GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 481
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Short Title: GSC Technical Corrections 2025 Part 2. |
(Public) |
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Sponsors: |
Representative Davis. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House |
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March 25, 2025
A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. Subject to the grammatical rules and general drafting conventions of capitalization, the Revisor of Statutes shall make the following changes:
(1) Subject to subdivision (2) of this section, replace "e‑mail", "electronic mail", or "electronic mailing" with "email" in G.S. 1‑75.4, 1‑507.34, 1‑539.2A, 1A‑1, Rule 4, 1A‑1, Rule 5, and any other statutes in which any of these terms appear. The Revisor of Statutes shall make a similar change when any of these terms is plural.
(2) Replace "registered, certified, or electronic mail" with "registered mail, certified mail, or email" in G.S. 143‑293.
(3) Subject to subdivisions (4) and (5) of this section, make "Internet" lowercase in G.S. 14‑113.20, 14‑113.30, 14‑113.31, 14‑118.7, 14‑196.3, and any other statutes in which the term appears.
(4) Replace "Internet protocol" with "Internet Protocol" in G.S. 105‑164.3, 130A‑480, and 143B‑1400.
(5) Replace "internet web site", "internet website", "internet site", or "web site", including any variation in capitalization of any of these terms, with "website" in G.S. 7A‑38.2, 7A‑38.3F, 10B‑36, 14‑44.1, 14‑202.5, and any other statutes in which any of these terms appear. The Revisor of Statutes shall make a similar change when any of these terms is plural.
(6) Replace "rule making" or "rule‑making" with "rulemaking" in G.S. 7B‑4001, 10B‑126, 15C‑12, 18B‑105, 20‑37.22, and any other statutes in which either of these terms appear.
The Revisor of Statutes may delete duplicative language resulting from these changes and may replace "an" with "a" to conform with these changes.
SECTION 2. G.S. 14‑288.9 reads as rewritten:
"§ 14‑288.9. Assault on upon emergency
personnel; punishments.
(a) An assault upon
emergency personnel is an assault upon any person coming included within
the definition of "emergency personnel" which in subsection
(b) of this section that is committed in an area:area in which
either of the following applies:
(1) In which a A declared
state of emergency exists; orexists.
(2) Within the immediate vicinity
of which vicinity, a riot is occurring or is imminent.
(b) The In this
section, the term "emergency personnel" includes law‑enforcement
officers, firemen, firefighters, ambulance attendants, utility
workers, doctors, nurses, members of the North Carolina National Guard, and
other persons lawfully engaged in providing essential services or otherwise
discharging or attempting to discharge his or her their official
duties during the an emergency.
(c) Any A person
who commits an assault upon emergency personnel is guilty of a Class H felony.
(d) Any A person
who commits an assault upon emergency personnel with or through the use of any
a dangerous weapon or substance shall be punished as a Class F
felon.is guilty of a Class F felony.
(e) Any A person
who commits an assault upon emergency personnel causing serious bodily injury
to the emergency personnel is guilty of a Class E felony.
(f) Any A person
who commits an assault upon emergency personnel causing death to the emergency
personnel is guilty of a Class D felony."
SECTION 3.(a) G.S. 15A‑145.5 reads as rewritten:
"§ 15A‑145.5. Expunction of certain misdemeanors and felonies; no age limitation.
(a) For purposes of this section, the term "nonviolent misdemeanor" or "nonviolent felony" means any misdemeanor or felony except the following:
(4) Any of the following sex‑related or stalking offenses: G.S. 14‑27.25(b), 14‑27.30(b), 14‑190.7, 14‑190.8, 14‑190.9, 14‑202, 14‑208.11A, 14‑208.18, former 14‑277.3, 14‑277.3A, and 14‑321.1.
(5) Any felony offense in
Chapter 90 of the General Statutes where the offense involves that
involves methamphetamines, heroin, or possession with intent to sell or
deliver or sell and deliver cocaine.
(6) An offense under
G.S. 14‑12.12(b), 14‑12.13, or 14‑12.14, or any offense
for which punishment was determined pursuant to G.S. 14‑3(c).G.S. 14‑3(c)
was applied.
(c) A person may file a petition,
petition in the court of the county where the person was convicted. [The
following applies:]The following provisions apply:
(1) For expunction of one or
more nonviolent misdemeanor convictions, the petition shall not be filed
earlier than one of the following:the following, as applicable:
(2) For expunction of up to
three nonviolent felony convictions, the petition shall not be filed earlier
than one of the following:the following, as applicable:
a. For expunction of one
nonviolent felony not subject to the waiting period set forth in sub‑subdivision
a1. of this subdivision, 10 years after the date of the conviction or 10 years
after any active sentence, period of probation, or post‑release supervision,
supervision related to the conviction listed in the petition, has
been served, whichever occurs later.
a1. For expunction of one
nonviolent felony under G.S. 14‑54(a), 15 years after the date of
the conviction or 15 years after any active sentence, period of probation, or
post‑release supervision, supervision related to the
conviction listed in the petition, has been served, whichever occurs
later.
b. For expunction of two or
three nonviolent felonies, 20 years after the date of the most recent
conviction listed in the petition, or 20 years after any active sentence,
period of probation, or post‑release supervision, supervision related
to a conviction listed in the petition, petition has been served,
whichever occurs later.
A person previously granted an
expunction under this section is not eligible for relief under this section for
any offense committed after the date of the previous order for expunction. Except
as provided in subsections (c4) and (c5) of this section, a person previously
granted an expunction under this section for one or more misdemeanors is not
eligible for expunction of additional misdemeanors under this section section,
and a person previously granted an expunction under this section for one or
more felonies is not eligible for expunction of additional felonies under this
section.
(c1) A petition filed pursuant to this section shall contain, but not be limited to, the following:
(1) An affidavit by the
petitioner that the petitioner is of good moral character and one of the
following statements:statements, as applicable:
(2) Verified affidavits Affidavits
of two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which the petitioner lives and that the
petitioner's character and reputation are good.
(3) A statement that the
petition is a motion in the cause in the case wherein in which the
petitioner was convicted.
(4) An application on a form
approved by the Administrative Office of the Courts requesting and authorizing a
all of the following:
a. A name‑based State and national
criminal history record check by the State Bureau of Investigation using any
information required by the Administrative Office of the Courts to identify the
individual, a individual.
b. A search by the State Bureau of
Investigation for any outstanding warrants on or pending criminal
cases, and a cases.
c. A search of the confidential record of expunctions maintained by the Administrative Office of the Courts.
The
application shall be filed with the clerk of superior court. The court,
who clerk of superior court shall forward the application it
to the State Bureau of Investigation and to the Administrative Office of
the Courts, which shall Courts to conduct the searches and report
their findings to the court.
