entity is licensed. Such investigation or audit shall consist of a general ~~survey~~ review of the applicant business entity's corporate records, including charters, bylaws, and minute books; verification of capital and surplus; verification of principal place of business; determination of assets and liabilities; and a review of such other factors as the Commissioner deems necessary."

SECTION 10.(c) G.S. 58‑10‑385(a) reads as rewritten:

"(a) Every captive insurance company shall report to the Commissioner within 30 days after any change in its executive officers or directors, including in its report a biographical affidavit for each new officer or director. The change shall be deemed approved unless it is disapproved within 30 days from the completion of the Commissioner's review of the biographical affidavit."

SECTION 11.(a) G.S. 58‑57‑90 reads as rewritten:

"§ 58‑57‑90. Credit property insurance; personal ~~household~~ property coverage.

(a) As used in this Article, the term "single interest credit property" insurance means insurance of the personal ~~household~~ property of the debtor against loss, with the creditor as sole beneficiary; and the term "dual credit property" insurance means insurance of personal ~~household~~ property of the debtor, with the creditor as primary beneficiary and the debtor as beneficiary of proceeds not paid to the creditor. For the purpose of this Article, "personal ~~household~~ property" means household furniture, ~~furnishings and~~ furnishings, appliances designed for household ~~use and~~ use, and other personal property of the debtor, exclusive of an automobile, not used by the debtor in a business trade or profession.

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SECTION 11.(b) G.S. 58‑57‑110(a) reads as rewritten:

"(a) ~~Each~~ Beginning September 1, 2018, and every third year thereafter, the Commissioner shall prescribe a minimum incurred loss ratio standard requirement to develop a premium rate reasonable in relation to the benefits provided by credit unemployment insurance coverage. This minimum incurred loss ratio standard shall be effective January 1 in the year after it is prescribed and shall remain in effect until a new minimum incurred loss ratio standard requirement is prescribed. The following requirements must be met:

�."

SECTION 12.(a) G.S. 66‑58 reads as rewritten:

"§ 66‑58. Sale of merchandise or services by governmental units.

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(4) ~~The operation of lunch counters by the Department of Health and Human Services as blind enterprises of the type operated on January 1, 1951, in State buildings in the City of Raleigh.~~The operation of food and vending services under Article 3 of Chapter 111 of the General Statutes.

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SECTION 12.(b) Article 3 of Chapter 111 of the General Statutes is amended by adding a new section to read:

"§ 111‑47.4. Food service at certain State properties or facilities.

Notwithstanding any other provision of this Article, the Department of Health and Human Services may operate or contract for the operation of food or vending services at State property or State facilities allocated to the Department of Administration or the Department of Insurance. The net proceeds of revenue generated by food and vending services at such State property or State facilities by the Department of Health and Human Services, or a vendor with whom the Department of Health and Human Services has contracted, shall be credited to the Division of Services for the Blind of the Department of Health and Human Services for the purposes specified in G.S. 111‑43. Nothing in this section shall be construed to remove an exemption granted in G.S. 111‑42(c)."

SECTION 12.(c) G.S. 146‑29.1 is amended by adding a new subsection to read:

"(i) This section shall not apply to leases entered into by the Department of Health and Human Services for the operation of food and vending services under Article 3 of Chapter 111 of the General Statutes."

SECTION 13.(a) G.S. 90‑92(a) reads as rewritten:

"(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:

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(5) Narcotic Drugs. � Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

b. Buprenorphine.

c. 2‑[(dimethylamino)methyl]‑1‑(3‑methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers (including tramadol)."

SECTION 13.(b) If House Bill 464, 2017 Regular Session, becomes law, the sub‑subdivision c. added to G.S. 90‑92(a)(5) by Section 6 of that act is repealed.

SECTION 13.(c) This section becomes effective December 1, 2017, and subsection (a) of this section applies to offenses committed on or after that date.

SECTION 14. G.S. 90‑113.74 reads as rewritten:

"§ 90‑113.74. Confidentiality.

