GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	4 

SENATE BILL 590
Judiciary II/Election Laws Committee Substitute Adopted 5/4/95
House Committee Substitute Favorable 7/11/95
House Committee Substitute #2 Favorable 7/25/95

Short Title:  1995 Technical Corrections.	(Public)

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Sponsors:

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Referred to:  

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April 5, 1995

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO THE GENERAL STATUTES AND SESSION LAWS AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION AND TO MAKE OTHER CORRECTIONS AND TECHNICAL AND CONFORMING CHANGES TO THE GENERAL STATUTES AND SESSION LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1C-1807 reads as rewritten:
"§ 1C-1807.  Situations not covered by Article.
This Article does not prevent the recognition of foreign judgments in situations not covered by this Article."
Sec. 2.  Effective October 1, 1995, G.S. 7A-29(a) reads as rewritten:
"(a)	From any final order or decision of the North Carolina Utilities Commission not governed by subsection (b) of this section, the Department of Human Resources pursuant to G.S. 131E-188(b), the Commissioner of Banks pursuant to Articles 17, 18, and 18A of Chapter 53 of the General Statutes, the Administrator of Savings and Loans pursuant to Article 3A of Chapter 54B of the General Statutes, the North Carolina Industrial Commission, the North Carolina State Bar pursuant to G.S. 84-28, the Property Tax Commission pursuant to G.S. 105-290 and G.S. 105-342, the Board of State Contract Appeals pursuant to G.S. 143-135.9, the Commissioner of Insurance pursuant to G.S. 58-2-80, or the Secretary of Environment, Health, and Natural Resources under G.S. 104E-6.2, appeal as of right lies directly to the Court of Appeals."
Sec. 3.  G.S. 7A-41(c)(3) reads as rewritten:
"(3)	The change is approved by the county board of elections where the precinct is located, State Board of Elections and by the Secretary of State upon finding that the change:
a.	Will improve election administration; and
b.	Complies with subdivisions (1) and (2) of this subsection."
Sec. 4.  G.S. 7A-343.1 reads as rewritten:
"§ 7A-343.1.  Distribution of copies of the appellate division reports.
The Administrative Officer of the Courts shall, at the State's expense distribute such number of copies of the appellate division reports to federal, State departments and agencies, and to educational institutions of instruction, as follows:
Governor, Office of the	1
Lieutenant Governor, Office of the	1
Secretary of State, Department of the	2
State Auditor, Department of the	1
Treasurer, Department of the State	1
Superintendent of Public Instruction	1
Office of the Attorney General	11
State Bureau of Investigation	1
Agriculture, Department of	1
Labor, Department of	1
Insurance, Department of	1
Budget Bureau, Department of Administration	1
Property Control, Department of Administration	1
State Planning, Department of Administration	1
Board of Environment, Health, and Natural Resources	1
Revenue, Department of	1
Board of Human Resources	1
Commission for the Blind	1
Board of Transportation	1
Motor Vehicles, Division of	1
Utilities Commission	8
Industrial Commission	11
Office of Administrative Hearings	2
Community Colleges, Department of	38
Employment Security Commission	1
Commission of Correction	1
Parole Commission	1
Archives and History, Division of	1
Crime Control and Public Safety, Department of	2
Department of Cultural Resources	3
Legislative Building Library	2
Justices of the Supreme Court	1 ea.
Judges of the Court of Appeals	1 ea.
Judges of the Superior Court	1 ea.
Clerks of the Superior Court	1 ea.
District Attorneys	1 ea.
Emergency and Special Judges of the Superior Court	1 ea.
Supreme Court Library	AS MANY AS REQUESTED
Appellate Division Reporter	1
University of North Carolina, Chapel Hill	71
University of North Carolina, Charlotte	1
University of North Carolina, Greensboro	1
University of North Carolina, Asheville	1
North Carolina State University, Raleigh	1
Appalachian State University	1
East Carolina University	1
Fayetteville State University	1
North Carolina Central University	17
Western Carolina University	1
Duke University	17
Davidson College	2
Wake Forest University	25
Lenoir Rhyne College	1
Elon College	1
Campbell University	25
Federal, Out-of-State and Foreign Secretary of State	1
Secretary of Defense	1
Secretary of Health, Education and Welfare	1
Secretary of Housing and Urban Development	1
Secretary of Transportation	1
Attorney General	1
Department of Justice	1
Internal Revenue Service	1
Veterans' Administration	1
Library of Congress	5
Federal Judges resident in North Carolina	1 ea.
Marshal of the United States Supreme Court	1
Federal District Attorneys resident in North Carolina	1 ea.
Federal Clerks of Court resident in North Carolina	1 ea.
Supreme Court Library exchange list	1
Each justice of the Supreme Court and judge of the Court of Appeals shall receive for his private use, one complete and up-to-date set of the appellate division reports.  The copies of reports furnished each justice or judge as set out in the table above may be retained by him personally to enable him to keep up-to-date his personal set of reports."
Sec. 5.  G.S. 7A-675(a) reads as rewritten:
"(a)	The clerk of superior court shall maintain a complete record of all juvenile cases filed in the clerk's office to be known as the juvenile record, which shall be withheld from public inspection and, except as provided in this subsection, may be examined only by order of the judge.  The record shall include the summons, petition, custody order, court order, written motions, the electronic or mechanical recording of the hearing, and other papers filed in the proceeding.  The recording of the hearing shall be reduced to a written transcript only when notice of appeal has been timely given.  After the time for appeal has expired with no appeal having been filed, the recording of the hearing may be erased or destroyed upon the written order of the judge.
The following persons may examine the juvenile's record without an order of the judge:
(1)	The juvenile, the juvenile's parent, guardian, or custodian, or another authorized representative of the juvenile.
(2)	The prosecutor in a subsequent criminal proceeding against the juvenile.
The juvenile's record of an adjudication of delinquency for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be used in a subsequent criminal proceeding against the juvenile either under G.S. 8C-1, Rule 404(b), or to prove an aggravating factor at sentencing under G.S. 15A-1340.4(a), G.S. 15A-1340.16(d), or G.S. 15A-2000(e).  The record may be so used only by order of the judge in the subsequent criminal proceeding, upon motion of the prosecutor, after an in camera hearing to determine whether the record in question is admissible."
Sec. 6.  G.S. 7A-676(b) reads as rewritten:
"(b)	Any person who has attained the age of 16 years may file a petition in the court where the person was adjudicated delinquent for expunction of all records of that adjudication provided:
(1)	The offense for which the person was adjudicated would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult.
(2)	The person has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state.
Records relating to an adjudication for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult shall not be expunged."
Sec. 7.  G.S. 8C-1, Rule 404(b) reads as rewritten:
"(b)	Other crimes, wrongs, or acts. – Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.  Admissible evidence may include evidence of an offense committed by a juvenile if it would have been a Class A, B1, B2, C, D, or E felony if committed by an adult."
Sec. 8.  G.S. 14-39(a) reads as rewritten:
"(a)	Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:
(1)	Holding such other person for ransom or as a hostage or using such other person as a shield; or
(2)	Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or
(3)	Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or
(4)	Holding such other person in involuntary servitude in violation of G.S. 14-43.2."
Sec. 9.  G.S. 14-72.1(e) reads as rewritten:
"(e)	Punishment. – For a first conviction under subsection (a) or (d), or for a subsequent conviction for which the punishment is not specified by this subsection, the defendant may be guilty of a Class 3 misdemeanor.  The term of imprisonment may be suspended only on condition that the defendant perform community service for a term of at least 24 hours. For a second offense committed within three years after the date the defendant was convicted of an offense under this section, the defendant may be guilty of a Class 2 misdemeanor.  The term of imprisonment may be suspended only on condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation, perform community service for a term of at least 72 hours, or both. For a third or subsequent offense committed within five years after the date the defendant was convicted of two other offenses under this section, the defendant may be guilty of a Class 1 misdemeanor. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 14 days.  However, if the sentencing judge finds that the defendant is unable, by reason of mental or physical infirmity, to perform the service required under this section, and the reasons for such findings are set forth in the judgment, he may pronounce such other sentence as he finds appropriate."
Sec. 10.  G.S. 14-401.14(a) reads as rewritten:
"(a)	If a person shall, because of race, color, religion, nationality, or country of origin, assault another person, or damage or deface the property of another person, or threaten to do any such act, he shall be guilty of a Class 1 misdemeanor."
Sec. 11.  G.S. 14-413 reads as rewritten:
"§ 14-413.  Permits for use at public exhibitions.
For the purpose of enforcing the provisions of this Article, the board of county commissioners of any county is hereby empowered and authorized to issue permits for use in connection with the conduct of public exhibitions, such as fairs, carnivals, shows of all descriptions and public exhibitions, but only after satisfactory evidence is produced to the effect that said pyrotechnics will be used for the aforementioned purposes and none other. Provided that no such permit shall be required for a public exhibition authorized by The University of North Carolina or the University of North Carolina at Chapel Hill and conducted on lands or buildings in Orange County owned by The University of North Carolina or the University of North Carolina at Chapel Hill."
Sec. 12.  G.S. 14-455(a) reads as rewritten:
"(a)	It is unlawful to willfully and without authorization alter, damage, or destroy a computer, computer system, computer network, or any part thereof. A violation of this subsection is a Class G felony if the damage caused by the alteration, damage, or destruction is more than one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.
".
Sec. 13.  G.S. 15A-1340.16(d)(18a) reads as rewritten:
"(18a)	The defendant has previously been adjudicated delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult."
Sec. 14.  G.S. 15A-2000(e)(3) reads as rewritten:
"(2)	The defendant had been previously convicted of another capital felony or had been previously adjudicated delinquent in a juvenile proceeding for committing an offense that would be a capital felony if committed by an adult.
(3)	The defendant had been previously convicted of a felony involving the use or threat of violence to the person or had been previously adjudicated delinquent in a juvenile proceeding for committing an offense that would be a Class A, B1, B2, C, D, or E felony involving the use or threat of violence to the person if the offense had been committed by an adult."
Sec. 14.1.  G.S. 17C-6(a)(8) reads as rewritten:
"(8)	Investigate and make such evaluations as may be necessary to determine if criminal justice agencies, schools, and individuals are complying with the provisions of this Chapter;".
Sec. 15.  G.S. 18B-1000(1) reads as rewritten:
"(1)	Community theatre. – An establishment owned and operated by a bona fide nonprofit organization that is engaged solely in the business of sponsoring or presenting amateur or professional theatrical events to the public. A permit issued for a community theatre is valid only during regularly scheduled theatrical events sponsored by such nonprofit organization."
Sec. 16.  G.S. 18B-1001(3) reads as rewritten:
"(3)	On-Premises Unfortified Wine Permit. – An on-premises unfortified wine permit authorizes the retail sale of unfortified wine for consumption on the premises, either alone or mixed with other beverages, and the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises.  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."
Sec. 17.  G.S. 18B-1001(5) reads as rewritten:
"(5)	On-Premises Fortified Wine Permit. – An on-premises fortified wine permit authorizes the retail sale of fortified wine for consumption on the premises, either alone or mixed with other beverages, and the retail sale of fortified wine in the manufacturer's original container for consumption off the premises.  The permit may be issued for any of the following:
a.	Restaurants;
b.	Hotels;
c.	Private clubs;
d.	Community theatres;
e.	Wineries;
f.	Convention centers."
Sec. 18.  G.S. 18B-1001(7) reads as rewritten:
"(7)	Brown-Bagging Permit. – A brown-bagging permit authorizes each individual patron of an establishment, with the permission of the permittee, to bring up to eight liters of fortified wine or spirituous liquor, or eight liters of the two combined, onto the premises and to consume those alcoholic beverages on the premises.  The permit may be issued for any of the following:
a.	Restaurants;
b.	Hotels;
c.	Private clubs;
d.	Community theatres;
e.	Congressionally chartered veterans organizations."
Sec. 19.  G.S. 19A-1 reads as rewritten:
"§ 19A-1.  Definitions.
The following definitions apply in this Article:
(1) 	The terms 'animals' and 'dumb animals' include every useful living creature.
(2) 	The terms 'cruelty' and 'cruel treatment' include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; but these terms shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training, lawful activities for sport, the production of livestock or poultry, or the lawful destruction of any animal for the purpose of protecting such livestock or poultry.
(3) 	The term 'person' includes any persons, firm or corporation, including any nonprofit corporation, such as a society for the prevention of cruelty to animals."
Sec. 20.  G.S. 19A-2 reads as rewritten:
"§ 19A-2.  Purpose.
It shall be the purpose of this Article to provide a civil remedy for the protection and humane treatment of animals in addition to any criminal remedies that are available and it shall be proper in any action to combine causes of action against one or more defendants for the protection of one or more animals. A real party in interest as plaintiff shall be held to include any 'person' as hereinbefore defined even though such person does not have a possessory or ownership right in an animal; a real party in interest as defendant shall include any person who owns or has possession of an animal."
Sec. 21.  G.S. 25-2A-103(1)(g) reads as rewritten:
"(g)	'Finance lease' means a lease with respect to which: (i)  the lessor does not select, manufacture, or supply the goods; (ii)  the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and (iii)  one of the following occurs:
(A) 	the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
(B)	the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(C)	the lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(D)	if the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies."
Sec. 22.  The catch line of G.S. 25-2A-305 reads as rewritten:
"§ 25-2A-305.  Sale or sublease of goods by lessee."
Sec. 23.  G.S. 25-2A-526(3) reads as rewritten:
"(3)(a)	To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods."
(b)	After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c)	A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor."
Sec. 24.  G.S. 36A-136(20) reads as rewritten:
"(20)	To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the trustee deems advisable, including the power of a corporate trustee to borrow from the trustee's own banking department, for the sole purpose of paying debts, taxes, and other claims against the trust property as may be required to secure such loan or loans, and to renew existing loans either as to maker or endorser."
Sec. 25.  G.S. 45-21.21(d) reads as rewritten:
"(d)	If a sale is not held at the time fixed therefor and is not postponed as provided by this section, or if a postponed sale is not held at the time fixed therefor or within 90 days of the date originally fixed for the sale, then prior to such sale taking place the provisions of G.S. 45-21.16 need not be complied with but the provisions of G.S. 45-21.16A, 45-21.17, and 45-21.17A shall be again complied with, or if on appeal, the appellate court orders the sale to be held, as to such sale so authorized the provisions of G.S. 45-21.16 need not be complied with again but those of G.S. 45-21.16A, 45-21.17, and 45-21.17A shall be."
Sec. 26.  G.S. 45-21.33(c)(3) reads as rewritten:
"(3)	Proof as required by the clerk, which may be by affidavit, that notices of hearing, sale and resale were served upon all parties entitled thereto under G.S. 45-21.16, 45-21.17, 45-21.17A, and 45-21.30.  In the absence of an affidavit to the contrary filed with the clerk, an affidavit by the person holding the sale that the notice of sale was posted in the area designated by the clerk of superior court for posting public notices in the county or counties in which the property is situated 20 days prior to the sale shall be proof of compliance with the requirements of G.S. 45-21.17(1)a."
Sec. 27.  G.S. 55A-7-27(b)(3) reads as rewritten:
"(3)	Two or more persons hold the membership as cotenants or fiduciaries and the name signed purports to be the name of at least one of the coholders and the person signing appears to be acting on behalf of all the coholders; or ".
Sec. 28.  Effective July 1, 1994, G.S. 55A-8-05(a) reads as rewritten:
"(a)	The articles of incorporation or bylaws may specify the terms of directors.  In the absence of a contrary provision in the articles of incorporation or bylaws, the term of each director shall be one year, and directors may serve successive terms."
Sec. 29.  Effective July 1, 1994, G.S. 55A-8-23(a) reads as rewritten:
"(a)	A director may waive any notice required by this Chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice.  Except as provided by subsection (b) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes or corporate records."
Sec. 30.  Effective July 1, 1994, G.S. 55A-10-30 reads as rewritten:
"§ 55A-10-30.  Approval by third persons.