Upon filing of the petition, the
petition shall be served upon the district attorney of the court wherein in
which the case was tried resulting in conviction. The district attorney
shall then have 30 days thereafter in which to file any an
objection thereto and shall be duly notified as to the date
of the hearing of the petition. Upon good cause shown, the court may grant the
district attorney an additional 30 days to file an objection to the
petition. The district attorney shall make his or her best efforts to contact
the victim, if any, to notify the victim of the request for expunction prior to
the date of the hearing. Upon request by the victim, the victim has a right to
be present at any hearing on the petition for expunction expunction, and
the victim's views and concerns shall be considered by the court at such the
hearing.
The presiding judge is
authorized to may call upon a probation officer for any additional
investigation or verification of the petitioner's conduct since the conviction.
The court shall review any other information the court deems relevant,
including, but not limited to, affidavits or other testimony provided by law
enforcement officers, district attorneys, and victims of crimes committed by
the petitioner.
(c2) The court, after hearing
a petition for expunction of one or more nonviolent misdemeanors, shall order
that the petitioner be restored, in the contemplation of the law, to the status
the petitioner occupied before the arrest or indictment arrest,
indictment, or information, except as provided in G.S. 15A‑151.5,
if the court finds all of the following:
(3) The petitioner has no
outstanding warrants or pending criminal cases, is not under indictment, and no
finding of probable cause exists against the defendant petitioner for
a felony, felony in any federal court or state court in the
United States.
(3a) The petitioner is not free
on bond or personal recognizance pending trial, appeal, or sentencing in any
federal court or state court in the United States for a crime which that
would prohibit the person from having his or her the petition
for expunction under this section granted.
(6) The petitioner has no convictions
for a misdemeanor or felony conviction that is listed as an
exception to the terms "nonviolent misdemeanor" or "nonviolent
felony" as provided in subsection (a) of this section.
(c3) The court, after hearing
a petition for expunction of one or up to three nonviolent felonies, may order
that the petitioner be restored, in the contemplation of the law, to the status
the petitioner occupied before the arrest or indictment arrest,
indictment, or information, except as provided in G.S. 15A‑151.5,
if the court finds all of the following:
(3) The petitioner has no
outstanding warrants or pending criminal cases, is not under indictment, and no
finding of probable cause exists against the defendant petitioner for
a felony, felony in any federal court or state court in the
United States.
(3a) The petitioner is not free
on bond or personal recognizance pending trial, appeal, or sentencing in any
federal court or state court in the United States for a crime which that
would prohibit the person from having his or her petition for expunction
under this section granted.
(4a) If the petition is for the
expunction of two or three felonies, or if the petitioner has filed petitions
in more than one county pursuant to subsection (c4) of this section, the
petitioner has no misdemeanor convictions convictions, other than
a traffic violation not listed in the petition petition, for
expunction in the five years preceding the petition, and no other felony
convictions during the applicable waiting period set forth in subsection (c) of
this section.
(5) The petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner.
(6) The petitioner has no convictions
for a misdemeanor conviction that is listed as an exception to the
term "nonviolent misdemeanor" as provided in subsection (a) of
this section or any other felony offense.
(c4) A person petitioning who
petitions for expunction of multiple convictions pursuant to sub‑subdivision
b. of subdivision (1) of subsection (c) of this section or sub‑subdivision
b. of subdivision (2) of subsection (c) of this section, where the section
and whose convictions were obtained in more than one county, county
shall file a petition in each county of conviction. All petitions shall be
filed within a 120‑day period. period, except that the court
may grant a petition for expunction filed outside this period if good cause is
shown for the failure to file the petition within this period. The granting
of one petition shall not preclude the granting of any other petition filed
within the same 120‑day period. Notwithstanding the provisions of this
subsection, upon good cause shown for the failure to file a petition within the
120‑day period, the court may grant a petition for expunction filed
outside the 120‑day period.
(d1) Persons pursuing
certification under the provisions of Article 1 of Chapter 17C or
Article 2 of Chapter 17E of the General Statutes, however, shall disclose any
and all convictions to the certifying Commission, regardless of whether or
not the convictions were expunged pursuant to the provisions of this
section.
(d2) Persons requesting that
a disclosure statement be prepared by the North Carolina Sheriffs'
Education and Training Standards Commission pursuant to Article 3 of Chapter
17E of the General Statutes, however, shall disclose any and all felony
convictions to the North Carolina Sheriffs' Education and Training Standards
Commission regardless of whether or not the felony convictions were
expunged pursuant to the provisions of this section.
(d3) Persons required by State
law to obtain a criminal history record check on a prospective employee shall
are not be deemed to have knowledge of any convictions
expunged under this section.
(e) The court shall also order
that the conviction or convictions be expunged from the records of the
court and direct all law enforcement agencies bearing record of the same conviction
to expunge their records of the conviction. The clerk shall notify State
and local agencies of the court's order, as provided in G.S. 15A‑150.
(f) Any other applicable
State or local government agency shall expunge from its records entries made as
a result of the conviction or convictions ordered expunged under this
section upon receipt from the petitioner of an order entered pursuant to this
section. The An agency shall also vacate any administrative
actions taken against a person whose record is expunged under this section as a
result of the charges or convictions expunged. A person whose administrative
action has been vacated by an occupational licensing board pursuant to an
expunction under this section may then reapply for licensure and must
shall satisfy the board's then current education and
preliminary licensing requirements at the time of reapplication in order
to obtain licensure. This subsection shall does not apply to the
Department of Justice for DNA records and samples stored in the State DNA
Database and the State DNA Databank.
(g) A person who files a
petition for expunction of a criminal record under this section must shall
pay the clerk of superior court a fee of one hundred seventy‑five
dollars ($175.00) at the time the petition is filed. Fees collected under this
subsection shall be deposited in the General Fund. This subsection does not
apply to petitions filed by an indigent.indigent person."
SECTION 3.(b) G.S. 15A‑145 reads as rewritten:
"§ 15A‑145. Expunction of records for misdemeanors
of first offenders under the age of 18 at the time of conviction of
misdemeanor; expunction of certain other misdemeanors.and of underage
persons possessing alcohol.
(a) Whenever any person who has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States, the laws of this State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic violation, and the offense was committed before the person attained the age of 18 years, or (ii) pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to G.S. 18B‑302(b)(1), and the offense was committed before the person attained the age of 21 years, he may file a petition in the court of the county where he was convicted for expunction of the misdemeanor from his criminal record. The petition cannot be filed earlier than: (i) two years after the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later, and the petition shall contain, but not be limited to, the following:
(2) Verified affidavits Affidavits
of two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which he the petitioner lives and
that his the petitioner's character and reputation are good.