(a) Prescription information submitted to the Department is privileged and confidential, is not a public record pursuant to G.S. 132‑1, is not subject to subpoena or discovery or any other use in civil proceedings, and except as otherwise provided below may only be used (i) for investigative or evidentiary purposes related to violations of State or federal law, (ii) for regulatory activities, or (iii) to inform medical records or clinical care. Except as otherwise provided by this section, prescription information shall not be disclosed or disseminated to any person or entity by any person or entity authorized to review prescription information.

(b) The Department may use prescription information data in the controlled substances reporting system only for purposes of implementing this Article in accordance with its provisions.

(b1) The Department may review the prescription information data in the controlled substances reporting system and upon review may:

(1) Notify practitioners that a patient may have obtained prescriptions for controlled substances in a manner that may represent abuse, diversion of controlled substances, or an increased risk of harm to the patient.

(2) Report information regarding the prescribing practices of a practitioner to the agency responsible for licensing, registering, or certifying the practitioner pursuant to rules adopted by the agency as set forth below in subsection (b2) of this section.

(b2) In order to receive a report pursuant to subdivision (2) of subsection (b1) of this section, an agency responsible for licensing, registering, or certifying a practitioner with prescriptive or dispensing authority shall adopt rules setting the criteria by which the Department may report the information to the agency. The criteria for reporting established by rule shall not establish the standard of care for prescribing or dispensing, and it shall not be a basis for disciplinary action by an agency that the Department reported a practitioner to an agency based on the criteria.

(1) Persons authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for their patients. A person authorized to receive data pursuant to this paragraph may delegate the authority to receive the data to other persons working under his or her direction and supervision, provided the Department approves the delegation.

(2) An individual who requests the individual's own controlled substances reporting system information.

(3) Special agents of the North Carolina State Bureau of Investigation who are assigned to the Diversion & Environmental Crimes Unit and whose primary duties involve the investigation of diversion and illegal use of prescription medication. SBI agents assigned to the Diversion & Environmental Crimes Unit may then provide this information to other SBI agents who are engaged in a bona fide specific investigation related to enforcement of laws governing licit drugs. The SBI shall notify the Office of the Attorney General of North Carolina of each request for inspection of records maintained by the Department.

(4) Primary monitoring authorities for other states pursuant to a specific ongoing investigation involving a designated person, if information concerns the dispensing of a Schedule II through V controlled substance to an ultimate user who resides in the other state or the dispensing of a Schedule II through V controlled substance prescribed by a licensed health care practitioner whose principal place of business is located in the other state.

(5) To a sheriff or designated deputy sheriff or a police chief or a designated police investigator who is assigned to investigate the diversion and illegal use of prescription medication or pharmaceutical products identified in Article 5 of this Chapter of the General Statutes as Schedule II through V controlled substances and who is engaged in a bona fide specific investigation related to the enforcement of laws governing licit drugs pursuant to a lawful court order specifically issued for that purpose.

(6) The Division of Medical Assistance for purposes of administering the State Medical Assistance Plan.

(7) Licensing boards with jurisdiction over health care disciplines pursuant to an ongoing investigation by the licensing board of a specific individual licensed by the board.

(8) Any county medical examiner appointed by the Chief Medical Examiner pursuant to G.S. 130A‑382 and the Chief Medical Examiner, for the purpose of investigating the death of an individual.

(9) The federal Drug Enforcement Administration's Office of Diversion Control.

(10) The North Carolina Health Information Exchange Authority (NC HIE Authority), established under Article 29B of this Chapter, through Web‑service calls.

(11) The North Carolina State Opioid Treatment Authority for purposes of approving, denying, or evaluating programs.

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(f) The Department shall, on a quarterly basis, purge from the controlled substances reporting system database all information more than six years old. The Department shall maintain in a separate database all information purged from the controlled substances reporting system database pursuant to this subsection and may release data from that separate database only as provided in subsection (d) of this section.