The articles of incorporation or bylaws may require an amendment to the articles of incorporation or bylaws to be approved in writing by a specified person or persons other than the board of directors.  Such a provision in the articles of incorporation or bylaws may only be amended with the approval in writing of such person or persons."
Sec. 32.  Effective July 1, 1994, G.S. 55A-15-30(a)(6) reads as rewritten:
"(6)	The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger;".
Sec. 33.  Effective July 1, 1994, G.S. 55A-16-05(1) reads as rewritten:
"(1)	Used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation;".
Sec. 34.  G.S. 62-3(23)a.1. reads as rewritten:
"1.	Producing, generating, transmitting, delivering or furnishing electricity, piped gas, steam or any other like agency for the production of light, heat or power to or for the public for compensation; provided, however, that the term 'public utility' shall not include persons who construct or operate an electric generating facility, the primary purpose of which facility is for such person's own use and not for the primary purpose of producing electricity, heat, or steam for sale to or for the public for compensation;".
Sec. 35.  G.S. 78A-2(2)d.1. reads as rewritten:
"1.	The security is exempted under subdivisions (1), (2), (3), (4), (5), (7), (9), (10), (11), (13), or (14) of G.S. 78A-16, or the transaction is exempted under G.S. 78A-17, and such exemption has not been denied or revoked under G.S. 78A-18, or".
Sec. 36.  G.S. 88A-23 reads as rewritten:
"§ 88A-23.  Reports and immunity from suit.
Any person who has reasonable cause to suspect misconduct or incapacity of a licensee, or who has reasonable cause to suspect that any person is in violation of this Chapter, shall report the relevant facts to the Board.  Upon the receipt of such charge, or upon its own initiative, the Board may give notice of an administrative hearing or may, after diligent investigation, dismiss unfounded charges.  Any person making a report pursuant to this section shall be immune from any criminal prosecution or civil liability resulting therefrom unless such person knew the report was false or acted in reckless disregard of whether the report was false."
Sec. 36.1.  G.S. 89C-13 reads as rewritten:
"§ 89C-13.  General requirements for registration.
(a)	Engineer Applicant. – To be eligible for admission to examination for professional engineer an applicant must be of good character and reputation. An applicant desiring to take the examination in the fundamentals of engineering only must submit three character references. An applicant desiring to take the examination in the principles and practice of engineering must submit five references, two of whom shall be professional engineers having personal knowledge of his engineering experiences.
The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration:
(1)	As a professional engineer (shall meet one):
a.	Registration by Comity or Endorsement. – A person holding a certificate of registration to engage in the practice of engineering, on the basis of comparable qualifications, issued to him by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of Canada, who in the opinion of the Board, meets the requirements of this Chapter, based on verified evidence may, upon application, be registered without further examination.
		A person holding a certificate of qualification issued by the Committee on National Engineering Certification of the National Council of Engineering Examiners, whose qualifications meet the requirements of this Chapter, may upon application, be registered without further examination.
b.	E.I.T. Certificate, Experience, and Examination. – A holder of a certificate of engineer-in-training issued by the Board, and with a specific record of an additional four years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, shall be admitted to an eight-hour examination in the principles and practice of engineering. Upon passing such examination, the applicant shall be granted a certificate of registration to practice professional engineering in this State, provided he is otherwise qualified.
c.	Graduation, Experience, and Examination. – A graduate of an engineering curriculum of four years or more approved by the Board as being of satisfactory standing, and with a specific record of an additional four years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, shall be admitted to an eight-hour written examination in the fundamentals of engineering, and an eight-hour written examination in the principles and practice of engineering. Upon passing such examinations, the applicant shall be granted a certificate of registration to practice professional engineering in this State, provided he is otherwise qualified.
d.	Graduation, Experience, and Examination. – A graduate of an engineering or related science curriculum of four years or more, other than the ones approved by the Board as being of satisfactory standing or with an equivalent education and engineering experience satisfactory to the Board and with a specific record of eight years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent in the fundamentals of engineering, shall be admitted to an eight-hour written examination in the fundamentals of engineering, and an eight-hour written examination in the principles and practice of engineering. Upon passing such examinations, the applicant shall be granted a certificate of registration to practice professional engineering in this State, provided he is otherwise qualified.
e.	Long-Established Practice. – An individual with a specific record of 20 years of more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering shall be admitted to an eight-hour written examination in the principles and practice of engineering. Upon passing such examination, the applicant shall be granted a certificate of registration to practice professional engineering in this State, provided he is otherwise qualified.
At its discretion the Board may require an applicant to submit exhibits, drawings, designs, or other tangible evidence of engineering work executed by him and which he personally accomplished or supervised.
The following shall be considered as minimum evidence that the applicant is qualified for certification:
(2)	As an engineer-in-training (shall meet one):
a.	Graduation and Examination. – A graduate of an engineering curriculum or related science curriculum of four years or more, approved by the Board as being of satisfactory standing, shall be admitted to an eight-hour written examination in the fundamentals of engineering. The applicant shall be notified if the examination was passed or not passed and if passed he shall be certified as an engineer-in-training, if he is otherwise qualified.
b.	Graduation, Experience, and Examination. – A graduate of an engineering or related science curriculum of four years or more, other than the ones approved by the Board as being of satisfactory standing, or with equivalent education and engineering experience satisfactory to the Board and with a specific record of four or more years of progressive experience on engineering projects of a grade and character satisfactory to the Board, shall be admitted to an eight-hour written examination in the fundamentals of engineering. The applicant shall be notified if the examination was passed or not passed and if passed he shall be certified as an engineer-in-training if he is otherwise qualified.
(b)	Land Surveyor Applicant. – To be eligible for admission to examination for land surveyor-in-training, or registered land surveyor, an applicant must be of good character and reputation and shall submit five references with his application for registration as a land surveyor, two of which references shall be registered land surveyors having personal knowledge of his land surveying experience, or in the case of an application for certification as a land surveyor-in-training by three references, one of which shall be a registered land surveyor having personal knowledge of the applicant's land surveying experience.
The evaluation of a land surveyor applicant's qualifications shall involve a consideration of his education, technical and land surveying experience, exhibits of land surveying projects with which he has been associated, recommendations by references, and reviewing of these categories during an oral examination. The land surveyor applicant's qualifications may be reviewed at an interview if the Board deems it necessary. Educational credit for institute courses, correspondence courses, etc., shall be determined by the Board.
The following shall be considered a minimum evidence satisfactory to the Board that the applicant is qualified for registration as a land surveyor or for certification as a land surveyor-in-training, respectively:
(1)	As a registered land surveyor (shall meet one):
a.	Rightful possession of a B.S. degree in surveying or other equivalent curricula, all approved by the Board and a record satisfactory to the Board of one year or more of progressive practical experience one year of which shall have been under a practicing registered land surveyor and satisfactorily passing such oral and written examination, taken in the presence of and required by the Board, all of which shall determine and indicate that the candidate is competent to practice land surveying. The applicant may elect to take the first examination (Surveying Fundamentals) immediately after obtaining the B.S. degree at the first regularly scheduled examination thereafter. Upon passing the first examination and successful completion of the experience required by this subdivision, the applicant may take the second examination (Principles and Practice of Land Surveying). An applicant who passes both examinations and completes the educational and experience requirements of this subdivision shall be granted registration as a land surveyor.
b.	Rightful possession of an associate degree in surveying technology approved by the Board and a record satisfactory to the Board of three years of progressive practical experience, two years of which shall have been under a practicing registered land surveyor, and satisfactorily passing such written and oral examination taken in the presence of and as required by the Board, all of which shall determine and indicate that the candidate is competent to practice land surveying. The applicant may elect to take the first examination (Surveying Fundamentals) immediately after obtaining the associate degree at the first regularly scheduled examination thereafter. Upon passing the first examination and successfully completing two years of progressive practical experience under a practicing registered land surveyor, the applicant may elect to take the second examination (Principles and Practice of Land Surveying) prior to, during, or after completion of the additional experience required by this subdivision. An applicant who passes both examinations and successfully completes the educational and experience requirements of this subdivision shall be granted registration as a land surveyor.
c.	Land Surveyor-in-Training Certificate, Experience, and Examination. – A holder of a certificate of land surveyor-in-training issued by the Board, and with a specific record of an additional two years or more of progressive surveying experience, one year of which shall have been under a practicing registered land surveyor, of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, shall be admitted to two four-hour examinations. Upon passing such examinations, the applicant shall be granted a certificate of registration to practice land surveying in this State, provided he is otherwise qualified.
d.	Graduation from a high school or the completion of a high school equivalency certificate and a record satisfactory to the Board of seven years of progressive practical experience, six years of which shall have been under a practicing registered land surveyor, and satisfactorily passing such oral and written examination written in the presence of and required by the Board, all of which shall determine and indicate that the candidate is competent to practice land surveying.
e.	Repealed by Session Laws 1985 (Regular Session, 1986), c. 977, s. 7.
f.	Registration by Comity or Endorsement. – A person holding a certificate of registration to engage in the practice of land surveying issued on comparable qualifications from a state, territory, or possession of the United States will be given comity considerations. However, he may be asked to take such examinations as the Board deems necessary to determine his qualifications, but in any event, he shall be required to pass a written examination which shall include questions on laws, procedures, and practices pertaining to the practice of land surveying in North Carolina.
g.	A licensed professional engineer who can satisfactorily demonstrate to the Board that his formal academic training in acquiring a degree and field experience in engineering includes land surveying, to the extent necessary to reasonably qualify the applicant in the practice of land surveying, may apply for and may be granted permission to take the two four-hour examinations on the principles and practice of land surveying and the two four-hour examinations on the fundamentals of land surveying. Upon satisfactorily passing the examinations, the applicant will be granted a license to practice land surveying in the State of North Carolina.
h.	Professional Engineers in Land Surveying. – Any person presently licensed to practice professional engineering under this Chapter shall upon his application be licensed to practice land surveying, providing his written application is filed with the Board within one year next after June 19, 1975.
		The Board shall require an applicant to submit exhibits, drawings, plats or other tangible evidence of land surveying work executed by him under proper supervision and which he has personally accomplished or supervised.
(2)	As a land surveyor-in-training (shall meet one):
a.	Rightful possession of an associate degree in surveying technology approved by the Board and satisfactorily passing a written or oral examination taken in the presence of and as required by the Board.
b.	Rightful possession of a B.S. degree in surveying or other equivalent curricula in surveying all approved by the Board and satisfactorily passing such oral and written examinations written in the presence of and required by the Board.
c.	Graduation from high school or the completion of a high school equivalency certificate and a record satisfactory to the Board of five years of progressive, practical experience, four years of which shall have been under a practicing registered land surveyor and satisfactorily passing oral and written examinations taken in the presence of and as required by the Board.
		The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by him under proper supervision and which he has personally accomplished or supervised."
Sec. 37.  G.S. 90-15 reads as rewritten:
"§ 90-15.  License fee; salaries, fees, and expenses of Board.
Each applicant for a license by examination shall pay to the Board of Medical Examiners of the State of North Carolina a fee which shall be prescribed by the Board in an amount not exceeding the sum of four hundred dollars ($400.00) plus the cost of test materials before being admitted to the examination. Whenever a license is granted without examination, as authorized in G.S. 90-13, the applicant shall pay to the Board a fee in an amount to be prescribed by the Board not in excess of two hundred fifty dollars ($250.00). Whenever a limited license is granted as provided in G.S. 90-12, the applicant shall pay to the Board a fee not to exceed one hundred fifty dollars ($150.00), except where a limited license to practice in a medical education and training program approved by the Board for the purpose of education or training is granted, the applicant shall pay a fee of twenty-five dollars ($25.00). A fee of twenty-five dollars ($25.00) shall be paid for the issuance of a duplicate license. All fees shall be paid in advance to the Board of Medical Examiners of the State of North Carolina, to be held in a fund for the use of the Board. The compensation and expenses of the members and officers of the Board and all expenses proper and necessary in the opinion of the Board to the discharge of its duties under and to enforce the laws regulating the practice of medicine or surgery shall be paid out of the fund, upon the warrant of the Board. The per diem compensation of Board members shall not exceed two hundred dollars ($200.00) per day per member for time spent in the performance and discharge of duties as a member. Any unexpended sum or sums of money remaining in the treasury of the Board at the expiration of the terms of office of the members of the Board shall be paid over to their successors in office.
For the initial and annual registration of an assistant to a physician, the Board may require the payment of a fee not to exceed a reasonable amount."
Sec. 38.  G.S. 90-92(e) reads as rewritten:
"(e)	Other Substances. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:
1.	Dextropropoxyphene (Alpha-(plus)- 4-dimethylamino-1, 2-diphenyl- 3-methyl-2-propionoxybutane).
2.	Pipradrol.
3.	SPA ((-)-1-dimethylamino-1, 2-diphenylethane)."
Sec. 39.  G.S. 90-109 reads as rewritten:
"§ 90-109.  Licensing required.
A facility for drug treatment as defined in G.S. 122C-3(14)b. shall obtain the license required by Article 2 of Chapter 122C of the General Statutes permitting operation.  Subject to rules governing the operation and licensing of these facilities set by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, the Department of Human Resources shall be responsible for issuing licenses.  These licensing rules shall be consistent with the licensing rules adopted under Article 2 of Chapter 122C of the General Statutes."
Sec.  40.  G.S. 90-113.9(2) reads as rewritten:
"(2)	'Commission' means the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, established under Part 4 of Article 3 of Chapter 143B of the General Statutes."
Sec. 41.   G.S. 90-171.25 reads as rewritten:
"§ 90-171.25.  Custody and use of funds.
The executive director shall deposit in financial institutions designated by the Board as official depositories all fees payable to the Board.  The funds shall be deposited in the name of the Board and shall be used to pay all expenses incurred by the Board in carrying out the purposes of this Article. "
Sec. 42.  G.S. 90-187.6(a) reads as rewritten:
"(a)	'Veterinary technicians,' 'veterinary student interns,' and 'veterinary student preceptees,' before performing any services otherwise prohibited to persons not licensed or registered under this Article, shall be approved by and registered with the Board.  The Board shall be responsible for all matters pertaining to the qualifications, registration, discipline, and revocation of registration of these persons, under this Article and rules issued by the Board."
Sec. 43.  G.S. 90-187.10(8) reads as rewritten:
"(8)	Any certified rabies vaccinator appointed, certified and acting within the provisions of G.S. 130A-186;".
Sec. 44.  G.S. 90-270.4(d) reads as rewritten:
"(d)	Nothing in this Article shall be construed as limiting the activities, services, and use of title designating training status of a student, intern, fellow, or other trainee preparing for the practice of psychology under the supervision and responsibility of a qualified psychologist in an institution of higher education or service facility, provided that such activities and services constitute a part of his or her course of study as a matriculated graduate student in psychology.  For individuals pursuing postdoctoral training or experience in psychology, nothing shall limit the use of a title designating training status, but the Board may develop rules defining qualified supervision, disclosure of supervisory relationships, frequency of supervision, settings to which trainees may be assigned, activities in which trainees may engage, qualifications for trainee status, nature of responsibility assumed by the supervisor, and the structure, content, and organization of postdoctoral experience."
Sec. 45.  G.S. 90-270.11(a) reads as rewritten:
"(a)	Licensed Psychologist. – The Board shall issue a permanent license to practice psychology to any applicant who pays an application fee and any applicable examination fee as specified in G.S. 90-270.18(b), who passes an examination in psychology as prescribed by the Board, and who submits evidence verified by oath and satisfactory to the Board that he or she:
(1)	Is at least 18 years of age;
(2)	Is of good moral character;
(3)	Has received a doctoral degree based on a planned and directed program of studies in psychology from an institution of higher education.  The degree program, wherever administratively housed, must be publicly identified and clearly labeled as a psychology program.  The Board shall adopt rules implementing and defining these provisions, including, but not limited to, such factors as residence in the educational program, internship and related field experiences, number of course credits, course content, numbers and qualifications of faculty, and program identification and identity.