(b1) No person as to whom
such order has been entered shall be held thereafter under any provision of any
laws to be guilty of perjury or otherwise giving a false statement by reason of
his failure to recite or acknowledge such arrest, or indictment, information,
or trial, or response to any inquiry made of him for any purpose. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure under
G.S. 15A‑153(b) does not apply to a sentencing hearing when the
person has been convicted of a subsequent criminal offense.
."
SECTION 3.(c) G.S. 15A‑145.1 reads as rewritten:
"§ 15A‑145.1. Expunction of records for first
offenders under the age of 18 at the time of conviction commission of
certain gang offenses.
(a) Whenever any person who has not previously been convicted 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 pleads guilty to or is guilty of (i) a Class H felony under Article 13A of Chapter 14 of the General Statutes or (ii) an enhanced offense under G.S. 14‑50.22, or has been discharged and had the proceedings against the person dismissed pursuant to G.S. 14‑50.29, and the offense was committed before the person attained the age of 18 years, the person may file a petition in the court of the county where the person was convicted for expunction of the offense from the person's criminal record. Except as provided in G.S. 14‑50.29 upon discharge and dismissal, the petition cannot be filed earlier than (i) two years after the date of the conviction or (ii) the completion of any period of probation, whichever occurs later. The petition shall contain, but not be limited to, the following:
(2) Verified affidavits Affidavits
of two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which the petitioner lives, and that the
petitioner's character and reputation are good.
(b1) No person as to whom
such order has been entered shall be held thereafter under any provision of any
laws to be guilty of perjury or otherwise giving a false statement by reason of
the person's failure to recite or acknowledge such arrest, or indictment or information,
or trial, or response to any inquiry made of the person for any purpose. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure
under G.S. 15A‑153(b) does not apply to a sentencing hearing
when the person has been convicted of a subsequent criminal offense.
."
SECTION 3.(d) G.S. 15A‑145.2 reads as rewritten:
"§ 15A‑145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses.
(a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 90‑96(a) or (a1), and the person was not over 21 years of age at the time of the offense, the person may apply to the court of the county where charged for an order to expunge from all official records, other than the confidential files retained under G.S. 15A‑151, all recordation relating to the person's arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the petition the following:
(2) Verified affidavits Affidavits
by two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which he or she lives, and that the petitioner's
character and reputation are good;
(a1) No person as to whom
such order was entered shall be held thereafter under any provision of any law
to be guilty of perjury or otherwise giving a false statement by reason of the
person's failures to recite or acknowledge such arrest, or indictment or information,
or trial in response to any inquiry made of him or her for any purpose. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure
under G.S. 15A‑153(b) does not apply to a sentencing hearing
when the person has been convicted of a subsequent criminal offense.
."
SECTION 3.(e) G.S. 15A‑145.3 reads as rewritten:
"§ 15A‑145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses.
(a) Whenever a person is discharged and the proceedings against the person dismissed under G.S. 90‑113.14(a) or (a1), such person, if he or she was not over 21 years of age at the time of the offense, may apply to the court of the county where charged for an order to expunge from all official records, other than the confidential files retained under G.S. 15A‑151, all recordation relating to the person's arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the petition the following:
(2) Verified affidavits Affidavits
by two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which the petitioner lives, and that his or her
character and reputation are good;
(b1) No person as to whom
such order has been entered shall be held thereafter under any provision of any
law to be guilty of perjury or otherwise giving a false statement by reason of
the person's failures to recite or acknowledge such arrest, or indictment or information,
or trial in response to any inquiry made of him or her for any purpose. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure
under G.S. 15A‑153(b) does not apply to a sentencing hearing
when the person has been convicted of a subsequent criminal offense.
."
SECTION 3.(f) G.S. 15A‑145.4 reads as rewritten:
"§ 15A‑145.4. Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony.
(c) Whenever any person who had not yet attained the age of 18 years at the time of the commission of the offense and has not previously been convicted 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 pleads guilty to or is guilty of a nonviolent felony, the person may file a petition in the court of the county where the person was convicted for expunction of the nonviolent felony from the person's criminal record. The petition shall not be filed earlier than four years after the date of the conviction or when any active sentence, period of probation, and post‑release supervision has been served, whichever occurs later. The person shall also perform at least 100 hours of community service, preferably related to the conviction, before filing a petition for expunction under this section. The petition shall contain the following:
(2) Verified affidavits Affidavits
of two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which the petitioner lives and that the
petitioner's character and reputation are good.
(f) No person as to whom
an order has been entered pursuant to subsection (e) of this section shall be
held thereafter under any provision of any laws to be guilty of perjury or
otherwise giving a false statement by reason of that person's failure to recite
or acknowledge the arrest, indictment, information, trial, or conviction. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure
under G.S. 15A‑153(b) does not apply to a sentencing hearing
when the person has been convicted of a subsequent criminal offense.
."
SECTION 3.(g) G.S. 15A‑145.6 reads as rewritten:
"§ 15A‑145.6. Expunctions for certain defendants convicted of prostitution.
(c) The petition shall contain all of the following:
(2) Verified affidavits Affidavits
of two persons, who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which the petitioner lives and that the
petitioner's character and reputation are good.
(g) No person as to whom
an order has been entered pursuant to subsection (f) of this section shall be
held thereafter under any provision of any laws to be guilty of perjury or
otherwise giving a false statement by reason of that person's failure to recite
or acknowledge the arrest, indictment, information, trial, or conviction. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure
under G.S. 15A‑153(b) does not apply to a sentencing hearing
when the person has been convicted of a subsequent criminal offense.
."
SECTION 3.(h) G.S. 15A‑145.7 reads as rewritten:
"§ 15A‑145.7. Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses.
(a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 14‑277.8, and the person was under 20 years of age at the time of the offense, the person may apply to the court of the county where charged for an order to expunge from all official records, other than the confidential files retained under G.S. 15A‑151, all recordation relating to the person's arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the petition the following:
(2) Verified affidavits Affidavits
by two persons who are not related to the petitioner or to each other by
blood or marriage, that they know the character and reputation of the
petitioner in the community in which he or she lives, and that the petitioner's
character and reputation are good;good.
(b) No person as to whom
such order was entered shall be held thereafter under any provision of any law
to be guilty of perjury or otherwise giving a false statement by reason of the
person's failures to recite or acknowledge such arrest, or indictment or information,
or trial in response to any inquiry made of him or her for any purpose. This
subsection shall The effect of an expunction under this section is
governed by G.S. 15A‑153, except that the protected nondisclosure
under G.S. 15A‑153(b) does not apply to a sentencing hearing
when the person has been convicted of a subsequent criminal offense.