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SECTION 14.5.(a) If House Bill 701, 2017 Regular Session, becomes law, G.S. 93B‑1(b)(25) and G.S. 93B‑1(b)(50), as enacted by that act, are repealed.

SECTION 14.5.(b) G.S. 150B‑38(a) reads as rewritten:

"(a) The provisions of this Article shall apply to:

(1) Occupational licensing agencies.

(2) The State Banking Commission, the Commissioner of Banks, and the Credit Union Division of the Department of Commerce.

(3) The Department of Insurance and the Commissioner of Insurance.

(4) The State Chief Information Officer in the administration of the provisions of Article 14 of Chapter 143B of the General Statutes.

(5) The North Carolina State Building Code Council.

(6) The State Board of Elections in the administration of any investigation or audit under the provisions of Article 22A of Chapter 163 of the General Statutes.

(7) The North Carolina Criminal Justice Education and Training Standards Commission.

(8) The Sheriffs' Education and Training Standards Commission."

SECTION 15.(a) Section 7.18(b) of S.L. 2008‑107 is repealed.

SECTION 15.(b) Section 31.7(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 31.7.(b) Reporting. � The following reports are required:

(1) By ~~October 1, 2015,~~ October 15, 2017, and every six months thereafter, each State agency shall report on the status of agency capital projects to the Joint Legislative Commission on Governmental Operations.

(2) By ~~October 1, 2015,~~ October 15, 2017, and quarterly thereafter, each State agency shall report on the status of agency capital projects to the Fiscal Research Division of the General Assembly and to the Office of State Budget and Management."

SECTION 16. G.S. 143‑47.7 reads as rewritten:

"§ 143‑47.7. Notice and record of appointment required.

(a) Within 30 days after acceptance of appointment by a person appointed to public office, the appointing authority shall file written notice of the appointment with the Governor, the Secretary of State, the Legislative Library, ~~the State Library,~~ the State Ethics Commission, and the State Controller. For the purposes of this section, a copy of the letter from the appointing authority, a copy of the properly executed notice of appointment as set forth in subsection (c) of this section, or a copy of the properly executed Commission of Appointment shall be sufficient to be filed if the copy contains the information required in subsection (b) of this section.

(b) The notice required by this Article shall contain the following information:

(1) The name and office of the appointing authority;

(2) The public office to which the appointment is made;

(3) The name and address of the appointee;

(4) The county of residence of the appointee;

(5) The citation to the law or other authority authorizing the appointment;

(6) The specific statutory qualification for the public office to which the appointment is made, if applicable;

(7) The name of the person the appointee replaces, if applicable;

(8) The date the term of the appointment begins; and

(9) The date the term of the appointment ends.

"NOTICE OF APPOINTMENT

Notice is given that _________ is hereby appointed to the following

Name

public office:

Public Office: _________________________________________________________________

Citation to Law or Other Authority Authorizing the Appointment:

_______________________________________________________________________

Specific Statutory Qualification for the Public Office, if Applicable:

_______________________________________________________________________

Address of the Appointee: ______________________________________________________

_______________________________________________________________________

County of Residence of the Appointee: ____________________________________________

Date Term of Appointment Begins: _______________________________________________

Date Term of Appointment Ends: ___________________________________________

Name of Person the Appointee Replaces, if applicable:

_______________________________________________________________________

________________ ________________

Date of Appointment Signature

____________________________________

Office of Appointing Authority

Distribution:

Governor

Secretary of State

Legislative Library

~~State Library~~

State Ethics Commission

State Controller""

SECTION 17.(a) Subdivision (3) of G.S. 143‑320 is recodified as subdivision (3a) of G.S. 143B‑135.44.

SECTION 17.(b) Subsections (a) and (d) of G.S. 143‑323 are recodified as subsections (a) and (b) of G.S. 143B‑135.58, to be entitled "Additional powers and duties of the Department regarding recreation."

SECTION 17.(c) G.S. 143B‑135.58, as enacted by subsection (b) of this section, reads as rewritten:

"§ 143B‑135.58. Additional powers and duties of the Department regarding recreation.