(4)	Has had at least two years of acceptable and appropriate supervised experience germane to his or her training and intended area of practice as a psychologist as specified in G.S. 90-270.5(d)."
Sec. 46.  The catch line of G.S. 90-405 reads as rewritten:
"§ 90-405.  Definitions."
Sec. 47.  G.S. 95-25.14(a)(1)a. reads as rewritten:
"a.	Except as otherwise specifically provided in G.S. 95-25.5;".
Sec. 48.  G.S. 97-80(e) reads as rewritten:
"(e)	A subpoena may be issued by the Commission and served in accordance with G.S. 1A-1, Rule 45. Upon a motion, the Commission may quash a subpoena if it finds that the evidence the production of which is required does not relate to a matter in issue, the subpoena does not describe with sufficient particularity the evidence the production of which is required, or for any other reason sufficient in law the subpoena may be quashed. Each witness who appears in obedience to such subpoena of the Commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts of the county where the hearing is held."
Sec. 49.  G.S. 104E-9(a) reads as rewritten:
"(a)	The Department of Environment, Health, and Natural Resources is authorized:
(1)	To advise, consult and cooperate with other public agencies and with affected groups and industries.
(2)	To encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of radiation, the measurement of radiation, the effect upon public health and safety of exposure to radiation and related problems.
(3)	To require the submission of plans, specifications, and reports for new construction and material alterations on (i) the design and protective shielding of installations for radioactive material and radiation machines and (ii) systems for the disposal of radioactive waste materials, for the determination of any radiation hazard and may render opinions, approve or disapprove such plans and specifications.
(4)	To collect and disseminate information relating to the sources of radiation, including but not limited to: (i) maintenance of a record of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; and (ii) maintenance of a record of registrants and licensees possessing sources of radiation requiring registration or licensure under the provisions of this Chapter, and regulations hereunder, and any administrative or judicial action pertaining thereto; and to develop and implement a responsible data management program for the purpose of collecting and analyzing statistical information necessary to protect the public health and safety.  The Department may refuse to make public dissemination of information relating to the source of radiation within this State after the Department first determines that the disclosure of such information will contravene the stated policy and purposes of this Chapter and such disclosure would be against the health, welfare and safety of the public.
(5)	To respond to any emergency which involves possible or actual release of radioactive material; and to perform or supervise decontamination and otherwise protect the public health and safety in any manner deemed necessary.  This section does not in any way alter or change the provisions of Chapter 166 of the North Carolina General Statutes concerning response during an emergency by the Department of Military and Veterans Affairs or its successor.
(6)	To develop and maintain a statewide environmental radiation program for monitoring the radioactivity levels in air, water, soil, vegetation, animal life, milk, and food as necessary to ensure protection of the public and the environment from radiation hazards.
(7)	To implement the provisions of this Chapter and the regulations duly promulgated under the Chapter.
(8)	To establish annual fees for activities under this Chapter based on actual administrative costs to be applied to training, enforcement, and inspection pursuant to the provisions of this Chapter and to charge and collect fees from operators and users of low-level radioactive waste facilities pursuant to the provisions of this Chapter.
(9)	To enter upon any lands and structures upon lands to make surveys, borings, soundings, and examinations as may be necessary to determine the suitability of a site for a low-level radioactive waste facility or low-level radioactive disposal facility.  The Department shall give 30 days' notice of the intended entry authorized by this section in the manner prescribed for service of process by G.S. 1A-1, Rule 4.  Entry under this section shall not be deemed a trespass or taking; provided, however, that the Department shall make reimbursement for any damage to such land or structures caused by such activities.  This authority shall also apply to the North Carolina Low-Level Radioactive Waste Management Authority.
(10)	To encourage research and development and disseminate information on state-of-the-art means of handling and disposing of low-level radioactive waste.
(11)	To promote public education and public involvement in the decision-making process for the siting and permitting of proposed low-level radioactive waste facilities.  The Department shall assist localities in which facilities are proposed in collecting and receiving information relating to the suitability of the proposed site.  At the request of a local government in which facilities are proposed, the Department shall direct the appropriate agencies of State government to develop such relevant data as that locality shall reasonably request."
Sec. 50.  G.S. 105-130.5(b) reads as rewritten:
"(b)	The following deductions from federal taxable income shall be made in determining State net income:
(1)	Interest upon the obligations of the United States or its possessions, to the extent included in federal taxable income: Provided, interest upon the obligations of the United States shall not be an allowable deduction unless interest upon obligations of the State of North Carolina or any of its political subdivisions is exempt from income taxes imposed by the United States.
(2)	Payments received from a parent, subsidiary or affiliated corporation in excess of fair compensation in intercompany transactions which in the determination of the net income or net loss of such corporation were not allowed as a deduction under the Revenue Laws of this State.
(3)	The deductible portion of dividends from stock issued by any corporation as provided under G.S. 105-130.7.
(4)	Losses in the nature of net economic losses sustained by the corporation in any or all of the five preceding years pursuant to the provisions of G.S. 105-130.8. Provided, a corporation required to allocate and apportion its net income under the provisions of G.S. 105-130.4 shall deduct its allocable net economic loss only from total income allocable to this State pursuant to the provisions of G.S. 105-130.8.
(5)	Contributions or gifts made by any corporation within the income year to the extent provided under G.S. 105-130.9.
(6)	Amortization in excess of depreciation allowed under the Code on the cost of any sewage or waste treatment plant, and facilities or equipment used for purposes of recycling or resource recovery of or from solid waste, or for purposes of reducing the volume of hazardous waste generated as provided in G.S. 105-130.10.
(7)	Depreciation of emergency facilities acquired prior to January 1, 1955. Any corporation shall be permitted to depreciate any emergency facility, as such is defined in section 168 of the Code, over its useful life, provided such facility was acquired prior to January 1, 1955, and no amortization has been claimed on such facility for State income tax purposes.
(8)	The amount of losses realized on the sale or other disposition of assets not allowed under section 1211(a) of the Code. All losses recognized on the sale or other disposition of assets must be included in determining State net income or loss in the year of disposition.
(9)	With respect to a shareholder of a regulated investment company, the portion of undistributed capital gains of such regulated investment company included in such shareholder's federal taxable income and on which the federal tax paid by the regulated investment company is allowed as a credit or refund to the shareholder under section 852 of the Code.
(10)	Repealed by Session Laws 1987, c. 778, s. 2.
(11)	If a deduction for an ordinary and necessary business expense was required to be reduced or was not allowed under the Code because the corporation claimed a federal tax credit against its federal income tax liability for the income year in lieu of a deduction, the amount by which the deduction was reduced and the amount of the deduction that was disallowed.
(12)	Reasonable expenses, in excess of deductions allowed under the Code, paid for reforestation and cultivation of commercially grown trees; provided, that this deduction shall be allowed only to those corporations in which the real owners of all the shares of such corporation are natural persons actively engaged in the commercial growing of trees, or the spouse, siblings, or parents of such persons. Provided, further, that in no case shall a corporation be allowed a deduction for the same reforestation or cultivation expenditure more than once.
(13)	The eligible income of an international banking facility to the extent included in determining federal taxable income, determined as follows:
a.	'International banking facility' shall have the same meaning as is set forth in the laws of the United States or regulations of the board of governors of the federal reserve system.
b.	The eligible income of an international banking facility for the taxable year shall be an amount obtained by multiplying State taxable income as determined under G.S. 105-130.3 (determined without regard to eligible income of an international banking facility and allocation and apportionment, if applicable) for such year by a fraction, the denominator of which shall be the gross receipts for such year derived by the bank from all sources, and the numerator of which shall be the adjusted gross receipts for such year derived by the international banking facility from:
1.	Making, arranging for, placing or servicing loans to foreign persons substantially all the proceeds of which are for use outside the United States;
2.	Making or placing deposits with foreign persons which are banks or foreign branches of banks (including foreign subsidiaries or foreign branches of the taxpayer) or with other international banking facilities; or
3.	Entering into foreign exchange trading or hedging transactions related to any of the transactions described in this paragraph.
c.	The adjusted gross receipts shall be determined by multiplying the gross receipts of the international banking facility by a fraction the numerator of which is the average amount for the taxable year of all assets of the international banking facility which are employed outside the United States and the denominator of which is the average amount for the taxable year of all assets of the international banking facility.
d.	For the purposes of this subsection the term 'foreign person' means:
1.	An individual who is not a resident of the United States;
2.	A foreign corporation, a foreign partnership or a foreign trust, as defined in section 7701 of the Code, other than a domestic branch thereof;
3.	A foreign branch of a domestic corporation (including the taxpayer);
4.	A foreign government or an international organization or an agency of either, or
5.	An international banking facility.
		For purposes of this paragraph, the terms 'foreign' and 'domestic' shall have the same meaning as set forth in section 7701 of the Code.
(14)	The amount by which the basis of a depreciable asset is required to be reduced under the Code for federal tax purposes because of a tax credit allowed against the corporation's federal income tax liability. This deduction may be claimed only in the year in which the Code requires that the asset's basis be reduced. In computing gain or loss on the asset's disposition, this deduction shall be considered as depreciation.
(15)	The amount paid during the income year, pursuant to 7 U.S.C. § 1445-2, as marketing assessments on tobacco grown by the corporation in North Carolina.
(16)	The amount of natural gas expansion surcharges collected by a natural gas local distribution company under G.S. 62-158."
Sec. 51.  G.S. 105-275(5) reads as rewritten:
"(5)	Vehicles that the United States government gives to veterans on account of disabilities they suffered in World War II, the Korean Conflict, or the Vietnam Era so long as they are owned by:
a.	A person to whom a vehicle has been given by the United States government or
b.	Another person who is entitled to receive such a gift under Title 38, section 252, United States Code Annotated."
Sec. 52.  G.S. 106-1 is repealed.
Sec. 53.  G.S. 106-2 reads as rewritten:
"§ 106-2.  Department of Agriculture established; Board of Agriculture, membership, terms of office, etc.
The Department of Agriculture is created and established and shall be under the control of the Commissioner of Agriculture, with the consent and advice of a board to be styled 'The Board of Agriculture.' The Board of Agriculture shall consist of the Commissioner of Agriculture, who shall be ex officio a member and chairman thereof and shall preside at all meetings, and of 10 other members from the State at large, so distributed as to reasonably represent the different sections and agriculture of the State. In the appointment of the members of the Board the Governor shall also take into consideration the different agricultural interests of the State, and shall appoint one member who shall be a practical tobacco farmer to represent the tobacco farming interest, one who shall be a practical cotton grower to represent the cotton interest, one who shall be a practical truck farmer or general farmer to represent the truck and general farming interest, one who shall be a practical dairy farmer to represent the dairy and livestock interest of the State, one who shall be a practical poultryman to represent the poultry interest of the State, one who shall be a practical peanut grower to represent the peanut interests, one who shall be experienced in marketing to represent the marketing of products of the State. The members of such Board shall be appointed by the Governor by and with the consent of the Senate, when the terms of the incumbents respectively expire. The term of office of such members shall be six years and until their successors are duly appointed and qualified. The terms of office of the five members constituting the present Board of Agriculture shall continue for the time for which they were appointed. In making appointments for the enlarged Board of Agriculture, the Governor shall make the appointments so that the term of three members will be for two years, three for four and four for six years. Thereafter the appointments shall be made for six years. Vacancies in such Board shall be filled by the Governor for the unexpired term. The Commissioner of Agriculture and the members of the Board of Agriculture shall be practical farmers engaged in their profession."
Sec. 54.  G.S. 106-3, 106-6, 106-7, 106-8, and 106-9.1 are repealed.
Sec. 55.  G.S. 113-133.1(e) reads as rewritten:
"(e)	Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:
Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 556.
Anson: Former G.S. 113-111, as amended by Session Laws 1955, Chapter 286.
Ashe: Former G.S. 113-111; Session Laws 1951, Chapter 665.
Avery: Former G.S. 113-122.
Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173.
Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.
Bladen: Public-Local Laws 1933, Chapter 550, Section 2 (as it pertains to fox season); Session Laws 1961, Chapter 348 (as it applies to Bladen residents fishing in Robeson County); Session Laws 1961, Chapter 1023; Session Laws 1971, Chapter 384.
Brunswick: Session Laws 1975, Chapter 218.
Buncombe: Public-Local Laws 1933, Chapter 308.
Burke: Public-Local Laws 1921, Chapter 454; Public-Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public-Local Laws 1933, Chapter 422, Section 3; Session Laws 1965, Chapter 608, as amended by Session Laws 1977, Chapter 68; Session Laws 1977, Chapter 636.
Caldwell: Former G.S. 113-122; Session Laws 1965, Chapter 608, as amended by Session Laws 1977, Chapter 68; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.
Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441.
Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.
Caswell: Public-Local Laws 1933, Chapter 311; Public-Local Laws 1937, Chapter 411.
Catawba: Former G.S. 113-111, as amended by Session Laws 1955, Chapter 1037.
Chatham: Public-Local Laws 1937 Chapter 236; Session Laws 1963, Chapter 271.
Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.
Cleveland: Public Laws 1907, Chapter 388; Session Laws 1951, Chapter 1101; Session Laws 1979, Chapter 587.
Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.
Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.
Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.
Currituck: Session Laws 1959, Chapter 545.
Dare: Session Laws 1973, Chapter 259.
Davie: Former G.S. 113-111, as amended by Session Laws 1947, Chapter 333.
Duplin: Session Laws 1965, Chapter 774; Session Laws 1973 (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.
Edgecombe: Session Laws 1961, Chapter 408.
Gates: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.
Granville: Session Laws 1963, Chapter 670.
Greene: Session Laws 1975, Chapter 219; Session Laws 1979, Chapter 360.
Halifax: Public-Local Laws 1925, Chapter 571, Section 3 (with respect to fox-hunting seasons); Session Laws 1947, Chapter 954; Session Laws 1955, Chapter 1376.
Harnett: Former G.S. 113-111, as modified by Session Laws 1977, Chapter 636.
Haywood: Former G.S. 113-111, as modified by Session Laws 1963, Chapter 322.
Henderson: Former G.S. 113-111.
Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.
Hoke: Session Laws 1963, Chapter 267.
Hyde: Public-Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932.
Iredell: Session Laws 1979, Chapter 577.
Jackson: Session Laws 1965, Chapter 765; Session Laws 1971, Chapter 424.
Johnston: Session Laws 1975, Chapter 342.
Jones: Session Laws 1979, Chapter 441.
Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.
Lenoir: Session Laws 1979, Chapter 441.
Lincoln: Public-Local Laws 1925, Chapter 449, Sections 1 and 2; Session Laws 1955, Chapter 878.
Madison: Public-Local Laws 1925, Chapter 418, Section 4; Session Laws 1951, Chapter 1040.
Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636.
Mitchell: Session Laws 1965, Chapter 608, as amended by Session Laws 1977, Chapter 68.
Montgomery: Session Laws 1977 (Second Session 1978), Chapter 1142.
Nash: Session Laws 1961, Chapter 408.
New Hanover: Session Laws 1971, Chapter 559; Session Laws 1975, Chapter 95.
Northampton: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.
Orange: Public-Local Laws 1913, Chapter 547.
Pamlico: Session Laws 1977, Chapter 636.
Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585, as amended by Session Laws 1985, Chapter 421; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.
Perquimans: Former G.S. 113-111; Session Laws 1973, Chapter 160; Session Laws 1973, Chapter 264; Session Laws 1979, Chapter 582.
Polk: Session Laws 1975, Chapter 397; Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Randolph: Public-Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.
Robeson: Public-Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.
Rockingham: Former G.S. 113-111; Public-Local Laws 1933, Chapter 310.
Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 556.
Rutherford: Session Laws 1973, Chapter 114; Session Laws 1975, Chapter 397.
Sampson: Session Laws 1979, Chapter 373.
Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.