."
SECTION 3.(i) G.S. 15A‑145.8 reads as rewritten:
"§ 15A‑145.8. Expunction of records when charges are remanded to district court for juvenile adjudication.
(a) Upon remand pursuant to
G.S. 7B‑2200(c) or G.S. 7B‑2200.5(d) or removal pursuant
to G.S. 15A‑960, the court shall order expunction of all remanded or
removed charges. No person as to whom such an order has been entered shall
be held thereafter under any provision of any law to be guilty of perjury, or
to be guilty of otherwise giving a false statement or response to any inquiry
made for any purpose, by reason of his or her failure to recite or acknowledge
any expunged entries concerning apprehension or trial.The effect of an
expunction under this section is governed by G.S. 15A‑153.
."
SECTION 3.(j) G.S. 15A‑145.8A reads as rewritten:
"§ 15A‑145.8A. Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence.
(f) No person as to whom
such order has been entered shall be held thereafter under any provision of any
laws to be guilty of perjury or otherwise giving a false statement by reason of
that person's failure to recite or acknowledge such arrest, or indictment,
information, or trial, or response to any inquiry made of the person for any
purpose.The effect of an expunction under this section is governed by G.S. 15A‑153.
."
SECTION 3.(k) G.S. 15A‑145.9 reads as rewritten:
"§ 15A‑145.9. Expunctions of certain offenses committed by human trafficking victims.
(g) Effect. No person as
to whom an order has been entered pursuant to subsection (f) of this section shall
be held thereafter under any provision of any laws to be guilty of perjury or
otherwise giving false statement by reason of that person's failure to recite
or acknowledge the arrest, indictment, information, trial, or conviction.The
effect of an expunction under this section is governed by G.S. 15A‑153.
Persons required by State law to obtain a criminal history record check on a prospective employee shall not be deemed to have knowledge of any convictions expunged under this section.
."
SECTION 3.(l) G.S. 15A‑146 reads as rewritten:
"§ 15A‑146. Expunction of records when charges are dismissed or there are findings of not guilty.
(a3) Effect of Expunction. Except
as provided in G.S. 15A‑151.5(b)(5), no person as to whom an order
has been entered by a court or by operation of law under this section shall be
held thereafter under any provision of any law to be guilty of perjury, or to
be guilty of otherwise giving a false statement or response to any inquiry made
for any purpose, by reason of the person's failure to recite or acknowledge any
expunged entries concerning apprehension or trial.The effect of an
expunction under this section is governed by G.S. 15A‑153.
."
SECTION 3.(m) G.S. 15A‑147 reads as rewritten:
"§ 15A‑147. Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity.
(b) No person as to whom
such an order has been entered under this section shall be held thereafter
under any provision of any law to be guilty of perjury, or to be guilty of otherwise
giving a false statement or response to any inquiry made for any purpose, by
reason of the person's failure to recite or acknowledge any expunged entries
concerning apprehension, charge, or trial.The effect of an expunction under this section is governed by G.S. 15A‑153.
."
SECTION 3.(n) G.S. 15A‑149 reads as rewritten:
"§ 15A‑149. Expunction of records when pardon of innocence is granted.
(c) No person as to whom
such an order has been entered under this section shall be held thereafter
under any provision of any law to be guilty of perjury, or to be guilty of otherwise
giving a false statement or response to any inquiry made for any purpose, by
reason of the person's failure to recite or acknowledge any expunged entries
concerning apprehension, charge, or trial.The effect of an expunction under this section is governed by G.S. 15A‑153."
SECTION 3.(o) G.S. 15A‑153 reads as rewritten:
"§ 15A‑153. Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments.
(a) Purpose. The purpose
of this section is to clear the public record of any entry of any arrest,
criminal charge, or criminal conviction that has been expunged so that (i) the
person who is entitled to and obtains receives the expunction may
omit reference to the charges or convictions to potential employers and others
and (ii) a records check for prior arrests and convictions will not disclose
the expunged entries. Nothing in this section shall be construed to prohibit an
employer from asking a job applicant about criminal charges or convictions that
have not been expunged and are part of the public record.
(b) Nondisclosure Protected.
No person as to whom an order of expunction has been entered who receives
an expunction pursuant to this Article shall be held thereafter under
any provision of any laws to be is guilty of perjury or otherwise
giving a false statement by reason of that person's failure following
expunction to recite or acknowledge any the expunged arrest,
apprehension, charge, indictment, information, trial, or conviction in response
to any inquiry made of him or her the person for any purpose
other than as provided in subsection (e) of this section.
."
SECTION 4. G.S. 48‑3‑309 reads as rewritten:
"§ 48‑3‑309. Mandatory preplacement criminal checks
of prospective adoptive parents seeking to adopt a minor who is in the custody
or placement responsibility of a county department of social services and
mandatory preplacement criminal checks of all individuals 18 years of age or
older who reside in the prospective adoptive home.history checks.
(a) The Department shall ensure that the criminal histories of all prospective adoptive parents seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services and the criminal histories of all individuals 18 years of age or older who reside in the prospective adoptive home are checked prior to placement and, based on the criminal history, a determination is made as to the prospective adoptive parent's fitness to have responsibility for the safety and well‑being of children and whether other individuals required to be checked are fit for an adoptive child to reside with them in the home. The Department shall ensure that all individuals required to be checked are checked prior to placement for county, state, and federal criminal histories.
(b) A county department of social services shall issue an unfavorable preplacement assessment to a prospective adoptive parent if an individual required to submit to a criminal history check pursuant to subsection (a) of this section has a criminal history. A county department of social services shall issue an unfavorable preplacement assessment to a prospective adoptive parent if the county department of social services determines, pursuant to G.S. 48‑3‑303(e), that, based on other criminal convictions, whether felony or misdemeanor, the prospective adoptive parent is unfit to have responsibility for the safety and well‑being of children or other individuals required to be checked are unfit for an adoptive child to reside with them in the home.
histories
(c) The State Bureau of Investigation shall provide to the Department of Health and Human Services the criminal history of any individual required to be checked under subsection (a) of this section as requested by the Department and obtained from the State and National Repositories of Criminal Histories. The Department shall provide to the State Bureau of Investigation, along with the request, the fingerprints of any individual to be checked, any additional information required by the State Bureau of Investigation, and a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories signed by the individual to be checked. The fingerprints of any individual to be checked shall be used by the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(d) At the time of the request for a preplacement assessment or at a subsequent time prior to placement, any individual whose criminal history is to be checked shall be furnished with a statement substantially similar to the following:
"NOTICE
MANDATORY CRIMINAL HISTORY CHECK: NORTH CAROLINA LAW REQUIRES THAT A CRIMINAL HISTORY CHECK BE CONDUCTED PRIOR TO PLACEMENT ON PROSPECTIVE ADOPTIVE PARENTS SEEKING TO ADOPT A MINOR WHO IS IN THE CUSTODY OR PLACEMENT RESPONSIBILITY OF A COUNTY DEPARTMENT OF SOCIAL SERVICES AND ON ALL PERSONS 18 YEARS OF AGE OR OLDER WHO RESIDE IN THE PROSPECTIVE ADOPTIVE HOME.