(a) Recreation. � The Department ~~of Environmental Quality~~ shall have the following powers and duties with respect to recreation:

(1) To study and appraise the recreation needs of the State and to assemble and disseminate information relative to recreation.

(2) To cooperate in the promotion and organization of local recreation systems for counties, municipalities, and other political subdivisions of the State, to aid them in the administration, finance, planning, personnel, coordination and cooperation of recreation organizations and programs.

(3) To aid in recruiting, training, and placing recreation workers, and to promote recreation institutes and conferences.

(4) To establish and promote recreation standards.

(5) To cooperate with appropriate State, federal, and local agencies and private membership groups and commercial recreation interests in the promotion of recreation opportunities, and to represent the State in recreation conferences, study groups, and other matters of recreation concern.

(6) To accept gifts, devises, and endowments. The funds, if given as an endowment, shall be invested in securities designated by the donor, or if there is no such designation, in securities in which the State sinking fund may be invested. All such gifts and devises and all proceeds from such invested endowments shall be used for carrying out the purposes for which they were made.

(7) To advise agencies, departments, organizations and groups in the planning, application and use of federal and State funds which are assigned or administered by the State for recreation programs and services on land and water recreation areas and on which the State renders advisory or other recreation services or upon which the State exercises control.

(8) To act jointly, when advisable, with any other State, local or federal agency, institution, private individual or group in order to better carry out the Department's objectives and responsibilities.

(b) Federal Assistance. � The Department, with the approval of the Governor, may apply for and accept grants from the federal government and its agencies and from any foundation, corporation, association, or individual, and may comply with the terms, conditions, and limitations of the grant, in order to accomplish any of the purposes of the Department. Grant funds shall be expended pursuant to the ~~Executive Budget Act.~~State Budget Act. The Director of the Department's Division of Parks and Recreation shall be designated as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes, and the Secretary may designate additional personnel to assist the Director in the responsibilities imposed by this subsection."

SECTION 17.(d) G.S. 143‑166.13(a) reads as rewritten:

"(a) The following persons who are subject to the Criminal Justice Training and Standards Act are entitled to benefits under this Article:

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(21) Sworn State Law Enforcement Officers with the power of arrest, Department of Natural and Cultural Resources."

SECTION 18. G.S. 143‑548 reads as rewritten:

"§ 143‑548. Vocational Rehabilitation Council.

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(d1) Terms of Appointment. �

(1) Length of Term. � Each member of the Council shall serve for a term of not more than three years, except that:

a. A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of that term;

b. The terms of service of the members initially appointed are as specified by the appointing authority for a fewer number of years as will provide for the expiration of terms on a staggered basis and shall include the members of the existing Council to the extent possible with appropriate adjustments to their terms;

c. The appointing authority shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16; and

d. A member may continue to serve until a successor for the position is appointed;

(2) Number of Terms. � No member of the Council other than the representative of the Client Assistance ~~Program~~ Program, the representative of a parent training and information center, and the representative of the directors of projects carried out under section 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, may serve more than two consecutive full terms.

�."

SECTION 19. G.S. 143B‑68 reads as rewritten:

"§ 143B‑68. Public Librarian Certification Commission � members; selection; quorum; compensation.

The Public Librarian Certification Commission of the Department of Natural and Cultural Resources shall consist of five members as follows: (i) ~~the chairman of the North Carolina Association of Library Trustees, (ii)~~ the chairman of the public libraries section of the North Carolina Library Association, ~~(iii) an individual~~ (ii) two individuals named by the Governor upon the nomination of the North Carolina Library Association, ~~(iv)~~ (iii) the dean of a State or regionally accredited graduate school of librarianship in North Carolina appointed by the Governor and ~~(v)~~ (iv) one member at large appointed by the Governor.

The members shall serve four‑year terms or while holding the appropriate ~~chairmanships.~~chairmanship. Any appointment to fill a vacancy created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B‑13 of the Executive Organization Act of 1973.