Stokes: Former G.S. 113-111; Public-Local Laws 1933, Chapter 310; Session Laws 1979, Chapter 556.
Surry: Public-Local Laws 1925, Chapter 474, Section 6 (as it pertains to fox seasons); Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Swain: Public-Local Laws 1935, Chapter 52; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.
Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.
Tyrrell: Former G.S. 113-111; Session Laws 1953, Chapter 685.
	Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.
Washington: Session Laws 1947, Chapter 620.
Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.
Wilkes: Former G.S. 113-111, as amended by Session Laws 1971, Chapter 385; Session Laws 1951, Chapter 665; Session Laws 1973, Chapter 106; Session Laws 1979, Chapter 507.
Yadkin: Former G.S. 113-111, as amended by Session Laws 1953, Chapter 199; Session Laws 1979, Chapter 507.
Yancey: Session Laws 1965, Chapter 522."
Sec. 55.1.  (a) The catch line of G.S. 113-229 reads as rewritten:
"§ 113-229. Permits to dredge or fill in or about estuarine waters or State-owned lakes."
(b)	G.S. 113-229(a) reads as rewritten:
"(a)	Except as hereinafter provided before any excavation or filling project is begun in any estuarine waters, tidelands, marshlands, or State-owned lakes, the party or parties desiring to do such shall first obtain a permit from the Department. Granting of the State permit shall not relieve any party from the necessity of obtaining a permit from the United States Army Corps of Engineers for work in navigable waters, if the same is required. The Department shall continue to coordinate projects pertaining to navigation with the United States Army Corps of Engineers."
(c)	G.S. 113-229(m) reads as rewritten:
"(m)	This section shall apply to all persons, firms, or corporations, their employees, agents, or contractors proposing excavation or filling work in the estuarine waters, tidelands, marshlands and State-owned lakes within the State, and the work to be performed by the State government or local governments. Provided, however, the provisions of this section shall not apply to the activities and functions of the Department and local health departments that are engaged in mosquito control for the protection of the health and welfare of the people of the coastal area of North Carolina as provided under G.S. 130A-346 through G.S. 130A-349. Provided, further, this section shall not impair the riparian right of ingress and egress to navigable waters."
Sec. 56.  G.S. 113-291.9(g) reads as rewritten:
"(g)	This section shall not apply to Buncombe, Madison, McDowell, or Yancey County."
Sec. 57.  G.S. 113-315.5 reads as rewritten:
"§ 113-315.5.  Alternative method for collection of assessment.
As an alternate method for the collection of assessments provided for in G.S. 113-315.4, upon the request or petition of the agency and action by the Marine Fisheries Commission as prescribed in G.S. 113-313, the Secretary shall notify, by letter, all persons or firms licensed by the Marine Fisheries Commission to engage in business and commerce as may be directly affected by the paying of the assessment, that on and after the date specified in the letter the assessment shall become due and payable, and shall be remitted by said persons or firms to the Secretary who shall thereupon pay the amount of the assessments to the agency. The books and records of all such persons and firms shall at all times during regular business hours be open for inspection by the Secretary or his duly authorized agents."
Sec. 58.  G.S. 113A-103(5)c.3. reads as rewritten:
"3.	Whether or not dredging or filling is involved in the maintenance or improvement."
Sec. 59.  G.S. 115C-12(22) reads as rewritten:
"(22)	Duty to Monitor the Decisions of Teachers to Leave the Teaching Profession. – The State Board of Education shall monitor and compile an annual report on the decisions of teachers to leave the teaching profession. The State Board shall adopt standard procedures for each local board of education to use in requesting the information from teachers who are not continuing to work as teachers in the local school administrative unit and shall require each local board of education to report the information to the State Board in a standard format adopted by the State Board."
Sec. 60.  G.S. 115C-48 reads as rewritten:
"§ 115C-48.  Penalties for certain conduct.
(a)	Members of local boards of education are criminally liable for certain conduct as provided in G.S. 14-234 through 14-237.
(b)	Members of local boards of education are civilly liable for certain conduct as provided in G.S. 115C-441."
Sec. 61.  G.S. 115C-81(a1) reads as rewritten:
"(a1)	The Basic Education Program shall describe the education program to be offered to every child in the public schools. It shall provide every student in the State equal access to a Basic Education Program. Instruction shall be offered in the areas of arts, communication skills, physical education and personal health and safety, mathematics, media and computer skills, science, second languages, social studies, and vocational and technical education.
Instruction in vocational and technical education under the Basic Education Program shall be based on factors including:
(1)	The integration of academic and vocational and technical education;
(2)	A sequential course of study leading to both academic and occupational competencies;
(3)	Increased student work skill attainment and job placement;
(4)	Increased linkages, where geographically feasible, between public schools and community colleges, so the public schools can emphasize academic preparation and the community colleges can emphasize specific job training; and
(5)	Instruction and experience, to the extent practicable, in all aspects of the industry the students are prepared to enter."
Sec. 62.  G.S. 115C-81(d) reads as rewritten:
"(d)	The standard course of study as it exists on January 1, 1985, and as subsequently revised by the State Board, shall remain in effect until its components have been fully incorporated and implemented as a part of the Basic Education Program."
Sec. 64.  G.S. 115D-32(c) reads as rewritten:
"(c)	The board of trustees of each institution may apply institutional funds provided in accordance with G.S. 115D-54(b)(3) for such purposes as may be determined by the board of trustees of the institution."
Sec. 65.  G.S. 116-233(e) reads as rewritten:
"(e)	Of the initial members appointed under G.S. 116-233(a)(5), one member shall serve a term to expire June 30, 1987, and one member shall serve a term to expire June 30, 1989. Subsequent appointments shall be for four-year terms. The initial members appointed under G.S. 116-233(a)(6), shall be appointed for terms to expire June 30, 1987. Subsequent appointments shall be for two-year terms. The initial members appointed under G.S. 116-233(a)(7) shall be appointed for terms to expire January 15, 1989. Successors shall be appointed for four-year terms."
Sec. 66.  G.S. 116-234(d) reads as rewritten:
"(d)	Members of the Board of Trustees, other than ex officio members under G.S. 116-233(a)(3), shall receive such per diem compensation and necessary travel and subsistence expenses while engaged in the discharge of their official duties as is provided by law for members of State boards and commissions. Ex officio members under G.S. 116-233(a)(3) shall be reimbursed for travel expenses as provided by G.S. 138-6."
Sec. 67.  G.S. 126-7(c)(7) reads as rewritten:
"(7)	An employee who disputes the fairness of his or her performance appraisal or the amount of a performance bonus awarded or who believes that he or she was unfairly denied a career growth recognition award or performance bonus shall first discuss the problem with his or her supervisor.  Appeals of the supervisor's decision shall be made only to the grievance committee or internal performance review board of the department, agency, or institution which shall make a recommendation to the head of the department, agency, or institution for final decision.  The State Personnel Director shall help a department, agency, or institution establish an internal performance review board or, if it includes employee members, to use its existing grievance committee to hear performance pay disputes.  Notwithstanding G.S. 150B-2(2) and G.S. 126-22, 126-25, and 126-34, performance pay disputes, including disputes about individual performance appraisals, shall not be considered contested case issues."
Sec. 68.  G.S. 128-30(b1) reads as rewritten:
"(b1)	Pick Up of Employee Contributions. – Anything within this section to the contrary notwithstanding, effective July 1, 1982, an employer, pursuant to the provisions of section 414(h)(2) of the Internal Revenue Code of 1954 as amended, may elect to pick up and pay the contributions which would be payable by the employees as members under subsection (b) of this section with respect to the service of employees after June 30, 1982.
The members' contributions picked up by an employer shall be designated for all purposes of the Retirement System as member contributions, except for the determination of tax upon a distribution from the System.  These contributions shall be credited to the annuity savings fund and accumulated within the fund in a member's account which shall be separately established for the purpose of accounting for picked-up contributions.
Member contributions picked up by an employer shall be payable from the same source of funds used for the payment of compensation to a member.  A deduction shall be made from a member's compensation equal to the amount of his contributions picked up by his employer.  This deduction, however, shall not reduce his compensation as defined in subdivision (7a)	of G.S. 128-21.  Picked-up contributions shall be transmitted to the System monthly for the preceding month by means of a warrant drawn by the employer and payable to the Local Governmental Employees' Retirement System and shall be accompanied by a schedule of the picked-up contributions on such forms as may be prescribed.  In the case of a failure to fulfill these conditions the provisions of subsection (g)(3) of this section shall apply."
Sec. 69.  G.S. 130A-131.15(c) reads as rewritten:
"(c)	The Department shall evaluate all of the adolescent pregnancy prevention projects funded as a result of this program at least yearly and shall report its findings to the Commission for Health Services, the Joint Legislative Commission on Governmental Operations, and the Chairmen of the House Appropriations Subcommittee on Natural and Economic Resources, and the Senate Appropriations Committee on Natural and Economic Resources by April 1 of each year.  The evaluation shall be conducted by a firm or individual external to the Department.  Any evaluation of these projects shall include a study of the effectiveness of the project in reducing the pregnancy rate within the target population."
Sec. 70.  G.S. 130A-294(h)(5) reads as rewritten:
"(5)	No hazardous waste disposal facility operated pursuant to Chapter 130B of the General Statutes shall be located within 25 miles of a polychlorinated biphenyl landfill facility."
Sec. 71.  G.S. 131E-7(a)(6) reads as rewritten:
"(6)	To establish a fee schedule for services received from hospital facilities and to make services available regardless of ability to pay."
Sec. 72.  G.S. 131E-115 reads as rewritten:
"§ 131E-115.  Legislative intent.
It is the intent of the General Assembly to promote the interests and well-being of the patients in nursing homes and homes for the aged and disabled licensed pursuant to G.S. 131E-102, and patients in a nursing home operated by a hospital which is licensed under Article 5 of Chapter 131E of the General Statutes.  It is the intent of the General Assembly that every patient's civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed and that the facility shall encourage and assist the patient in the fullest possible exercise of these rights."
Sec. 73.  G.S. 131E-250(b) reads as rewritten:
"(b)	A public hospital or a State hospital may donate medical equipment it determines is no longer needed by the hospital to any of the following if the property so donated is to be used by a hospital or medical facility in another country:
(1)	A corporation that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986.
(2)	The United States or any agency of it.
(3)	The government of a foreign country or any political subdivision of that country.
(4)	The United Nations or an agency of it.
(5)	Other eleemosynary institutions and groups.
."
Sec. 73.1.  G.S. 135-3(8)c. reads as rewritten:
"c.	Should a beneficiary who retired on an early or service retirement allowance under this Chapter be reemployed, or otherwise engaged to perform services, by an employer participating in the Retirement System on a part-time, temporary, interim, or on a fee-for-service basis, whether contractual or otherwise, and if such beneficiary earns an amount in any calendar year which exceeds fifty percent (50%) of the reported compensation, excluding terminal payments, during the 12 months of service preceding the effective date of retirement, or twenty thousand dollars ($20,000), whichever is greater, as hereinafter indexed, then the retirement allowance shall be suspended as of the first day of the month following the month in which the reemployment earnings exceed the amount above, for the balance of the calendar year. The retirement allowance of the beneficiary shall be reinstated as of January 1 of each year following suspension. The amount that may be earned before suspension shall be increased on January 1 of each year by the ratio of the Consumer Price Index to the Index one year earlier, calculated to the nearest tenth of a percent (1/10 of 1%)."
Sec. 74.  G.S. 135-5(b13)(2)b. reads as rewritten:
"b.	This allowance shall also be governed by the provisions of G.S. 135-5(b9)(2)b., c., and d."
Sec. 75.  G.S. 135-5(b14)(2)c. reads as rewritten:
"c.	If the member's service retirement date occurs before his 60th birthday and prior to the completion of 30 or more years of creditable service, the service retirement allowance shall be the actuarial equivalent of the allowance payable at the age of 60 years as computed in G.S. 135-5(b14)(2)b."
Sec. 76.  G.S. 135-64(b) reads as rewritten:
"(b)	In the event of the death of a former member prior to his sixty-fifth birthday while in receipt of a retirement allowance pursuant to his retirement under the provisions of G.S. 135-59, there shall be paid to the former member's surviving spouse, if any, an annual retirement allowance, payable monthly, which shall commence on the first day of the calendar month next following the date of death of the former member and shall be continued on the first day of each month thereafter until the remarriage or death of the spouse. The amount of any such allowance shall be equal to one half of the allowance to which the former member would have been entitled under the provisions of G.S. 135-58 if he had remained in service from his disability retirement date to his date of death with no change in his final compensation or status and had then retired, reduced by two percent (2%) thereof for each full year, if any, by which the age of the former member at date of death exceeds that of his spouse."
Sec. 77.  G.S. 143-23(c) reads as rewritten:
"(c)	Transfers or changes as between objects or line items in the budget of the Senate may be made by the President Pro Tempore of the Senate."
Sec. 78.  G.S. 143-23(d) reads as rewritten:
"(d)	Transfers or changes as between objects or line items in the budget of the House of Representatives may be made by the Speaker of the House of Representatives."
Sec. 79.  G.S. 143-128(c)(2)b. reads as rewritten:
"b.	Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race;".
Sec. 80.  G.S. 143-215.26(b) reads as rewritten:
"(b)	The Department shall send a copy of each completed application to the State Health Director, the Wildlife Resources Commission, the Department of Transportation, and other State and local agencies it considers appropriate for review and comment."
Sec. 81.  G.S. 143-247.2(a) reads as rewritten:
"(a)	Account. – The Wildlife Conservation Account is established within the Wildlife Resources Fund and is subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.  Revenue is credited to the Account from donations of income tax refunds, from other donations, and from revenue derived from the sale of wildlife resources license plates.  The Commission may use revenue in the Account only for the following purposes:
(1)	To manage, preserve, or protect wildlife species that are endangered, threatened, or of special concern and are included on the State's protected animal lists.
(2)	To manage, preserve, or protect nongame wildlife species that are not on the State's protected animal lists.
(3)	To administer and enforce nongame wildlife programs under the jurisdiction of the Commission."
Sec. 82.  G.S. 143-291.3 reads as rewritten:
"§ 143-291.3.  Counterclaims by State.
The filing of a claim under this Article shall constitute consent by the plaintiff(s)	to the jurisdiction of the Industrial Commission to hear and determine any counterclaim of one hundred fifty thousand dollars ($150,000) or less which may be filed on behalf of a State department, institution, or agency or a county or city board of education.  A final award of the Industrial Commission awarding damages on a counterclaim shall be filed with the Clerk of the Superior Court of the county wherein the case was heard.  These awards shall be docketed and shall be enforceable in the same manner as judgments of the General Court of Justice.  Notwithstanding the provisions of Rule 12 of the Rules of Civil Procedure, nothing in this section shall require the filing of such a counterclaim."
Sec. 83.  G.S. 143-299.2 reads as rewritten:
"§ 143-299.2.  Limitation on payments by the State.
The maximum amount which the State may pay cumulatively to all claimants on account of injury and damage to any one person, whether the claim or claims are brought under this Article or Article 31A or Article 31B, shall be one hundred fifty thousand dollars ($150,000), less any commercial liability insurance purchased by the State and applicable to the claim or claims under G.S. 143-291(b), 143-300.6(c), or 143-300.16(c).  The fact that a claim or claims may be brought under more than one Article under this Chapter shall not increase the above maximum liability of the State."
Sec. 84.  G.S. 143-318.11(a) reads as rewritten:
"(a)	Permitted Purposes. – It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required:
(1)	To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.
(2)	To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award.
(3)	To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded.
(4)	To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.
(5)	To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.
(6)	To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.
(7)	To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct."