"Criminal history" means a county, State, or federal conviction of a felony by a court of competent jurisdiction or a pending felony indictment of a crime for child abuse or neglect, spousal abuse, a crime against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, other than physical assault or battery; a county, State, or federal conviction of a felony by a court of competent jurisdiction or a pending felony indictment for physical assault, battery, or a drug‑related offense, if the offense was committed within the past five years; or similar crimes under federal law or under the laws of other states. Your fingerprints will be used to check the criminal history records of the State Bureau of Investigation (SBI) and the Federal Bureau of Investigation (FBI).
If it is determined, based on your criminal history, that you are unfit to have responsibility for the safety and well‑being of children or have an adoptive child reside with you, you shall have the opportunity to complete, or challenge the accuracy of, the information contained in the SBI or FBI identification records.
If the prospective adoptive parent is denied a favorable preplacement assessment by a county department of social services as a result of a criminal history check as required under G.S. 48‑3‑309(a), the prospective adoptive parent may request a review of the assessment pursuant to G.S. 48‑3‑308(a).
Any person who intentionally falsifies any information required to be furnished to conduct the criminal history is guilty of a Class 2 misdemeanor."
Refusal to consent to a criminal
history check by any individual required to be checked under G.S. 48‑3‑309(a)
subsection (a) of this section is grounds for the issuance by a
county department of social services of an unfavorable preplacement assessment.
Any person who intentionally falsifies any information required to be furnished
to conduct the criminal history is guilty of a Class 2 misdemeanor.
(g) There is no liability
for negligence on the part of a State or local agency, or the employees of a
State or local agency, arising from any action taken or omission by any of them
in carrying out the provisions of this section. The immunity established by
this subsection shall does not extend to gross negligence, wanton
conduct, or intentional wrongdoing that would otherwise be actionable. The
immunity established by this subsection shall be is deemed to
have been waived to the extent of indemnification by insurance, indemnification
under Article 31A of Chapter 143 of the General Statutes, and to the extent
sovereign immunity is waived under the Tort Claims Act, as set forth in Article
31 of Chapter 143 of the General Statutes.
(h) The State Bureau of
Investigation shall perform the State and national criminal history checks
on prospective adoptive parents seeking to adopt a minor in the custody or
placement responsibility of a county department of social services and all
individuals 18 years of age or older who reside in the prospective adoptive
home and shall charge the Department of Health and Human Services a reasonable
fee only for conducting the checks of the national criminal history records
authorized required by this section. The Division of Social Services,
Services of the Department of Health and Human Services, Services
shall bear the costs of implementing this section."
SECTION 5.(a) G.S. 58‑36‑43 reads as rewritten:
"§ 58‑36‑43. Optional approved program
enhancements authorized not altering coverage under not within Rate
Bureau jurisdiction.
(a) Member companies writing
private passenger automobile, homeowners', dwelling, or
residential private flood insurance under this Article may incorporate
optional enhancements to their automobile, homeowners', dwelling, and
residential private flood these programs as an endorsement to an
automobile, homeowners', dwelling, or residential private flood policy issued
under this Article a policy if the insurer has filed the proposed enhancement
enhancements with the Commissioner and if the proposed
enhancement is approved by the Commissioner. the Commissioner has approved
them. Any approved optional enhancements shall be considered are outside
the authority of the Rate Bureau. If the a proposed enhancement
will include an additional premium charge, the proposed premium charge shall be
included with the proposed program enhancements filed with the Commissioner.
The Commissioner shall review the proposed premium charges and approve them if
the Commissioner finds that they are based on sound actuarial principles.
Amendments to private passenger automobile, homeowners', dwelling, or
residential private flood program enhancements are subject to the same
requirements as initial filings. dwelling, residential private flood
A company shall not condition (i)
the acceptance or renewal of a policy, (ii) any underwriting criteria, or (iii)
any rating criteria upon the acceptance by the policyholder of any optional automobile
or homeowners' enhancements authorized by this section. A rate amendment
authorized by this section is not a rate deviation and is not subject to the
requirements for rate deviations set forth in G.S. 58‑36‑30(a).
(b) Repealed by S.L. 2023‑133, s. 16(c), as amended by S.L. 2024‑29, s. 9(b), effective July 1, 2025."
SECTION 5.(b) This section becomes effective July 1, 2025.
SECTION 6.(a) Part 1 of Article 45 of Chapter 66 of the General Statutes reads as rewritten:
"Part 1. Pawnbrokers and Cash Currency
Converters.
"§ 66‑385. Short title.
This Part shall be known and may be
cited as the Pawnbrokers and Cash Currency Converters
Modernization Act.
"§ 66‑386. Purpose.
The making of pawn loans and the
acquisition and disposition of tangible personal property by and through
pawnshops and cash currency converters vitally affects the
general economy of this State and the public interest and welfare of its
citizens. In recognition of these facts, it is the policy of this State and the
purpose of the Pawnbrokers and Cash Converters Modernization Act this
Part to do all of the following:
(1) Ensure a sound system of
making loans and acquiring and disposing of tangible personal property by and
through pawnshops, pawnshops and to prevent unlawful
property transactions, particularly in stolen property, through licensing and
regulating pawnbrokers.
(2) Ensure a sound system of
acquiring and disposing of tangible personal property by and through cash currency
converters and to prevent unlawful property transactions,
particularly in stolen property, by requiring record keeping by cash currency
converters.
(3) Provide for pawnbroker licensing fees and investigation fees of licensees.
(4) Ensure financial responsibility to the State and the general public.
(5) Ensure compliance with federal and State laws.
(6) Assist local governments in the exercise of their police authority.
."
SECTION 6.(b) G.S. 25‑9‑201 reads as rewritten:
"§ 25‑9‑201. General effectiveness of security agreement.
(a) General effectiveness.
Effectiveness. Except as otherwise provided in this Chapter, a
security agreement is effective according to its terms between the parties,
against purchasers of the collateral, and against creditors.