The members of the Commission shall receive per diem, and necessary travel expenses in accordance with the provisions of G.S. 138‑5.

A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of the Department through the regular staff of the Department."

SECTION 20.(a) The title of Part 39 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:

"North Carolina Zoological ~~Park Council.~~Park."

SECTION 20.(b) Part 39 of Article 2 of Chapter 143B of the General Statutes, as amended by subsection (a) of this section, is amended by adding a new section to read:

"§ 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. Nothing in this subsection is intended to limit the power of the North Carolina Zoological Park Council to establish and set admissions fees as set forth in G.S. 143B‑135.205.

(b) Park Property. � The Secretary of the Department of Natural and Cultural Resources may acquire, dispose of, and develop Zoological Park property, both real and personal. A sale, lease, or trade under this subsection must be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums."

SECTION 21. G.S. 143B‑135.234(a) reads as rewritten:

"(a) Fund Established. � The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of ~~Environmental Quality.~~ Natural and Cultural Resources. The Fund receives revenue from the following sources and may receive revenue from other sources:

�."

SECTION 21.4.(a) G.S. 147‑86.70 reads as rewritten:

"§ 147‑86.70. Policy and definitions.

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(b) Definitions. � The following definitions apply in this section:

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(11) Representative payee. � Any individual who has been designated as a representative payee for an eligible individual by the Social Security Administration pursuant to 42 U.S.C. § 1007."

SECTION 21.4.(b) G.S. 147‑86.71 reads as rewritten:

"§ 147‑86.71. ABLE Program.

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(b) Accounts. � The following provisions apply to an ABLE account:

(1) An account ~~owner or contributor~~owner, contributor, or representative payee may establish an account by making an initial contribution to the ABLE Program Trust, signing an application form approved by the Board or its designee, and naming the designated beneficiary. If the contributor is not the account owner, the account owner or the account owner's guardian, trustee, or agent shall also sign the application form.

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(d) Limitations. � The Board, in administering the ABLE Program Trust, shall ensure each of the following:

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(9) A ~~trustee~~ trustee, representative payee, or guardian appointed as a signatory of an ABLE account does not have or acquire any beneficial interest in the account and administers the account for the benefit of the designated beneficiary."

SECTION 21.5(a) G.S. 95‑25.8 reads as rewritten:

"§ 95‑25.8. Withholding of wages.

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(a1) Notwithstanding subsection (a) of this section and except as provided in G.S. 143B‑426.40A and under federal law, an employer shall not withhold or divert any portion of an employee's wages for the purpose of paying a membership fee or dues to a membership association organized under 26 U.S.C. § 501(c)(5) or 26 U.S.C. § 501(c)(6).

�."

SECTION 21.5.(b) G.S. 95‑79 reads as rewritten:

"§ 95‑79. Certain agreements declared illegal.

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(b) Any provision that directly or indirectly conditions the purchase of agricultural ~~products or~~ products, the terms of an agreement for the purchase of agricultural ~~products~~ products, or the terms of an agreement not to sue or to settle litigation upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization is invalid and unenforceable as against public policy in restraint of trade or commerce in the State of North Carolina. For purposes of this subsection, the term "agricultural producer" means any producer engaged in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121."

SECTION 21.5.(c) Subsection (a) of this section is effective when it becomes law and applies to agreements between employers and employees or membership associations entered into, renewed, or extended on or after that date. Subsection (b) of this section is effective when it becomes law and applies to agreements and settlements entered into, renewed, or extended on or after that date.

SECTION 22.(a) G.S. 153A‑335, as amended by Section 2.5(a) of S.L. 2017‑10, reads as rewritten:

"§ 153A‑335. "Subdivision" defined.

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(c) The county ~~may~~ shall require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(1) The tract or parcel to be divided is not exempted under subdivision (2) of subsection (a) of this section.

(2) No part of the tract or parcel to be divided has been divided under this subsection in the 10 years prior to division.

(3) The entire area of the tract or parcel to be divided is greater than five acres.