Sec. 85.  G.S. 143-355(l) reads as rewritten:
"(l)	Each unit of local government that provides public water services or that plans to provide public water service shall, either individually or together with other units of local government, prepare a local water supply plan and submit it to the Department.  The Department shall provide technical assistance with the preparation of plans to units of local government upon request and to the extent that the Department has resources available to provide assistance.  At a minimum, local units of government shall include in local water supply plans all information that is readily available to them.  However this subsection shall be construed to require the preparation of local water supply plans only to the extent that technical assistance is made available to units of local government from the Department.  Plans shall include present and projected population, industrial development, and water use within the service area, present and future water supplies, an estimate of the technical assistance that may be needed at the local level to address projected water needs, and any other related information as the Department may require in the preparation of a State water supply plan.  Local plans shall be revised to reflect changes in relevant data and projections at least once each five years unless the Department requests more frequent revisions.  Local plans and revised plans shall be submitted to the Department once they have been approved by the unit(s) of local government."
Sec. 86.  G.S. 143-621 reads as rewritten:
"§ 143-621.  Purpose and intent.
The purpose and intent of this Article is to increase the affordability, efficiency, and fairness of health care coverage for small employers.
This Article promotes the development of voluntary purchasing Alliances to provide affordable health care coverage for self-employed individuals and employees of participating small employers in the manner of large employer groups.  The Alliances will allow members to benefit from the contracting expertise and the administrative savings that can result from the pooling of small employers and self-employed individuals.
These Alliances will make available through their contracting processes a choice of Accountable Health Carriers that arrange for quality health services in a cost-effective manner.  This Article establishes rules for fair competition among competing Accountable Health Carriers.  These rules include the offering of comparable benefits by competing Accountable Health Carriers, risk assessment, and risk adjustment to assure competition based on a fair allocation of risk among Accountable Health Carriers, and the providing of data that measures clinical outcomes and other valid areas of Accountable Health Carrier performance.
Carriers throughout the health care coverage market for small employers are required to use adjusted community rating, guarantee the continuity of coverage, adhere to limitations on the use of preexisting conditions, abolish individual medical underwriting, and follow rules limiting the use of participation requirements."
Sec. 87.  G.S. 143-622(15)a.1. reads as rewritten:
"1.	Lost coverage under another health plan as a result of termination of employment, the termination of coverage under another health plan, the death of a spouse, or divorce and requests enrollment in a qualified health care plan within 30 days after termination of coverage; or".
Sec. 88.  G.S. 143-627(d) reads as rewritten:
"(d)	Of the initially elected members of each Alliance Board, six members shall be designated to serve two-year terms and the remaining five members shall serve four-year terms.  Thereafter, the term of an elected member shall be four years."
Sec. 89.  G.S. 143-627(e) reads as rewritten:
"(e)	Vacancies on an Alliance Board shall be filled for the remaining period of the term by a majority vote of the remaining Board members.  A member appointed to fill a vacancy may serve for the remainder of the term and until a qualified successor is elected for a new term."
Sec. 90.  G.S. 143-627(i) reads as rewritten:
"(i)	The Alliance Board shall meet at times and places as it determines necessary to operate the Alliance in accordance with this section and G.S. 143-628.  Such meetings shall be governed by the procedures and policies set forth by the North Carolina Open Meetings Law, Article 33C of Chapter 143 of the General Statutes."
Sec. 91.  G.S. 143-628(2) reads as rewritten:
"(2)	Enter into contracts with member small employers pursuant to G.S. 143-630;".
Sec. 92.  G.S. 143-628(7) reads as rewritten:
"(7)	Impose annual surcharges established at the beginning of the fiscal year to be paid monthly by member small employers for necessary costs incurred in connection with the operation of the Alliance.  The amount of annual surcharges shall cover any default on insurer premium payments by member small employers;".
Sec. 93.  G.S. 143-629(d)(5) reads as rewritten:
"(5)	Comply with all rules regarding rating, underwriting, claims handling, sales, solicitation, licensing, unfair trade practices and other provisions in this Article and Chapter 58 of the General Statutes;".
Sec. 94.  G.S. 143-629(d)(8) reads as rewritten:
"(8)	Provide a procedure for addressing grievances that arise between the Accountable Health Carrier and the Alliance, member small employers, or employee enrollees."
Sec. 95.  G.S. 143-632(f) reads as rewritten:
"(f)	An Alliance shall notify the Board of any marketing practices or materials that it finds contrary to the fair and affirmative marketing requirements of this Article.  Furthermore, the Board shall monitor compliance with this section, including the conduct of Accountable Health Carriers and their agents, brokers, or contractors, and shall report to the Department of Insurance any unfair trade practices and misleading or unfair conduct that has been reported to the Board by Alliances, agents, consumers, or any other individual.  The Department of Insurance shall investigate all reports and, upon a finding of noncompliance with this section or of unfair and misleading practices, shall take action against violators as permitted under Chapter 58 of the General Statutes or this Article.  The Board shall forward all reports of cases of abuse to the Department of Insurance for investigation."
Sec. 96.  G.S. 143A-11 reads as rewritten:
"§ 143A-11.  Principal departments.
Except as otherwise provided by this Chapter, or the State Constitution, all executive and administrative powers, duties and functions, not including those of the General Assembly and the judiciary, previously vested by law in the several State agencies, are vested in the following principal offices or departments:
(1)	Office of the Governor.
(2)	Office of the Lieutenant Governor.
(3)	Department of the Secretary of State.
(4)	Department of State Auditor.
(5)	Department of State Treasurer.
(6)	Department of Public Instruction.
(7)	Department of Justice.
(8)	Department of Agriculture.
(9)	Department of Labor.
(10)	Department of Insurance.
			(14)	Repealed by Session Laws 1973, c. 476, s. 6.
		(17), (18)	Repealed by Session Laws 1973, c. 476, s. 6.
(19)	Repealed by Session Laws 1973, c. 620, s. 9."
Sec. 97.  G.S. 143B-168.15(b) reads as rewritten:
"(b)	Depending on local, regional, or statewide needs, funds may be used to support activities and services that shall be made available and accessible to providers, children, and families on a voluntary basis. Of the funds allocated to local partnerships that are designated by the Secretary for direct services, seventy-five percent (75%) shall be used for any one or more of the following activities and services:
(1)	Child day care services, including:
a.	Child day care subsidies to reduce waiting lists;
b.	Raising the county child day care subsidy rate to the State market rate, if applicable, in return for improvements in the quality of child day care services;
c.	Raising the income eligibility for child day care subsidies to seventy-five percent (75%) of the State median family income;
d.	Start-up funding for child day care providers;
e.	Assistance to enable child day care providers to conform to licensing and building code requirements;
f.	Child day care resources and referral services;
g.	Enhancement of the quality of child day care provided;
h.	Technical assistance for child day care providers;
i.	Quality grants for child day care centers or family child day care homes;
j.	Expanded services or enhanced rates for children with special needs;
k.	Head Start services;
l.	Development of comprehensive child day care services that include child health and family support;
m.	Activities to reduce staff turnover;
n.	Activities to serve children with special needs;
o.	Transportation services related to providing child day care services;
p.	Evaluation of plan implementation of child day care services; and
q.	Needs and resources assessments for child day care services.
(2)	Family- and child-centered services, including early childhood education and child development services, including:
a.	Enhancement of the quality of family- and child-centered services provided;
b.	Technical assistance for family- and child-centered services;
c.	Needs and resource assessments for family- and child-centered services;
d.	Home-centered services; and
e.	Evaluation of plan implementation of family- and child-centered services.
(3)	Other appropriate activities and services for child day care providers and for family- and child-centered services, including:
a.	Staff and organizational development, leadership and administrative development, technology assisted education, and long-range planning; and
b.	Procedures to ensure that infants and young children receive needed health, immunization, and related services."
Sec. 98.  G.S. 143B-390.1 is recodified as G.S. 143B-289.19.
Sec. 99.  G.S. 143B-426.39A reads as rewritten:
"§ 143B-426.39A.  Information Highway Grants Advisory Council.
(a)	The Information Highway Grants Advisory Council is created within the Office of the State Controller. The Council shall consist of 18 members as follows:
(1)	Five members to be appointed by the Governor.
(2)	Four members to be appointed by the Speaker of the House of Representatives, at least one of whom shall be a public member.
(3)	Four members to be appointed by the President Pro Tempore of the Senate, at least one of whom shall be a public member.
(4)	One representative from the Department of Public Instruction to be designated by the Superintendent of Public Instruction.
(5)	One representative from the Department of Community Colleges to be designated by the President of the Community College System.
(6)	One representative from The University of North Carolina to be designated by the President of The University of North Carolina.
(7)	One representative from the Office of the State Controller, to be designated by the State Controller.
(8)	One representative from the North Carolina School of Science and Mathematics, to designated by the Board of Trustees.
Members of the Council shall be appointed by September 1, 1994, and shall serve two-year terms. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate a cochair from among the members of the General Assembly they appoint to the Council. Vacancies on the Council shall be filled in the same manner as the original appointment.
The members of the Council shall not receive compensation but may receive subsistence and travel in accordance with G.S. 120-3.1, G.S. 138-5, and G.S. 138-6 as appropriate.
(b)	The Information Highway Grants Advisory Council shall meet as often as needed to transact its business. The first meeting of the Council shall be called by the cochairs. A majority of the members of the Council shall constitute a quorum. The Office of the State Controller shall provide staff and space to the Council.
(c)	The Information Highway Grants Advisory Council shall advise the Governor, the General Assembly, and Office of the State Controller on matters pertaining to the North Carolina Information Highway. The Information Highway Grants Advisory Council shall, by September 30, 1994, develop criteria for evaluating grant applications under this section. The Information Highway Grants Advisory Council shall evaluate the grant applications and make recommendations to the State Controller regarding grant recipients by December 1, 1994. The State Controller shall not award grants before December 15, 1994. The State Controller shall notify the Information Highway Grants Advisory Council as to whom the intended grant recipients are 15 days prior to awarding the grants."
Sec. 100.  G.S. 147-45 reads as rewritten:
"§ 147-45.  Distribution of copies of State publications.
The Secretary of State shall, at the State's expense, as soon as possible after publication, provide such number of copies of the Session Laws and Senate and House Journals to federal, State, and local governmental officials, departments and agencies, and to educational institutions of instruction and exchange use, as is set out in the table below:
Session	Assembly
Agency or Institution	Laws	Journals
Governor, Office of the	3	2
Lieutenant Governor, Office of the	1	1
Secretary of State, Department of the	3	3
Auditor, Department of the State	3	1
Treasurer, Department of the State	3	1
Local Government Commission	2	0
State Board of Education	1	0
Department of Public Instruction	3	1
Controller	1	0
Technical Assistance Centers	1 ea.	0
Department of Community Colleges	3	1
Justice, Department of
Office of the Attorney General	25	3
Budget Bureau (Administration)	1	0
Property Control (Administration)	1	1
State Bureau of Investigation	1	0
Agriculture, Department of	3	1
Labor, Department of	5	1
Insurance, Department of	5	1
Administration, Department of	1	1
Budget Bureau	2	1
Controller	1	0
Property Control	1	0
Purchase and Contract	2	0
Policy and Development	1	0
Veterans Affairs Commission	1	0
Environment, Health, and Natural
Resources, Department of	1	0
Division of Environmental Management	2	0
Board of Environment, Health, and
   Natural Resources	1	0
Soil and Water Conservation Commission	1	0
Wildlife Resources Commission	2	0
Revenue, Department of	5	1
Human Resources, Department of	3	0
Board of Human Resources	1	0
Health Services, Division of	3	0
Mental Health, Developmental
	   Disabilities, and Substance Abuse Services,
   Division of	1	0
Social Services, Division of	3	0
Facilities Services, Division of	1	0
Youth Services, Division of	1	0
Hospitals and Institutions	1 ea.	0
Transportation, Department of	1	0
Board of Transportation	3	0
Motor Vehicles, Division of	1	0
Commerce, Department of	1	0
Economic Development, Division of	2	0
State Ports Authority	1	0
Alcoholic Beverage Control Commission,
   North Carolina	2	0
Banking Commission	2	0
Utilities Commission	8	1
Industrial Commission	7	0
Labor Force Development Council	1	0
Milk Commission	5	0
Employment Security Commission	1	1
Correction, Department of	1	0
Department of Correction	2	0
Parole Commission	2	0
State Prison	1	0
Correctional Institutions	1 ea.	0
Cultural Resources, Department of	1	0
Archives and History, Division of	5	1
State Library	5	5
Publications Division	1	1
Crime Control and Public Safety,
Department of	2	1
North Carolina Crime Commission	1	0
Adjutant General	2	0
Elections, State Board of	2	0
Office of Administrative Hearings	2	0
Legislative Branch
State Senators	1 ea.	1 ea.
State Representatives	1 ea.	1 ea.
Principal Clerk – Senate	1	1
Principal Clerk – House	1	1
Reading Clerk – Senate	1	1
Reading Clerk – House	1	1
Sergeant at Arms – House	1	1
Sergeant at Arms – Senate	1	1
Enrolling Clerk	1	0
Engrossing Clerk	1	0
Indexer of the Laws	1	0
Legislative Building Library	35	15
Judicial System
Justices of the Supreme Court	1 ea.	1 ea.
Judges of the Court of Appeals	1 ea.	1 ea.
Judges of the Superior Court	1 ea.	0
Emergency and Special Judges of the
   Superior Court	1 ea.	0
District Court Judges	1 ea.	0
District Attorneys	1 ea.	0
Clerk of the Supreme Court	1	1
Clerk of the Court of Appeals	1	1
Administrative Office of the Courts	4	1
   Supreme Court Library	AS MANY AS REQUESTED
Colleges and Universities
The University of North Carolina System
Administrative Offices	3	0
University of North Carolina, Chapel Hill	65	25
University of North Carolina, Charlotte	3	1
University of North Carolina, Greensboro	3	1
University of North Carolina, Asheville	2	1
University of North Carolina, Wilmington	2	1
North Carolina State University, Raleigh	5	3
Appalachian State University	2	1
East Carolina University	3	2
Elizabeth City State University	2	1
Fayetteville State University	2	1
North Carolina Agricultural and
   Technical University	2	1
North Carolina Central University	5	5
Western Carolina University	2	1
Pembroke State University	2	1
Winston-Salem State University	2	1
North Carolina School of the Arts	1	1
Private Institutions
Duke University	6	6
Davidson College	3	2
Wake Forest University	5	5
Lenoir Rhyne College	1	1
Elon College	1	1
Guilford College	1	1
Campbell University	5	5
Wingate College	1	1
Pfeiffer College	1	1
Barber Scotia College	1	1
Barton College	1	1
Shaw University	1	1
St. Augustine's College	1	1
J.C. Smith University	1	1
Belmont Abbey College	1	1
Bennett College	1	1
Catawba College	1	1
Gardner-Webb College	1	1
Greensboro College	1	1
High Point College	1	1
Livingstone College	1	1
Mars Hill College	1	1
Meredith College	1	1
Methodist College	1	1
North Carolina Wesleyan College	1	1
Queens College	1	1
Sacred Heart College	1	1
St. Andrews Presbyterian College	1	1
Salem College	1	1
Warren Wilson College	1	1
County and Local Officials
Clerks of the Superior Court	1 ea.	1 ea.
Register of Deeds	1 ea.	1 ea.
Federal, Out-of-State and Foreign
Secretary to the President	1	0
Secretary of State	1	1
Secretary of Defense	1	0
Secretary of Agriculture	1	0
Secretary of the Interior	1	0
Secretary of Labor	1	1
Secretary of Commerce	1	1
Secretary of the Treasury	1	0
Secretary of Health, Education and Welfare	1	0
Secretary of Housing and Urban Development	1	0
Secretary of Transportation	1	0
Attorney General	1	0
Postmaster General	1	0
Bureau of Census	1	0
Bureau of Public Roads	1	0
Department of Justice	1	0
Department of Internal Revenue	1	0
Veterans' Administration	1	0
Farm Credit Administration	1	0
Securities and Exchange Commission	1	0
Social Security Board	1	0
Environmental Protection Agency	1	0
Library of Congress	8	2
Federal Judges resident in North Carolina	1 ea.	0
Federal District Attorneys resident in
   North Carolina	1 ea.	0
Marshal of the United States Supreme Court	1	0
Federal Clerks of Court resident in North Carolina	1 ea. 0
Supreme Court Library exchange list	1 ea.	0
One copy of the Session Laws shall be furnished the head of any department of State government created in the future.