(b) Applicable consumer
laws and other law. Consumer Laws and Other Law. A transaction
subject to this Article is subject to any applicable rule of law which that
establishes a different rule for consumers, to any other statute, rule,
or regulation statute or rule of this State that regulates the
rates, charges, agreements, and practices for loans, credit sales, or other
extensions of credit, and to any consumer‑protection statute, rule, or
regulation statute or rule of this State, including Chapter 24 of
the General Statutes, the Retail Installment Sales Act (Chapter 25A of the
General Statutes), the North Carolina Consumer Finance Act (Article 15 of
Chapter 53 of the General Statutes), and the Pawnbrokers and Cash Currency
Converters Modernization Act (Part 1 of Article 45 of Chapter 66 of the
General Statutes).
(c) Other applicable law
controls. Applicable Law Controls. In case of conflict between
this Article and a rule of law, statute, or regulation law described
in subsection (b) of this section, the rule of law, statute, or regulation law
controls. Failure to comply with a statute or regulation law described
in subsection (b) of this section has only the effect the statute or
regulation law specifies.
(d) Further deference to
other applicable law. Deference to Other Applicable Law. This
Article does not:neither of the following:
(1) Validate any rate,
charge, agreement, or practice that violates a rule of law, statute, or
regulation law described in subsection (b) of this section; or section.
(2) Extend the application of
the rule of law, statute, or regulation a rule of law to a
transaction not otherwise subject to it."
SECTION 7.(a) The subunits of G.S. 75D‑3 are renumbered to conform to the General Statutes numbering system, and the definitions in G.S. 75D‑3 are reordered so that they appear in alphabetical order.
SECTION 7.(b) G.S. 75D‑3, as amended by subsection (a) of this section and Section 1(b) of S.L. 2024‑22, reads as rewritten:
"§ 75D‑3. Definitions.
As used in this Chapter, the
term:The following definitions apply in
this Chapter:
(1) "Attorney
General" means the Attorney General. The Attorney General of
North Carolina or any employee of the Department of Justice designated by him
the Attorney General in writing. Any district attorney of this
State, with his the Attorney General's consent, may be designated
in writing by the Attorney General to enforce the provisions of this Chapter.
(2) a. "Beneficial
interest" means either Beneficial interest. Either of the
following:
1.a. The interest of a person as a
beneficiary under any other a trust arrangement pursuant to which
a trustee holds legal or record title to real property for the benefit of such
person; orthe person.
2.b. The interest of a person under any
other form of express fiduciary arrangement pursuant to which any other another
person holds legal or record title to real property for the benefit of such
the person.
b. "Beneficial interest" The term does
not include the interest of a stockholder in a corporation or the interest of a
partner in either a general partnership or limited partnership. A beneficial
interest shall be is deemed to be located where the real property
owned by the trustee is located.
(3) "Civil
proceeding" means any Civil proceeding. A civil proceeding
commenced by the Attorney General or an injured person under any provision of
this Chapter.
(4) "Criminal
proceeding" means any Criminal proceeding. A criminal action
commenced by the State for a violation of any provision of those criminal laws referred
to in G.S. 75D‑3(c).set forth in subdivision (8) of this
section.
(5) "Documentary
material" means any Documentary material. A book, paper,
document, writing, drawing, graph, chart, photograph, phonocord, magnetic tape,
computer printout, other data compilation from which information can be
obtained or from which information can be translated into useable form, or
other tangible item.
(6) "Enterprise"
means any Enterprise. A person, sole proprietorship, partnership,
corporation, business trust, union chartered under the laws of this State, or
other legal entity; or any an unchartered union, association, or
group of individuals associated in fact although not a legal entity; and it entity.
The term includes illicit as well as licit enterprises and governmental as
well as other entities.
(7) "Pattern of
racketeering activity" means engaging Pattern of racketeering
activity. Engaging in at least two incidents of racketeering activity
that have the same or similar purposes, results, accomplices, victims, or
methods of commission or otherwise are interrelated by distinguishing
characteristics and are not isolated and unrelated incidents, provided incidents
so long as at least one of such these incidents occurred
after October 1, 1986, and that at least one other of such these incidents
occurred within a four‑year period of time of the other, excluding any
periods of imprisonment, after the commission of a prior incident of racketeering
activity.
(8) a. "Racketeering activity"
means to Racketeering activity. To commit, to attempt to commit,
or to solicit, coerce, or intimidate another person to commit an act or acts
which that would be chargeable by indictment if such the act
or acts were was accompanied by the necessary mens rea or
criminal intent under the following laws of this State:
1.a. Article 5 of Chapter 90 of the General
Statutes of North Carolina relating to controlled substances and
counterfeit controlled substances;substances.
2.b. Chapter 14 of the General Statutes of
North Carolina except Articles 9, 22A, 38, 40, 43, 46, 47, 59
thereof; and further excepting G.S. Sections 14‑78.1, and 59 of
that Chapter and G.S. 14‑82, 14‑86, 14‑145,
14‑146, 14‑147, 14‑177, 14‑178, 14‑179, 14‑183,
14‑184, 14‑186, 14‑190.9, 14‑195, 14‑197, 14‑201,
14‑202, 14‑247, 14‑248, 14‑313 thereof.and
14‑313.
3. Any conduct involved in a "money
laundering" activity, including activity covered by G.S. 14‑118.8;
and
b. "Racketeering activity" The term also
includes the description in Title 18, United States Code, Section 1961(1)."racketeering
activity," as defined in 18 U.S.C. § 1961(1), and any conduct involved in
a money laundering activity, including activity covered by G.S. 14‑118.8.
(9) "Real
property" means any Real property. Any real property situated
in this State or any an interest in such the real
property, including, but not limited to, any a lease of or
mortgage upon such the real property.
(10) "RICO lien
notice" means the RICO lien notice. The notice described in
G.S. 75D‑13.
(11) a. "Trustee"
means either Trustee. Either of the following:
1.a. Any A person who that
holds legal or record title to real property for in which any
other another person has a beneficial interest; orinterest.
2.b. Any A successor trustee or
trustees to any of the foregoing persons.to a person described in sub‑subdivision
a. of this subdivision.
b. "Trustee" The term does
not include the following:either
1. Any (i) a person appointed or acting
as a personal representative under Chapter 35A of the General Statutes relating
to guardian and ward, or under Chapter 28A of the General Statutes relating to
the administration of estates; or estates or
2. Any (ii) a person appointed or
acting as a trustee of any a testamentary trust or as trustee of any
an indenture of trust under which any bonds are to be issued."
SECTION 7.(c) G.S. 75D‑5 reads as rewritten:
"§ 75D‑5. RICO civil forfeiture proceedings.
(a) All property of every kind used or intended for use in the course of, derived from, or realized through a racketeering activity or pattern of racketeering activity is subject to forfeiture to the State. Forfeiture shall be had by a civil procedure known as a RICO forfeiture proceeding.
