GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 420

Short Title:  Omnibus Technical Amendments.	(Public)
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Sponsors: Representative Kennedy.
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Referred to:  Judiciary I.
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO MAKE VARIOUS TECHNICAL AMENDMENTS TO THE GENERAL STATUTES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  The first sentence of subsection (e) of Section 33 of Chapter 1066 of the 1989 Session Laws (1990 Regular Session) reads as rewritten:
"This section shall become effective July 15, 1990."
Sec. 2.  Chapter 823 of the 1989 Session Laws (1990 Regular Session) is amended:
(1)	In the introductory language of subdivision (4) by deleting "G.S. 122C-163(d)" and substituting in lieu thereof "G.S. 122C-263(d)";
(2)	In the introductory language of subdivision (5) by deleting "G.S. 122C-165(e)" and substituting in lieu thereof "G.S. 122C-265(e)".
Sec. 3.  Consistent with G.S. 97-1.1, the Revisor of Statutes is authorized to change the terms "Workmen's Compensation Act", "Workmen's Compensation", and "workmen's compensation"to "Workers' Compensation Act", "Workers' Compensation", and "workers' compensation", respectively, wherever these terms are used in the General Statutes.
Sec. 4.  (a)	G.S. 25-8-313(1)(j) reads as rewritten:
"(j)	With respect to the transfer of a security interest where the secured party is a financial intermediary and the security has already been transferred to the financial intermediary under paragraphs (a), (b), (c), (d), or (g), at the time the transferor has signed a security agreement containing a description of the security and value is given by the secured party."
(b)	G.S. 25-8-313(2) is amended by deleting the words "paragraphs (c), (d), (i), and (g)" and inserting in lieu thereof "paragraphs (c), (d), (i), and (g)".
(c)	G.S. 25-8-317(4) reads as rewritten:
"(4)	The interest of a debtor in a certificated security that is in the possession of or registered in the name of a financial intermediary or in an uncertificated security registered in the name of a financial intermediary may be reached by a creditor by legal process upon the financial intermediary on whose books the interest of the debtor appears."
Sec. 5.  G.S. 88-23.1(b)(2) is amended by deleting the period appearing in the phrase "ten thousand dollars ($10.000)" and inserting a comma in lieu thereof.
Sec. 6.  G.S. 90-202.8(a) is amended in the introductory language by deleting "General Assembly" and substituting in lieu thereof "General Statutes".
Sec. 7.  G.S. 106-65.31(a) and (b) are amended by deleting "G.S. 106-65.27(e)(3)" wherever this reference appears and substituting in lieu thereof "G.S. 106-65.27(d)(3)".
Sec. 8.  The catch line of G.S. 113-292 is amended by deleting the word "rule" in the phrase "in rule of inland fishing" and substituting in lieu thereof the word "regulation".
Sec. 9.  G.S. 115C-81(f)(1) is amended by deleting "G.S. 115C-81(f) and 115C-82" and substituting in lieu thereof the words "this subsection".
Sec. 10.  G.S. 115C-238.6(a) is amended by deleting "G.S. 115C-238.3(e)" and substituting in lieu thereof "G.S. 115C-238.3(d)".
Sec. 11.  G.S. 115D-90(d) reads as rewritten:
"(d)	Any license shall be restricted to the programs of instruction or courses or subjects specifically indicated in the application for a license.  The holder of a license shall present a supplementary application as may be directed by the President of the Community College System for approval of additional programs of instruction, courses, or subjects, in which it is desired to offer instruction during the effective period of the license."
Sec. 12.  The first paragraph of G.S. 119-18 reads as rewritten:
"For the purpose of defraying the expenses of enforcing the provisions of this Article there shall be paid to the Secretary of Revenue a charge of one fourth of one cent (1/4 of 1¢) per gallon upon all kerosene and motor fuel.  The inspection tax shall be due and payable at the same time that the per gallon excise tax is due and payable under the provisions of G.S. 105-434 to 105-436, and payment shall be made concurrently with payment of said per gallon excise tax, unless the Secretary of Revenue shall by rule and regulation prescribe other methods for the collection of such tax.  There shall, from time to time, be allotted by the Office of State Budget and Management, from the inspection fees collected under authority of the inspection laws of this State, such sums as may be necessary to administer and effectively enforce the provisions of the inspection laws."
Sec. 13.  The first sentence of G.S. 120-4.29 reads as rewritten:
"Except for the applications of the provisions of G. S. 110-136, and in connection with a court-ordered equitable distribution under G.S. 50-20, the right of a person to a pension, annuity, or retirement allowance, to the return of contributions, or to the receipt of the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Article, and the moneys in the various funds created by this Article, are exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as this Article specifically provides."
Sec. 14.  G.S. 125-11.9(1) is amended by deleting the words "this act" and substituting in lieu thereof the words "this Article".
Sec. 15.  G.S. 135-39.5B is amended by deleting the fifth sentence thereof as it appears in the November 1990 Replacement Pamphlet in the General Statutes.
Sec. 16.  G.S. 143-204.8(b) reads as rewritten:
"(b)	An allotment shall only be made under this section upon evidence submitted to the Governor and Council of State by the Secretary of Cultural Resources that during the immediately preceding season of production, the drama was operated at a deficit because of inclement weather or other circumstances beyond the control of the corporation or trust and that contributions or gifts made to the corporation or trust are deductible for income tax purposes under the Internal Revenue Code."
Sec. 17.  G.S. 143-299.3(b) is amended by deleting the words "this act" and substituting in lieu thereof the words "this section".
Sec. 18.  G.S. 161-10 is amended by deleting the words "G.S. 130-40 or".
Sec. 19.  (a)	The term "area mental health, mental retardation, and substance abuse director" is deleted wherever it appears in G.S. 7A-647(3), and the term "area mental health, developmental disabilities, and substance abuse director" is substituted in lieu thereof.
(b)	The term "Commission for Mental Health, Mental Retardation, and Substance Abuse Services" is deleted wherever it appears in G.S. 15A-1002, 20-179(m) and (t), 90-96.01(a), 131D-10.4, and 131D-32(g) and the term "Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services" is substituted in lieu thereof.
(c)	The terms "Area Mental Health, Mental Retardation, and Substance Abuse Authority", "Area Mental Health, Mental Retardation, and Substance Abuse Authorities", "area mental health, mental retardation, and substance abuse authority", and "area mental health, mental retardation, and substance abuse authorities"are deleted wherever they appear in G.S. 20-179(m), 90-96.01(a), 108A-103(b), 131D-3, and 131D-4, and the terms "Area Mental Health, Developmental Disabilities, and Substance Abuse Authority", "Area Mental Health, Developmental Disabilities, and Substance Abuse Authorities", "area mental health, developmental disabilities, and substance abuse authority", and "area mental health, developmental disabilities, and substance abuse authorities", respectively, are substituted in lieu thereof.
(d)	The term "Division of Mental Health, Mental Retardation and Substance Abuse Services" is deleted in G.S. 143B-153(8) and the term "Division of Mental Health, Developmental Disabilities and Substance Abuse Services" is substituted in lieu thereof.
Sec. 20.  (a)	G.S. 128-27(e)(5) is amended by deleting the words "of this section" in the phrase "subdivision (3a) of this section" and substituting in lieu thereof the words "of this subsection".
(b)	G.S. 163-278.42(d) is amended by deleting the words "section (e)" in the phrase "section (e) of this section" and substituting "subsection (e)" in lieu thereof.
Sec. 21.  This act is effective upon ratification.