State agencies, institutions, etc., not found in or covered by this list may, upon written request from their respective department head to the Secretary of State, and upon the discretion of the Secretary of State as to need, be issued copies of the Session Laws on a permanent loan basis with the understanding that should said copies be needed they will be recalled."
Sec. 101.  G.S. 147-54 reads as rewritten:
"§ 147-54.  Printing, distribution and sale of the North Carolina Manual.
The Secretary of State shall have printed biennially for distribution and sale, five thousand (5,000) copies of the North Carolina Manual, and shall make distribution to the State agencies, individuals, institutions and others as herein set forth.
NORTH CAROLINA STATE GOVERNMENT:
Members of the General Assembly	2 ea.
Officers of the General Assembly	1 ea.
Offices of the Clerk of each House of the General Assembly 1 ea.
Legislative Services Officer	1
Legislative Library	6
Members of the Council of State	2 ea.
Appointed Secretaries of Executive Departments	2 ea.
Personnel of the Department of the Secretary of State	1 ea.
State Board of Elections	2
Divisions of Archives and History, Director	1
Search Room	3
Publications Section	2
State Library	10
Libraries within State Agencies	1 ea.
Justices of the North Carolina Supreme Court	1 ea.
Judges of the North Carolina Court of Appeals	1 ea.
Judges of the North Carolina Superior Court	1 ea.
Supreme Court Library	12
Court of Appeals Library	2
Clerk of the Supreme Court	1
Clerk of the Court of Appeals	1
Reporter of the Supreme Court and Court of Appeals	1
Administrative Office of the Courts	5
NORTH CAROLINA EDUCATIONAL INSTITUTIONS:
University of North Carolina System
General Administration Offices	12
Chancellors of the Constituent Institutions	1 ea.
University of North Carolina – Chapel Hill Library	15
North Carolina State University Library	5
East Carolina University Library	5
North Carolina Central University Library	5
Appalachian State University Library	4
University of North Carolina – Charlotte Library	4
University of North Carolina – Greensboro Library	4
Western Carolina University Library	4
Other Constituent Institutions Libraries	3 ea.
North Carolina School of the Arts	2
Institute of Government	2
Community Colleges and Technical Institutes	2 ea.
Private Colleges and Universities
Duke University Library	6
Wake Forest University	6
Campbell University Library	5
Davidson College Library	4
All other Libraries of Senior and Junior Colleges	2 ea.
Public and Private Schools containing grades 8-12	1 ea.
COUNTY GOVERNMENT:
Clerks of Court	1 ea.
Registers of Deeds	1 ea.
Public Libraries of North Carolina	1 ea.
FEDERAL GOVERNMENT:
President of the United States	1
North Carolina Members of the Presidential Cabinet	1 ea.
North Carolina Members of the United States Congress	2 ea.
Library of Congress	3
Resident Judges of the Federal Judiciary
and United States Attorneys in North Carolina	1 ea.
Secretaries of State of the United States
and Territories	1 ea.
After making the above distribution, the remainder shall be sold at the cost of publication plus tax and postage and the proceeds from such sales deposited with the State Treasurer for use by the Publications Division of the Secretary of State's Office to defray the expense of publishing the North Carolina Manual.  Libraries and educational institutions not covered in the above distribution shall be entitled to a twenty percent (20%) discount on the cost of any purchase(s)."
Sec. 103.  G.S. 158-8.1(b) reads as rewritten:
"(b)	The Commission shall consist of 15 members appointed as follows:
(1)	Three members shall be appointed by the Governor;
(2)	Two members shall be appointed by the Lieutenant Governor;
(3)	Five members shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121; and
(4)	Five members shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121."
Sec. 104.  G.S. 158-8.1(c) reads as rewritten:
"(c)	The appointing authority shall designate two of the initial appointees pursuant to subdivision (b)(1), one of the initial appointees pursuant to subdivision (b)(2), two of the initial appointees pursuant to subdivision (b)(3), and two of the initial appointees pursuant to subdivision (b)(4) to serve for terms ending June 30, 1995;  the remainder of the initial appointees shall serve for terms ending June 30, 1997.  Their successors shall serve for four-year terms ending on June 30 quadrennially thereafter.
Any appointment to fill a vacancy on the Commission shall be for the balance of the unexpired term.  Vacancies in appointments made by the General Assembly shall be in accordance with G.S. 120-122."
Sec. 105.  G.S. 158-8.1(e)(1) reads as rewritten:
"(1)	Survey Western North Carolina and determine the assets, liabilities, and resources that the region contributes to the economic development process."
Sec. 106.  G.S. 158-8.2(b) reads as rewritten:
"(b)	The Commission shall consist of 17 members appointed as follows:
(1)	Five members shall be appointed by the Governor, including one developer of northeastern North Carolina, one banker, one county commissioner from Camden, Currituck, Pasquotank, or Perquimans Counties, or from the county or counties assigned to the Commission by the Department of Commerce as authorized by law, and one county commissioner from Beaufort, Bertie, Chowan, or Martin Counties, or from the county or counties assigned to the Commission by the Department of Commerce as authorized by law;
(2)	Five members shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, including one developer of northeastern North Carolina, one banker, and one county commissioner from Dare, Hyde, Tyrrell, or Washington Counties;
(3)	Five members shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, including one developer of northeastern North Carolina, one banker, and one county commissioner from Halifax, Hertford, Gates, or Northampton Counties;
(4)	The Secretary of Commerce or a designee; and
(5)	The Secretary of Environment, Health, and Natural Resources, or a designee.
Any person appointed to the Commission in a categorical appointment as a county commissioner may hold such office in addition to the offices permitted by G.S. 128-1.1."
Sec. 107.  G.S. 158-8.2(c) reads as rewritten:
"(c)	The appointing authority shall designate two of the initial appointees pursuant to subdivision (b)(1), one of the initial appointees pursuant to subdivision  (b)(2), two of the initial appointees pursuant to subdivision (b)(3), and two of the initial appointees pursuant to subdivision (b)(4) to serve for terms ending June 30, 1995; the remainder of the initial appointees shall serve for terms ending June 30, 1997.  Their successors shall serve for four-year terms ending on June 30 quadrennially thereafter."
Sec. 108.  G.S. 158-8.2(f)(1)a. reads as rewritten:
"a.	Survey northeastern North Carolina and determine the assets, liabilities, and resources that the region contributes to the economic development process;".
Sec. 109.  G.S. 158-8.2(g) reads as rewritten:
"(g)	Within the limits of funds available, the Commission may hire and fix the compensation of any personnel necessary to its operations, contract with consultants for any services as it may require, and contract with the State of North Carolina or the federal government, or any agency or department thereof, for any services as may be provided by those agencies.  The Commission may carry out the provisions of any contracts it may enter.
Within the limits of funds available, the Commission may lease, rent, purchase, or otherwise obtain suitable quarters and office space for its staff, and may lease, rent, or purchase necessary furniture, fixtures, and other equipment."
Sec. 110.  G.S. 158-8.3(b) reads as rewritten:
"(b)	The Commission shall consist of 15 members appointed as follows:
(1)	Three members shall be appointed by the Governor;
(2)	Two members shall be appointed by the Lieutenant Governor;
(3)	Five members shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121; and
(4)	Five members shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121."
Sec. 111.  G.S. 158-8.3(c) reads as rewritten:
"(c)	The appointing authority shall designate two of the initial appointees pursuant to subdivision (b)(1) of this section, one of the initial appointees pursuant to subdivision (b)(2) of this section, two of the initial appointees pursuant to subdivision (b)(3) of this section, and two of the initial appointees pursuant to subdivision (b)(4) of this section to serve for terms ending June 30, 1995;  the remainder of the initial appointees shall serve for terms ending June 30, 1997.  Their successors shall serve for four-year terms ending on June 30 quadrennially thereafter.
Any appointment to fill a vacancy on the Commission shall be for the balance of the unexpired term.  Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122."
Sec. 112.  G.S. 160A-443(7) reads as rewritten:
"(7)	If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the city to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed 10 days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the governing body pursuant to subdivision (5) authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the governing body has ordered the public officer to proceed to exercise his duties under subdivisions (4) and (5) of this section to vacate and close or remove and demolish the dwelling."
Sec. 113.  G.S. 162A-6(14a) reads as rewritten:
"(14a)	To make special assessments against benefited property within the area served or to be served by the authority for the purpose of constructing, reconstructing, extending, or otherwise improving water systems or sanitary collection, treatment, and sewage disposal systems, in the same manner that a county may make special assessments under authority of Chapter 153A, Article 9, except that the language appearing in G.S. 153A-185 reading as follows: 'A county may not assess property within a city pursuant to subdivision (1) or (2) of this section unless the governing board of the city has by resolution approved the project,' shall not apply to assessments levied by Water and Sewer Authorities established pursuant to Chapter 162A, Article 1, of the General Statutes. For the purposes of this paragraph, references in Chapter 153A, Article 9, to the 'county,' the 'board of county commissioners,' 'the board' or a specific county official or employee are deemed to refer, respectively, to the authority and to the official or employee of the authority who performs most nearly the same duties performed by the specified county official or employee.
		   Assessment rolls after being confirmed shall be filed for registration in the office of the Register of Deeds of the county in which the property being assessed is located, and the term 'county tax collector' wherever used in G.S. 153A-195 and G.S. 153A-196, shall mean the Executive Director or other administrative officer designated by the authority to perform the functions described in said sections of the statute."
Sec. 114.  G.S. 163-22(e) reads as rewritten:
"(e)	The State Board of Elections shall determine, in the manner provided by law, the form and content of ballots, instruction sheets, pollbooks, tally sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections. The Board shall furnish to the county and municipal boards of elections the registration application forms required pursuant to G.S. 163-67. The State Board of Elections shall direct the county boards of elections to purchase a sufficient quantity of all forms attendant to the registration and elections process. In addition, the State Board shall provide a source of supply from which the county boards of elections may purchase the quantity of pollbooks needed for the execution of its responsibilities. In the preparation of ballots, pollbooks, abstract and return forms, and all other forms, the State Board of Elections may call to its aid the Attorney General of the State, and it shall be the duty of the Attorney General to advise and aid in the preparation of these books, ballots and forms."
Sec. 115.  G.S. 163-82.9 reads as rewritten:
"§ 163-82.9.  Cancellation of prior registration.
If an applicant indicates on an application form described in G.S. 163-82.3 a current registration to vote in any other county, municipality, or state, the county board of elections, upon registering the person to vote, shall send a notice to the appropriate officials in the other county, municipality, or state and shall ask them to cancel the person's voter registration there."
Sec. 116.  G.S. 163-144 reads as rewritten:
"§ 163-144.  Lost, destroyed, damaged, and stolen ballots; replacement; report.
Should official ballots furnished to any precinct in accordance with the provisions of this Chapter be lost, destroyed, damaged, or stolen, the county board of elections, upon ascertaining that a shortage of ballots exists in the precinct, shall furnish the needed replacement ballots.
Within three days after the primary or election, the chief judge of the precinct in which the loss occurred shall make a written report, under oath, to the county board of elections describing in detail the circumstances of the loss, destruction, damage, or theft of the ballots."
Sec. 117.  G.S. 163-227.2(d) reads as rewritten:
"(d)	Only the chairman, member or supervisor of elections of the board shall keep the voter's application for absentee ballots and the sealed container-return envelope in a safe place, separate and apart from other applications and container-return envelopes. At the first meeting of the board pursuant to G.S. 163-230(2) held after receipt of the application and envelope, the chairman shall comply with the requirements of G.S. 163-230(1) and G.S. 163-230(2)b. and c. If the voter's application for absentee ballots is approved by the board at that meeting, the application form and container-return envelope, with the ballots enclosed, shall be handled in the same manner and under the same provisions of law as applications and container-return envelopes received by the board under other provisions of this Article. If the voter's application for absentee ballots is disapproved by the board, the board shall so notify the voter stating the reason for disapproval by first-class mail addressed to the voter at his residence address or at the address shown in the application for absentee ballots; and the board chairman shall retain the container-return envelope in its unopened condition until the day of the primary or election to which it relates and on that day he shall destroy the container-return envelope and the ballots therein, without, however, revealing the manner in which the voter marked the ballots."
Sec. 118.  G.S. 163-227.2(f) reads as rewritten:
"(f)	Notwithstanding the exception specified in G.S. 163-36, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in G.S. 163-227.2(b) and continuing until 5:00 P.M. on the Friday prior to that election or primary. The boards of county commissioners shall provide necessary funds for the additional operation of the office during such time."
Sec. 119.  G.S. 164-14 reads as rewritten:
"§ 164-14.  Membership; appointments; terms; vacancies.
(a)	The Commission shall consist of 12 members, who shall be appointed as follows:
(1)	One member, by the president of the North Carolina State Bar;
(2)	One member, by the General Statutes Commission;
(3)	One member, by the dean of the school of law of the University of North Carolina;
(4)	One member, by the dean of the school of law of Duke University;
(5)	One member, by the dean of the school of law of Wake Forest University;
(6)	One member, by the Speaker of the House of Representatives of each General Assembly from the membership of the House;
(7)	One member, by the President Pro Tempore of the Senate of each General Assembly from the membership of the Senate;
(8)	Two members, by the Governor;
(9)	One member, by the dean of the school of law of North Carolina Central University;
(10)	One member by the president of the North Carolina Bar Association;
(11)	One member, by the dean of the school of law of Campbell University.
(b)	Appointments of original members of the Commission made by the president of the North Carolina State Bar, the president of the North Carolina Bar Association, and the deans of the schools of law of Duke University, the University of North Carolina, and Wake Forest University shall be for one year. Appointments of original members of the Commission made by the Speaker of the House of Representatives, the President of the Senate, and the Governor shall be for two years.
(c)	After the appointment of the original members of the Commission, appointments by the president of the North Carolina State Bar, the General Statutes Commission, and the deans of the schools of law of North Carolina Central University, Duke University, the University of North Carolina, and Wake Forest University shall be made in the even-numbered years, and appointments made by the Speaker of the House of Representatives, the President Pro Tempore of the Senate, president of the North Carolina Bar Association, the dean of the School of Law of Campbell University and the Governor shall be made in the odd-numbered years. Such appointments shall be made for two-year terms beginning June first of the year when such appointments are to become effective and expiring May 31 two years thereafter. All such appointments shall be made not later than May 31 of the year when such appointments are to become effective.
(d)	If any appointment provided for by this section is not made prior to June first of the year when it should become effective, a vacancy shall exist with respect thereto, and the vacancy shall then be filled by appointment by the Governor. If any member of the Commission dies or resigns during the term for which he was appointed, his successor for the unexpired term shall be appointed by the person who made the original appointment, as provided in G.S. 164-14, or by the successor of such person; and if such vacancy is not filled within 30 days after the vacancy occurs, it shall then be filled by appointment by the Governor. In any case where an appointment authorized to be made by G.S. 164-14(c) has not been made on or before July 31 of the year in which it was due to be made, a vacancy shall exist with respect to that appointment and the General Statutes Commission at its next meeting shall by majority vote fill the vacancy by appointment.
(e)	All appointments shall be reported to the secretary of the Commission.
(f)	Notwithstanding the expiration of the term of the appointment, the terms of members of the General Statutes Commission shall continue until the appointment of a successor has been made and reported to the secretary of the Commission."
Sec. 120.  G.S. 166A-1 reads as rewritten:
"§ 166A-1.  Short title.
This Article may be cited as 'North Carolina Emergency Management Act of 1977.'"
Sec. 121.  G.S. 166A-2 reads as rewritten:
"§ 166A-2.  Purposes.