(b) A RICO forfeiture
proceeding shall be is governed by Chapter 1A of the General
Statutes of North Carolina except to the extent that special rules of
procedure are stated in this Chapter.
(c) A RICO forfeiture
proceeding shall be is an in rem proceeding against the property.
(d) A RICO forfeiture
proceeding shall be instituted by complaint and prosecuted only by the Attorney
General of North Carolina or his designated representative. General. The
proceeding may be commenced and a final judgment rendered thereon before
or after seizure of the property and before or after any a criminal
conviction of any person for violation of those laws any law set
forth in G.S. 75D‑3(c).G.S. 75D‑3(8).
(e) If the complaint is
filed before seizure, it shall state what property is sought to be forfeited,
that the property is within the jurisdiction of the court, the grounds for
forfeiture, and the names of all persons known to have or claim an interest in
the property. The court shall determine ex parte whether there is reasonable
ground to believe that the property is subject to forfeiture and, if the State
so alleges, whether notice to those persons having or claiming an interest in
the property prior to seizure would cause the loss or destruction of the
property. If the court finds:The court shall take action as follows:
(1) That If the
court finds that reasonable ground does not exist to believe that the
property is subject to forfeiture, it shall dismiss the complaint; orcomplaint.
(2) That If the
court finds that reasonable ground does exist to believe the property is
subject to forfeiture but there is not reasonable ground to believe that prior
notice would result in loss or destruction, it shall order service on all
persons known to have or claim an interest in the property prior to a further
hearing on whether a writ of seizure should issue; orissue.
(3) That If the
court finds that there is reasonable ground to believe that the property is
subject to forfeiture and to believe that prior notice would cause loss
or destruction, it shall shall, without any further hearing or
notice, issue a writ of seizure directing the sheriff of or any other law
enforcement officer in the county where the property is found to seize it.
(f) Seizure may be effected
by a law enforcement officer authorized to enforce the penal laws of this State
prior to the filing of the complaint and without a writ of seizure if the
seizure is incident to a lawful arrest, search, or inspection and the officer
has probable cause to believe the property is subject to forfeiture and will be
lost or destroyed if not seized. Within 24 hours of the time of seizure, the
seizure shall be reported by the officer to the district attorney of the
prosecutorial district as defined in G.S. 7A‑60 in which the seizure
is effected who shall immediately report such the seizure to the
Attorney General. The Attorney General shall, within 30 days after receiving
notice of seizure, examine the evidence surrounding such the seizure,
and if he the Attorney General believes reasonable ground exists
for forfeiture under this Chapter, the Attorney General shall file a
complaint for forfeiture. The complaint shall state, in addition to the
information required in subsection (e) of this section, the date and place of
seizure.
(g) After the complaint is
filed or the seizure effected, whichever is later, every person known to have
or claim an interest in the property, or in the property or enterprise of which
the subject property is a part or represents any interest, shall be served, if
not previously served, with a copy of the complaint and a notice of seizure in
the manner provided by Chapter 1A of the General Statutes of North Carolina.
Statutes. Service by publication may be ordered upon any party whose
whereabouts cannot be determined with reasonable diligence within 30 days of the
filing of the complaint.
(h) (1) Any
A person claiming an interest in the property, property may
become a party to the action at any time prior to judgment whether named in the
complaint or not. Any A party claiming a substantial interest in
the property, upon motion motion, may be allowed by the court to
take possession of the property upon posting bond with good and sufficient
security in double the amount of the property's value conditioned to pay the
value of any interest in the property found to be subject to forfeiture or the
value of any interest of another not subject to forfeiture.
(2) The court, upon such any
terms and conditions as it may prescribe, that it prescribes, may
order that the property be sold by an innocent party who that holds
a lien on or security interest in the property at anytime any time during
the proceedings. Any proceeds from such the sale over and above
the amount necessary to satisfy the lien or security interest shall be paid
into court pending final judgment in the forfeiture proceeding. No such sale
shall be ordered, however, unless the obligation upon which the lien or
security interest is based is in default.
(3) Pending final judgment in
the forfeiture proceeding, the court may make any other disposition of the
property necessary to protect it or in the interest of substantial justice, justice
and which that adequately protects the interests of innocent
parties.
(i) The interest of an
innocent party in the property shall not be is not subject to
forfeiture. An innocent party is one who that did not have actual
or constructive knowledge that the property was subject to forfeiture. An
attorney who is paid a fee for representing any a person subject
to this act, shall be Chapter is rebuttably presumed to be an innocent
party as to that fee transaction.
(j) Subject to the requirement of protecting the interest of all innocent parties, the court may, after judgment of forfeiture, make any of the following orders for disposition of the property:
(1) Destruction of the
property or contraband, the possession of, or use of, which is illegal;illegal.
(2) Retention for official
use by a law enforcement agency, the State State, or any
political subdivision thereof. When such the agency or political
subdivision no longer has use for such the property, it shall be
disposed of by judicial sale as provided in Article 29A of Chapter 1 of the
General Statutes of North Carolina, Statutes, and the proceeds
shall be paid to the State Treasurer;Treasurer.
(3) Transfer to the Department
of Natural and Cultural Resources of property useful for historical or
instructional purposes;purposes.
(4) Retention of the property
by any an innocent party having an interest therein, in
it, including the right to restrict sale of an interest to outsiders, such
as a right of first refusal, upon payment or approval of a plan for payment
into court of the value of any forfeited interest in the property. The plan may
include, in the case of an innocent party who that holds an
interest in the property through an estate a tenancy by the
entirety, or an undivided interest in the property, interest, or
a lien on or security interest in the property, interest, the
sale of the property by the innocent party under such any terms
and conditions as may be prescribed by the court and the payment into
court of any proceeds from such the sale over and above the
amount necessary to satisfy the divided ownership value of the innocent
party's interest or the lien or security interest. interest. Proceeds
paid into the court must shall then be paid to the State Treasurer;Treasurer.
(5) Judicial sale of the
property as provided in Article 29A of Chapter 1 of the General Statutes of
North Carolina, Statutes, with the proceeds being paid to the State Treasurer;Treasurer.
(6) Transfer of the property
to any an innocent party having an interest therein in
it equal to or greater than the value of the property; orproperty.
(7) Any other disposition of
the property which that is in the interest of substantial justice
and adequately protects innocent parties, with any proceeds being paid to the
State Treasurer.
(k) In addition to the
provisions of an in rem action under subsections (c) through (g) relating
to in rem actions, of this section, the State may bring an in
personam action for the forfeiture of any property subject to forfeiture under
subsection (a) of this section.