(4) After division, no more than three lots result from the division.

(5) After division, all resultant lots comply with all of the following:

a. Any lot dimension size requirements of the applicable land‑use regulations, if any.

b. The use of the lots is in conformity with the applicable zoning requirements, if any.

c. A Each lot either fronts an existing public right‑of‑way or may be accessed by a recorded permanent means of ingress and ~~egress is recorded for each lot.~~egress, and such is indicated on the plat."

SECTION 22.(b) G.S. 160A‑376, as amended by Section 2.5(b) of S.L. 2017‑10, reads as rewritten:

"§ 160A‑376. Definition.

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(c) The city ~~may~~ shall require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(1) The tract or parcel to be divided is not exempted under subdivision (2) of subsection (a) of this section.

(2) No part of the tract or parcel to be divided has been divided under this subsection in the 10 years prior to division.

(3) The entire area of the tract or parcel to be divided is greater than five acres.

(4) After division, no more than three lots result from the division.

(5) After division, all resultant lots comply with all of the following:

a. Any lot dimension size requirements of the applicable land‑use regulations, if any.

b. The use of the lots is in conformity with the applicable zoning requirements, if any.

SECTION 22.(c) Section 2.5(c) of S.L. 2017‑10 reads as rewritten:

"SECTION 2.5.(c) This section becomes effective ~~July 1, 2017.~~August 1, 2017."

SECTION 22.(d) Subsection (c) of this section becomes effective July 1, 2017. The remainder of this section becomes effective August 1, 2017.

SECTION 23.(a) G.S. 159‑32 reads as rewritten:

"§ 159‑32. Daily deposits.

Except as otherwise provided by law, all taxes and other moneys collected or received by an officer or employee of a local government or public authority shall be deposited in accordance with this section. Each officer and employee of a local government or public authority whose duty it is to collect or receive any taxes or other moneys ~~shall~~ shall, on a daily basis, deposit ~~his~~ or submit to a properly licensed and recognized cash collection service all collections and ~~receipts daily. If~~ receipts. However, if the governing board gives its approval, deposits or submissions to a properly licensed and recognized cash collection service shall be required only when the moneys on hand amount to ~~as much as~~ two hundred fifty dollars ~~($250.00), but in any event a deposit shall be made on the last business day of the month.~~ ($250.00) or greater. Until deposited or officially submitted to a properly licensed and recognized cash collection service, all moneys must be maintained in a secure location. All deposits shall be made with the finance officer or in an official depository. Deposits in an official depository shall be immediately reported to the finance officer by means of a duplicate deposit ticket. The finance officer may at any time audit the accounts of any officer or employee collecting or receiving taxes or other moneys, and may prescribe the form and detail of these accounts. The accounts of such an officer or employee shall be audited at least annually."

SECTION 23.(b) This section becomes effective October 1, 2018.

SECTION 24. Section 3 of S.L. 2016‑81 reads as rewritten:

"SECTION 3. This act becomes effective ~~October 1, 2015.~~October 1, 2016."

SECTION 25. Section 3.3 of S.L. 2017‑10 reads as rewritten:

"SECTION 3.3. The Division of Waste Management of the Department of Environmental Quality shall examine whether solid waste management activities in the State are being conducted in a manner most beneficial to the citizens of the State in terms of efficiency and cost‑effectiveness, with a focus on solid waste disposal capacity across the State, particularly areas of the State that have insufficient disposal capacity, as well as areas of the State with disposal capacity that is underutilized, resulting in transport of waste to other jurisdictions. The Department shall develop economic estimates of the short‑ and long‑term costs of waste transport in these situations versus full utilization of capacity, or expansion of capacity, in the originating jurisdiction. The Department shall also provide information on landfill capacity that is permitted but not yet constructed and expansion opportunities for future landfill capacity. The Department shall submit a report, including any legislative recommendations, to the Environmental Review Commission no later than ~~May 1, 2017.~~March 1, 2018."

SECTION 26. Except as otherwise provided in this act, this act is effective when it becomes law.