The purposes of this Article are to set forth the authority and responsibility of the Governor, State agencies, and local governments in prevention of, preparation for, response to and recovery from natural or man-made disasters or hostile military or paramilitary action and to:
(1)	Reduce vulnerability of people and property of this State to damage, injury, and loss of life and property;
(2)	Prepare for prompt and efficient rescue, care and treatment of threatened or affected persons;
(3)	Provide for the rapid and orderly rehabilitation of persons and restoration of property; and
(4)	Provide for cooperation and coordination of activities relating to emergency and disaster mitigation, preparedness, response and recovery among agencies and officials of this State and with similar agencies and officials of other states, with local and federal governments, with interstate organizations and with other private and quasi-official organizations."
Sec. 122.  G.S. 166A-3 reads as rewritten:
"§ 166A-3.  Limitations.
Nothing in this Article shall be construed to:
(1)	Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with an emergency, disaster or war; or
(2)	Limit, modify or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes, or common law of this State independent of, or in conjunction with, any provisions of this Article."
Sec. 123.  G.S. 166A-4 reads as rewritten:
"§ 166A-4.  Definitions.
The following definitions apply in this Article:
(1)	'Emergency Management.' – Those measures taken by the populace and governments at federal, State, and local levels to minimize the adverse effect of any type disaster, which include the never-ending preparedness cycle of prevention, mitigation, warning, movement, shelter, emergency assistance and recovery.
(2)	'Emergency Management Agency.' – A State or local governmental agency charged with coordination of all emergency management activities for its jurisdiction.
(3)	'Disaster.' – An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made accidental, military or paramilitary cause.
(4)	'Political Subdivision.' – Counties and incorporated cities, towns and villages."
Sec. 124.  G.S. 166A-5 reads as rewritten:
"§ 166A-5.  State emergency management.
The State emergency management program includes all aspects of preparations for, response to and recovery from war or peacetime disasters.
(1)	Governor. – The Governor shall have general direction and control of the State emergency management program and shall be responsible for carrying out the provisions of this Article.
a.	The Governor is authorized and empowered:
1.	To make, amend or rescind the necessary orders, rules and  regulations within the limits of the authority conferred upon him herein, with due consideration of the policies of the federal government.
2.	To delegate any authority vested in him under this Article and to provide for the subdelegation of any such authority.
3.	To cooperate and coordinate with the President and the heads of the departments and agencies of the federal government, and with other appropriate federal officers and agencies, and with the officers and agencies of other states and local units of government in matters pertaining to the emergency management of the State and nation.
4.	To enter into agreements with the American National Red Cross, Salvation Army, Mennonite Disaster Service and other disaster relief organizations.
5.	To make, amend, or rescind mutual aid agreements in accordance with G.S. 166A-10.
6.	To utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the State and of the political subdivisions thereof. The officers and personnel of all such departments, offices and agencies are required to cooperate with and extend such services and facilities to the Governor upon request. This authority shall extend to a state of disaster, imminent threat of disaster or emergency management planning and training purposes.
7.	To agree, when required to obtain federal assistance in debris removal, that the State will indemnify the federal government against any claim arising from the removal.
8.	To sell, lend, lease, give, transfer or deliver materials or perform services for disaster purposes on such terms and conditions as may be prescribed by any existing law, and to account to the State Treasurer for any funds received for such property.
b.	In the threat of or event of a disaster, or when requested by the governing body of any political subdivision in the State, the Governor may assume operational control over all or any part of the emergency management functions within this State.
(2)	Secretary of Crime Control and Public Safety. – The Secretary of Crime Control and Public Safety shall be responsible to the Governor for State emergency management activities and shall have:
a.	The power, as delegated by the Governor, to activate the State and local plans applicable to the areas in question and he shall be empowered to authorize and direct the deployment and use of any personnel and forces to which the plan or plans apply, and the use or distribution of any supplies, equipment, materials and facilities available pursuant to this Article or any other provision of law.
b.	Additional authority, duties, and responsibilities as may be prescribed by the Governor, and he may subdelegate his authority to the appropriate member of his department.
(3)	Functions of State Emergency Management. – The functions of the State emergency management program include:
a.	Coordination of the activities of all agencies for emergency management within the State, including planning, organizing, staffing, equipping, training, testing, and the activation of emergency management programs.
b.	Preparation and maintenance of State plans for man-made or natural disasters. The State plans or any parts thereof may be incorporated into department regulations and into executive orders of the Governor.
c.	Promulgation of standards and requirements for local plans and programs, determination of eligibility for State financial assistance provided for in G.S. 166A-7 and provision of technical assistance to local governments.
d.	Development and presentation of training programs and public information programs to insure the furnishing of adequately trained personnel and an informed public in time of need.
e.	Making of such studies and surveys of the resources in this State as may be necessary to ascertain the capabilities of the State for emergency management, maintaining data on these resources, and planning for the most efficient use thereof.
f.	Coordination of the use of any private facilities, services, and property.
g.	Preparation for issuance by the Governor of executive orders, proclamations, and regulations as necessary or appropriate.
h.	Cooperation and maintenance of liaison with the other states, federal government and any public or private agency or entity in achieving any purpose of this Article and in implementing programs for emergency, disaster or war prevention, preparation, response, and recovery.
i.	Making recommendations, as appropriate, for zoning, building and other land-use controls, and safety measures for securing mobile homes or other nonpermanent or semipermanent works designed to protect against or mitigate the effects of a disaster.
j.	Coordination of the use of existing means of communications and supplementing communications resources and integrating them into a comprehensive State or State-federal telecommunications or other communications system or network."
Sec. 125.  G.S. 166A-6(b) reads as rewritten:
"(b)	In addition to any other powers conferred upon the Governor by law, during the state of disaster, he shall have the following:
(1)	To utilize all available State resources as reasonably necessary to cope with an emergency, including the transfer and direction of personnel or functions of State agencies or units thereof for the purpose of performing or facilitating emergency services;
(2)	To take such action and give such directions to State and local law-enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Article and with the orders, rules and regulations made pursuant thereto;
(3)	To take steps to assure that measures, including the installation of public utilities, are taken when necessary to qualify for temporary housing assistance from the federal government when that assistance is required to protect the public health, welfare, and safety;
(4)	Subject to the provisions of the State Constitution to relieve any public official having administrative responsibilities under this Article of such responsibilities for willful failure to obey an order, rule or regulation adopted pursuant to this Article."
Sec. 126.  G.S. 166A-7(c) reads as rewritten:
"(c)	Each county and incorporated municipality in this State is authorized to make appropriations for the purposes of this Article and to fund them by levy of property taxes pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other revenues, whose use is not otherwise restricted by law."
Sec. 127.  G.S. 166A-7(d) reads as rewritten:
"(d)	In carrying out the provisions of this Article each political subdivision is authorized:
(1)	To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes and to provide for the health and safety of persons and property, including emergency assistance, consistent with this Article;
(2)	To direct and coordinate the development of emergency management plans and programs in accordance with the policies and standards set by the State;
(3)	To assign and make available all available resources for emergency management purposes for service within or outside of the physical limits of the subdivision; and
(4)	To delegate powers in a local state of emergency under G.S. 166A-8 to an appropriate official."
Sec. 128.  G.S. 166A-12 reads as rewritten:
"§ 166A-12.  Nondiscrimination in emergency management.
State and local governmental bodies and other organizations and personnel who carry out emergency management functions under the provisions of this Article are required to do so in an equitable and impartial manner. Such State and local governmental bodies, organizations and personnel shall not discriminate on the grounds of race, color, religion, nationality, sex, age or economic status in the distribution of supplies, the processing of applications and other relief and assistance activities."
Sec. 129.  G.S. 166A-13 reads as rewritten:
"§ 166A-13.  Emergency management personnel.
(a)	No person shall be employed or associated in any capacity in any emergency management agency established under this Article if that person:
(1)	Advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this State;
(2)	Advocates or has advocated the overthrow of any government in the United States by force or violence;
(3)	Has been convicted of any subversive act against the United States;
(4)	Is under indictment or information charging any subversive act against the United States; or
(5)	Has ever been a member of the Communist Party.
Each person who is appointed to serve in any emergency management agency shall, before entering upon his duties, take a written oath before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
'I, ..........., do solemnly swear (or affirm) that I will support  and defend the Constitution of the United States and the Constitution of the State of North Carolina, against all enemies, foreign and domestic; and that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have I ever knowingly been, a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the State Emergency Management Agency I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence, so help me God.'
(b)	No position created by or pursuant to this Article shall be deemed an office within the meaning of Article 6, Section 9 of the Constitution of North Carolina."
Sec. 130.  G.S. 166A-14(a) reads as rewritten:
"(a)	All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the State nor any political subdivision thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any emergency management worker complying with or reasonably attempting to comply with this Article or any order, rule or regulation promulgated pursuant to the provisions of this Article or pursuant to any ordinance relating to any emergency management measures enacted by any political subdivision of the State, shall be liable for the death of or injury to persons, or for damage to property as a result of any such activity."
Sec. 131.  G.S. 166A-14(b) reads as rewritten:
"(b)	The rights of any person to receive benefits to which he would  otherwise be entitled under this Article or under the Workers' Compensation Law or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress shall not be affected by performance of emergency management functions."
Sec. 132.  G.S. 166A-16 reads as rewritten:
"§ 166A-16.  Severability.
If any provision of this Article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable."
Sec. 133.  Section 3 of Chapter 514 of the 1993 Session Laws is repealed.
Sec. 133.1.  Section 8 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 134.  The introductory language of Section 1 of Chapter 630 of the 1993 Session Laws reads as rewritten:
"Section 1.  Section 42 of Chapter 1281 of the Session Laws of 1957, as amended by Chapter 934 of the Session Laws of 1959, Chapter 1111 of the Session Laws of 1961, Chapter 693 of the Session Laws of 1965, Chapter 324 of the Session Laws of 1969, Chapter 785 of the Session Laws of 1971, and Section 4 of Chapter 1168 of the Session Laws of 1981 reads as rewritten:".
Sec. 135.  Section 4 of Chapter 646 of the 1993 Session Laws reads as rewritten:
"Sec. 4.  Charter.  Any action by the City of Gastonia under this act to dissolve the GAA also repeals Section 9.3 of the Charter of the City of Gastonia, being Chapter 557 of the 1991 Session Laws."
Sec. 135.1.  (a)	The introductory language of Section 2 of Chapter 110 of the 1995 Session Laws reads as rewritten:
"Sec. 2.  Section 4 of Chapter 869 of the 1985 Session Laws reads as rewritten:".
(b)	The introductory language of Section 4 of Chapter 163 of the 1995 Session Laws reads as rewritten:
"Sec. 4.  G.S. 20-118(c)(12) reads as rewritten:".
(c)	Section 1 of Chapter 186 of the 1995 Session Laws is repealed.
(d)	Section 2 of Chapter 197 of the 1995 Session Laws reads as rewritten:
"Sec. 2.  Notwithstanding the provisions of G.S. 163-155, if a direct record voting system is approved by the State Board of Elections under the provisions of G.S. 163-160 for use by a county, that county's board of elections may require, according to rules which shall be adopted by the State Board of Elections, that paper ballots used in curbside voting under G.S. 163-155 be transported to the county board of elections to be counted centrally rather than at the voting place."
(e)  G.S. 1A-1, Rule 4(c) reads as rewritten:
"(c)	Summons – Return. – Personal service or substituted personal service of summons as prescribed by Rule 4(j)(1) a and b, must be made within 30 days after the date of the issuance of summons, except that in tax and assessment foreclosures under G.S. 47-108.25 or G.S. 105-374 the time allowed for service is 60 days. When a summons has been served upon every party named in the summons, it shall be returned immediately to the clerk who issued it, with notation thereon of its service.
Failure to make service within the time allowed or failure to return a summons to the clerk after it has been served on every party named in the summons shall not invalidate the summons. If the summons is not served within the time allowed upon every party named in the summons, it shall be returned immediately upon the expiration of such time by the officer to the clerk of the court who issued it with notation thereon of its nonservice and the reasons therefor as to every such party not served, but failure to comply with this requirement shall not invalidate the summons."
(f)  G.S. 1A-1, Rule 4(d) reads as rewritten:
"(d)	Summons – Extension; endorsement, alias and pluries. – When any defendant in a civil action is not served within the time allowed for service, the action may be continued in existence as to such defendant by either of the following methods of extension:
(1)	The plaintiff may secure an endorsement upon the original summons for an extension of time within which to complete service of process. Return of the summons so endorsed shall be in the same manner as the original process. Such endorsement may be secured within 90 days after the issuance of summons or the date of the last prior endorsement, or
(2)	The plaintiff may sue out an alias or pluries summons returnable in the same manner as the original process. Such alias or pluries summons may be sued out at any time within 90 days after the date of issue of the last preceding summons in the chain of summonses or within 90 days of the last prior endorsement.
	Provided, in tax and assessment foreclosures under G.S. 47-108.25 and G.S. 105-374, the first endorsement may be made at any time within two years after the issuance of the original summons, and subsequent endorsements may thereafter be made as in other actions; or an alias or pluries summons may be sued out at any time within two years after the issuance of the original summons, and after the issuance of such alias or pluries summons, the chain of summonses may be kept up as in any other action.
Provided, further, the methods of extension may be used interchangeably in any case and regardless of the form of the preceding extension."
(g)  G.S. 45-21.16(f) reads as rewritten:
"(f)	Waiver of the right to notice and hearing provided herein shall not be permitted except as set forth herein.  In any case in which the original principal amount of indebtedness secured was one hundred thousand dollars ($100,000), or more, any person entitled to notice and hearing may waive after default the right to notice and hearing by written instrument signed and duly acknowledged by such party.  In all other cases, at any time subsequent to service of the notice of hearing provided above, the clerk, upon the request of the mortgagee or trustee, shall mail to all other parties entitled to notice of such hearing a form by which such parties may waive their rights to the hearing.  Upon the return of the forms to the clerk bearing the signatures of each such party and that of a witness to each such party's signature (which witness shall not be an agent or employee of the mortgagee or trustee), the clerk in his discretion may dispense with the necessity of a hearing and proceed to issue the order authorizing sale as set forth above."
(h)  G.S. 47C-1-102 reads as rewritten:
"(a)	This chapter applies to all condominiums created within this State after October 1, 1986. Sections 47C-1-105 (Separate Titles and Taxation), 47C-1-106 (Applicability of Local Ordinances, Regulations, and Building Codes), 47C-1-107 (Eminent Domain), 47C-2-103 (Construction and Validity of Declaration and Bylaws), 47C-2-104 (Description of Units), 47C-3-102(a)(1) through (6) and (11) through (16) (Powers of Unit Owners' Association), 47C-3-107A (Charges for Late Payment, Fines), 47C-3-111 (Tort and Contract Liability), 47C-3-112 (Conveyance or Encumbrance of Common Elements), 47C-3-116 (Lien for Assessments), 47C-3-118 (Association Records), and 47C-4-117 (Effect of Violation on Rights of Action; Attorney's Fees), and G.S. 47C-1-103 (Definitions), to the extent necessary in construing any of those sections, apply to all condominiums created in this State on or before October 1, 1986; but those sections apply only with respect to events and circumstances occurring after October 1, 1986 and do not invalidate existing provisions of the declarations, bylaws, or plats or plans of those condominiums.
(b)	The provisions of Chapter 47A, the Unit Ownership Act, do not  apply to condominiums created after October 1, 1986 and do not invalidate any amendment to the declaration, bylaws, and plats and plans of any condominium created on or before October 1, 1986 if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by Chapter 47A, the Unit Ownership Act. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.
(c)	This chapter does not apply to condominiums or units located outside this State, but the public offering statement provisions (G.S. 47C-4-102 through 47C-4-108) apply to all contracts for the dispositions thereof signed in this State by any party unless exempt under G.S. 47C-4-101(b)."
(i)  G.S. 65-47 reads as rewritten:
"(a)	The provisions of this Article shall apply to all persons engaged in the business of operating a cemetery as defined herein, except cemeteries owned and operated by governmental agencies or churches.
(b)	Any cemetery beneficially owned and operated by a fraternal organization or its corporate agent for at least 50 years prior to September 1, 1975, shall be exempt from the provisions of Article 9 of this Chapter.
(c)	The provisions of this Article shall not apply to persons licensed under Article 13D of Chapter 90 of the General Statutes when engaging in activities for which a license is required under the Article."
(j)  G.S. 65-66(a) reads as rewritten:
"(a)	It shall be deemed contrary to public policy if any person or legal entity receives, holds, controls or manages funds or proceeds received from the sale of, or from a contract to sell, personal property or services which may be used in a cemetery in connection with the burial of or the commemoration of the memory of a deceased human being, where payments for the same are made either outright or on an installment basis prior to the demise of the person or persons so purchasing them or for whom they are so purchased, unless such person or legal entity holds, controls or manages said funds, subject to the limitations and regulations prescribed in this section. This section shall apply to all cemetery companies or other legal entities that offer for sale or sell personal property or services which may be used in a cemetery in connection with the burial of, or the commemoration of the memory of, a deceased human being, but shall exclude persons holding a license under Article 13D of Chapter 90 of the General Statutes."
(k)  G.S. 65-66(k) reads as rewritten:
"(k)	Nothing in this section shall apply to persons or legal entities holding licenses under Article 13D of Chapter 90 of the General Statutes when engaging in activities for which a license is required under that Article."
(l)  G.S. 131E-23(a)(36) reads as rewritten:
"(36)	To sell a hospital facility pursuant to G.S. 131E-8 or G.S. 131E-13; and".
Sec. 135.2.  (a) Effective January 1, 1996, G.S. 28A-28-2(a)(6), as enacted by Section 1 of Chapter 294 of the 1995 Session Laws, reads as rewritten:
"(6)	A description of the nature of the decedent's personal property and the location of such property, as far as these facts are known or can with reasonable diligence be ascertained;".
(b)	Effective October 1, 1995, G.S. 50-16.3A(a), as enacted by Section 2 of Chapter 319 of the 1995 Session Laws, reads as rewritten:
"(a)	Entitlement. – In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony.  The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors, including those set out in subsection (b) of this section.  If the court finds that the dependent spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, the court shall not award alimony.  If the court finds that the supporting spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse.  If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all of the circumstances.  Any act of illicit sexual behavior by either party that has been condoned by the other party shall not be considered by the court.
The claim for alimony may be heard on the merits prior to the entry of a judgment for equitable distribution, and if awarded, the issues of amount and of whether a spouse is a dependent or supporting spouse may be reviewed by the court after the conclusion of the equitable distribution claim."
(c)	G.S. 162A-4(a), as amended by Section 2 of Chapter 207 of the 1995 Session Laws, reads as rewritten:
"(a)	Whenever an authority has been organized under the provisions of this Chapter, any political subdivision may withdraw therefrom at any time prior to the creation of any obligations by the authority, and any political subdivision not having joined in the original organization may, with the consent of the authority, join the authority; provided, that any political subdivision not having joined the original organization shall have the right upon reasonable terms and conditions, whether the authority shall consent thereto or not, to join the authority if the authority's water system or sewer system, or any part thereof is situated within the boundaries of the political subdivision or of the county within which the political subdivision is located; provided, further, that any political subdivision authorized to join the authority by G.S. 162A-5.1 may do so without the consent of the authority."
(d)	Section 1 of Chapter 285 of the 1995 Session Laws is amended by adding a quotation at the end of the section.
(e)  Effective July 1, 1995, G.S. 87-43.2(a)(4) reads as rewritten:
"(4)	The applicant furnishes, upon the initial application for a license, a bonding ability statement completed by a bonding company licensed to do business in North Carolina, verifying the applicant's ability to furnish performance bonds for electrical contracting projects having a value in excess of twenty-five thousand dollars ($25,000) for the intermediate license classification and in excess of seventy-five thousand dollars ($75,000) for the unlimited license classification. In lieu of furnishing the bonding ability statement, the applicant may submit for evaluation and specific approval of the Board other information certifying the adequacy of the applicant's financial ability to engage in projects of the license classification applied for. The bonding ability statement or other financial information must be submitted in the same name as the license to be issued. If the firm for which a license application is filed is owned by a sole proprietor, the bonding ability statement or other financial information may be furnished in either the firm name or the name of the proprietor. However, if the application is submitted in the name of a sole proprietor, the applicant shall submit information verifying that the person in whose name the application is made is in fact the sole proprietor of the firm."
(f) G.S. 101-2 reads as rewritten:
"§ 101-2. Procedure for changing name; petition; notice.
A person who wishes, for good cause shown, to change his name must file his application before the clerk of the superior court of the county in which he lives, having first given 10 days' notice of the application by publication at the courthouse door.
Applications to change the name of minor children may be filed by their parent or parents or guardian or next friend of such minor children, and such applications may be joined in the application for a change of name filed by their parent or parents: Provided nothing herein shall be construed to permit one parent to make such application on behalf of a minor child without the consent of the other parent of such minor child if both parents be living, except that a minor who has reached the age of 16 years, upon proper application to the clerk may change his or her name, with the consent of the parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor. Provided, further, that a change of parentage or the addition of information relating to parentage on the birth certificate of any person shall be made pursuant to G.S. 130A-118.
Notwithstanding any other provisions of this section, the consent of a parent who has abandoned a minor child shall not be required if there is filed with the clerk a copy of an order of a court of competent jurisdiction adjudicating that such parent has abandoned such minor child. In the event that a court of competent jurisdiction  has not therefore declared the minor child to be an abandoned child, then on written notice of not less than 10 days to the parent alleged  to have abandoned the child, by registered or certified mail directed  to such parent's last known address, the clerk of superior court is hereby authorized to determine whether an abandonment has taken place. If said parent denies that an abandonment has taken place, this issue of fact shall be determined as provided in G.S. 1-273, and if abandonment is determined, then the consent of said parent shall not be required. Upon final determination of this issue of fact the proceeding shall be transferred back to the special proceedings docket for further action by the clerk."
(g) Section 4.1 of Chapter 360 of the 1995 Session Laws became effective upon ratification of that act.
(h) G.S. 120-2.1, as enacted by Section 1 of Chapter 355 of the 1995 Session Laws, is recodified as G.S. 120-2.2.
(i) Effective July 1, 1996, G.S. 20-85(b), as amended by Section 2 of Chapter 50 of the 1995 Session Laws, reads as rewritten:
"(b)	The fees collected under subdivisions (a)(1) through (a)(9) of this section shall be credited to the North Carolina Highway Trust Fund.  The fees collected under subdivision (a)(10) of this section shall be credited to the Highway Fund.  Fifteen dollars ($15.00) of each title fee credited to the Trust Fund under subdivision (a)(1) shall be added to the amount allocated for secondary roads under G.S. 136-176 and used in accordance with G.S. 136-44.5."
(j) Section 34 of Chapter 390 of the 1995 Session Laws is repealed.
(k) Effective October 1, 1995, G.S. 143-129.4 reads as rewritten:
"§ 143-129.4.  Guaranteed energy savings contracts.
The solicitation and evaluation of proposals for guaranteed energy savings contracts, as defined in Part 2 of Article 3B of this Chapter, and the letting of contracts for these proposals are governed solely by the provisions of that Part; except that guaranteed energy savings contracts are subject to the requirements of G.S. 143-128(f)."
(l) As G.S. 132-10 enacted by Section 5 of Chapter 388 of the 1995 Session Laws covers the same subject matter, effective October 1, 1995, Chapter 285 of the 1991 Session Laws and Chapter 82 of the 1993 Session Laws are repealed.
(m) Section 6 of Chapter 232 of the 1995 Session Laws reads as rewritten:
"Sec. 6.  The Revisor of Statutes shall cause to be printed along with this act all relevant portions of the official comments to the Uniform Commercial Code, Revised Article 3 and conforming and miscellaneous amendments to Articles 1 and 4, and all explanatory comments of the drafters of this act, as the Revisor deems appropriate."
(n)  Effective October 1, 1995, Section 7 of Chapter 331 of the 1995 Session Laws reads as rewritten:
"Sec. 7.  Article 2A of Chapter 32A as set out in Section 5 of this act is intended as a codification of the existing North Carolina common law."
(o)  G.S. 90-21.11 reads as rewritten:
"§ 90-21.11. Definitions.
As used in this Article, the term 'health care provider' means without limitation any person who pursuant to the provisions of  Chapter 90 of the General Statutes is licensed, or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, surgery, dentistry, pharmacy, optometry, midwifery, osteopathy, podiatry, chiropractic, radiology, nursing, physiotherapy, pathology,  anesthesiology, anesthesia, laboratory analysis, rendering assistance to a physician, dental hygiene, psychiatry, psychology; or a hospital or a nursing home; or any other person who is legally responsible for the negligence of such person, hospital or nursing home; or any other person acting at the direction or under the supervision of any of the foregoing persons, hospital, or nursing home.
As used in this Article, the term 'medical malpractice action' means a civil action for damages for personal injury or death arising out of the furnishing or failure to furnish professional services in the performance of medical, dental, or other health care by a health care provider."
(p)  G.S. 143-318.10(c) reads as rewritten:
"(c)	'Public body' does not include (1) a meeting solely among the professional staff of a public body, or (2) the medical staff of a public hospital or the medical staff of a hospital that has been sold or conveyed pursuant to G.S. 131E-8."
(q)  G.S. 131E-97.1(a) reads as rewritten:
"(a)	Except as provided in subsection (b) of this section, the personnel files of employees or former employees, and the files of applicants for employment maintained by a public hospital as defined in G.S. 159-39 or maintained by a hospital that has been sold or conveyed pursuant to G.S. 131E-8 are not public records as defined by Chapter 132 of the General Statutes."
(r)  G.S. 131E-97.2 reads as rewritten:
"§ 131E-97.2.  Confidentiality of credentialing information.
Information acquired by a public hospital, as defined in G.S. 159-39, a hospital that has been sold or conveyed pursuant to G.S. 131E-8, a State-owned or State-operated hospital, or by persons acting for or on behalf of a hospital, in connection with the credentialing and peer review of persons having or applying for privileges to practice in the hospital is confidential and is not a public record under Chapter 132 of the General Statutes; provided that information otherwise available to the public shall not become confidential merely because it was acquired by the hospital or by persons acting for or on behalf of the hospital."
(s)  G.S. 90-368(8) reads as rewritten:
"(8)	Employees or independent contractors of a hospital or health care facility licensed under Article 5 or Part A of Article 6 of Chapter 131E or Article 2 of Chapter 122C of the General Statutes."
(t)  Effective October 1, 1995, G.S. 55-7-44(d) as enacted by Chapter 149 of the 1995 Session Laws reads as rewritten:
"(d)	If a derivative proceeding is commenced after a determination has been made rejecting a demand by a shareholder, the complaint shall allege with particularity facts establishing that the requirements of subsection (a) of this section have not been met.  Defendants may make a motion to dismiss a complaint under subsection (a) of this section for failure to comply with this subsection.  Prior to the court's ruling on such a motion to dismiss, the plaintiff shall be entitled to discovery only with respect to the issues presented by the motion and only if and to the extent that the plaintiff has alleged such facts with particularity.  The preliminary discovery shall be limited solely to matters germane and necessary to support the facts alleged with particularity relating solely to the requirements of subsection (a) of this section."
Sec. 135.3. (a)	G.S. 65-60.1(e) reads as rewritten:
"(e)	Any trustee shall invest and reinvest cemetery trust funds in the same manner as provided by law for the investment of trust funds by the clerk of the superior court; provided, however, that cemetery trust funds held in a fund designated as Trust Fund 'A' pursuant to G.S. 65-64(e) may be invested and reinvested in accordance with G.S. 36A-2."
(b)	G.S. 65-64(a) reads as rewritten:
"(a)	Deposits to the care and maintenance trust fund must be made by the cemetery company holding title to the subject cemetery lands on or before the last day of the calendar month following the calendar month in which final payment is received as provided herein; however the entire amount required to be deposited into the fund shall be paid within four years from the date of any contract requiring such payment regardless of whether all amounts have been received by the cemetery company. If the cemetery company fails to make timely deposit, the Commission may levy and collect a penalty of one dollar ($1.00) per day for each day the deposit is delinquent on each grave space, niche or mausoleum crypt sold. The care and maintenance trust fund shall be invested and reinvested by the trustee in the same manner as provided by law for the investment of other trust funds by the clerk of the superior court except that such investments may be made through means of a common trust fund as described in G.S. 36A-90; provided, further, that cemetery trust funds held in a fund designated as Trust Fund 'A' pursuant to G.S. 65-64(e) may be invested and reinvested in accordance with G.S. 36A-2.  The fees and other expenses of the trust fund shall be paid by the trustee from the net income thereof and may not be paid from the corpus. To the extent that the said net income is not sufficient to pay such fees and other expenses, the same shall be paid by the cemetery company."
(c)	G.S. 65-64(e) reads as rewritten:
"(e)	When the amount deposited in the perpetual care fund required by this Article of any cemetery company shall amount to one hundred fifty thousand dollars ($150,000), anything in this Article to the contrary notwithstanding, the cemetery company may make all deposits thereafter either into the original perpetual care trust fund or into a separate fund established as an irrevocable trust, designated as Perpetual Care Trust Fund 'A,' and invested by the trustee, in accordance with G.S. 36A-2, as directed by the cemetery company. Funds in a trust fund designated as Trust Fund 'A' may not be invested in another cemetery company."
(d) G.S. 14-415.12(b), as enacted in Chapter 398 of the 1995 Session Laws, reads as rewritten:
"(b)	The sheriff shall deny a permit to an applicant who:
(1)	Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.
(2)	Is under indictment or against whom a finding of probable cause exists for a felony.
(3)	Has been adjudicated guilty in any court of a felony.
(4)	Is a fugitive from justice.
(5)	Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(6)	Is currently, or has been previously adjudicated or administratively determined to be, lacking mental capacity or mentally ill.
(7)	Is or has been discharged from the armed forces under conditions other than honorable.
(8)	Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14-225.2, 14-226.1, 14-258.1, 14-269.2, 14-269.3, 14-269.4, 14-269.6, 14-276.1, 14-277, 14-277.1, 14-277.2, 14-277.3, 14-281.1, 14-283, 14-288.2, 14-288.4(a)(1) or (2), 14-288.6, 14-288.9, 14-288.12, 14-288.13, 14-288.14, 14-318.2, or 14-415.21(b).
(9)	Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.
(10)	Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.
(11)	Has been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted."
(e) G.S. 14-415.11(c), as enacted by Chapter 398 of the 1995 Session Laws, reads as rewritten:
"(c)	A permit does not authorize a person to carry a concealed handgun in the areas prohibited by G.S. 14-269.2, 14-269.3, 14-269.4, and 14-277.2, in an area prohibited by rule adopted under G.S. 120-32.1, in any area prohibited by 18 U.S.C. § 922 or any other federal law, in a law enforcement or correctional facility, in a building housing only State or federal offices, in an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government, a financial institution, or any other premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.  It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts."
(f) G.S. 50-16.6, as amended by Chapter 319 of the 1995 Session Laws, reads as rewritten:
"§ 50-16.6.  When alimony, postseparation support, counsel fees not payable.
Alimony, postseparation support, and counsel fees may be barred by an express provision of a valid separation agreement or premarital agreement so long as the agreement is performed."
(g)  Subsection (f) of this section becomes effective October 1, 1995, and applies to civil actions filed on or after that date.  Subsection (f) shall not apply to pending litigation, or to future motions in the cause seeking to modify orders or judgments in effect on October 1, 1995.  Subsections (d) and (e) of this section become effective December 1, 1995.
Sec. 136.  Except as otherwise provided, this act is effective upon ratification.