(l) Upon the entry
of a final civil judgment of forfeiture in favor of the State:State,
the following provisions apply:
(1) The title of the State to
the forfeited property shall:relates back as follows:
a. In the case of real
property or a beneficial interest, relate the title relates back
to the date of the filing of the RICO lien notice in the official record
of the county where the real property or beneficial interest is located and,
if located. If no RICO lien notice is filed, then the
title relates back to the date of the filing of any notice of lis pendens
in the official records of the county where the real property or beneficial
interest is located and, if located. If no RICO lien notice or
notice of lis pendens is so filed, then the title relates back to
the date of the recording of the final judgment of forfeiture in the
official records of the county where the real property or beneficial interest
is located; andlocated.
b. In the case of personal
property, relate the title relates back to the date the personal
property was seized pursuant to the provisions of this Chapter.
(2) If property subject to
forfeiture is conveyed, alienated, disposed of, or otherwise rendered
unavailable for forfeiture after the filing of a RICO lien notice or after the
filing of a RICO civil proceeding proceeding, whichever is
earlier, the Attorney General may, on behalf of the State, institute an action
in an appropriate court against the person named in the RICO lien notice or the
defendant in the civil proceeding and the court shall enter final judgment
against the person named in the RICO lien notice or the defendant in the civil
proceeding in an amount equal to the fair market value of the property,
together with investigative costs and attorney's attorneys' fees
incurred by the Attorney General in the action."
SECTION 7.(d) G.S. 75D‑8 reads as rewritten:
"§ 75D‑8. Available RICO civil remedies.
(a) As part of a final
judgment of forfeiture, any judge of the superior court may, after giving
reasonable notice to potential innocent claimants, enjoin violations of
G.S. 75D‑4, by issuing appropriate one or more of the
following orders and judgments:
(1) Ordering any a defendant
to divest himself oneself of any an interest in any
enterprise, real property, or personal property including property held by a
tenancy by the entirety. Where If property is held by a
tenancy by the entirety and one of the spouses is an innocent person as
defined in G.S. 75D‑5(i), upon entry of a final judgment of
forfeiture of entirety property, the judgment operates, operates to
convert the tenancy by the entirety to a tenancy in common, and only the
one‑half undivided interest of the offending spouse shall be forfeited
according to the provisions of this Chapter;this Chapter.
(2) Imposing reasonable
restrictions upon the future activities or investments of any a defendant
in the same or similar type of endeavor as the enterprise in which he the
defendant was engaged in violation of G.S. 75D‑4;G.S. 75D‑4.
(3) Ordering the dissolution
or reorganization of any enterprise;an enterprise.
(4) Ordering the suspension
or revocation of any a license, permit, or prior approval granted
to any an enterprise by any agency of the State;a State
agency.
(5) Ordering the forfeiture
of the charter of a corporation organized under the laws of this State or the
revocation of a certificate authorizing a foreign corporation to conduct
business within in this State upon a finding that the board of
directors or a managerial agent acting on behalf of the corporation, in
conducting affairs of the corporation, has authorized or engaged in conduct in
violation of G.S. 75D‑4, G.S. 75D‑4 and that,
for the prevention of future unlawful activity, the public interest requires that
the charter of the corporation be dissolved or the certificate be revoked;revoked.
(6) Appointment of a receiver
pursuant to the provisions of Article 38 of Chapter 1 of the General
Statutes of North Carolina, to collect, conserve conserve, and
dispose of all the proceeds, money, profits profits, and
property, both real and personal, subject to the provisions of this Chapter in
accordance with the provisions hereof this Chapter, as directed
by the final judgment of the superior court having jurisdiction over the
parties or subject matter of the action; oraction.
(7) Any other equitable remedy appropriate to effect complete forfeiture of property subject to forfeiture, or to prevent future violations of this Chapter.
(b) The State through the
Attorney General may institute a proceeding under G.S. 75D‑5. In such
the proceeding, relief shall be granted in conformity with the
principles that govern the granting of injunctive relief from threatened loss
or damage in other civil cases, provided that no showing of special or
irreparable damage to the person shall have to be made and provided further
that the State shall not be cases. However, the State is not required to
show special or irreparable damage, nor is the State required to execute
any bond before or after obtaining temporary restraining orders or preliminary
injunctions.
(c) Any An innocent
person who that is injured or damaged in his business or
property by reason of any violation of G.S. 75D‑4 involving a
pattern of racketeering activity shall have has a cause of action
for three times the actual damages sustained and reasonable attorneys attorneys'
fees. For purposes of this subsection, "pattern of racketeering
activity" shall require requires that at least one act of
racketeering activity be an act of racketeering activity other than (i) an act
indictable under 18 U.S.C. § 1341 or U.S.C. § 1343, 18 U.S.C. § 1343 or
(ii) an act which that is an offense involving fraud in the sale
of securities. Any A person filing a private action under this
subsection must shall concurrently notify the Attorney General in
writing of the commencement of the action. Thereafter, the Attorney General may
file a motion for a protective order in the court where the private action is
pending and shall be granted a stay of the private action for a reasonable time
if the court finds either:either of the following:
(1) The bringing of a private
action is likely to materially interfere with or impair a public forfeiture action;
oraction.
(2) The public interest is so great as to require the Attorney General to investigate and bring a forfeiture action.
(d) Any An injured
innocent person shall have has a right or claim to forfeited property
property, or to the proceeds derived therefrom from it,
that is superior to any right or claim the State has in the same property
or proceeds. To enforce such a claim the claim, the injured
innocent person must shall intervene in the forfeiture proceeding
prior to its final disposition.
(e) A final conviction in any
a criminal proceeding for a violation of those laws set forth in G.S.
75D‑3(c), shall estop estops the defendant in any subsequent
civil action or proceeding under this Chapter as to all matters proved in the
criminal proceeding.
(f) A defendant in an action
commenced by the State pursuant to this Chapter whose convictions of two or
more criminal offenses of those criminal statutes as set forth in G.S. 75D‑3(c)
have become final, which offenses have occurred within a four‑year period
of each other as set forth in G.S. 75D‑3(b) shall be who has two
or more final convictions for violating any law set forth in G.S. 75D‑3(8)
and whose violations occurred within a four‑year period as set forth in G.S. 75D‑3(7)
is deemed to have, have per se violated the provisions of G.S. 75D‑4(a)(1)
or (2) as of the date of the second conviction.
(g) Any party is entitled to a jury trial in any action brought under this Chapter."
SECTION 7.(e) This section is effective when it becomes law and applies to actions or proceedings commenced on or after that date.
SECTION 8.(a) The definitions in G.S. 85B‑1 are reordered so that they appear in alphabetical order.
SECTION 8.(b) G.S. 85B‑1, as amended by subsection (a) of this section, reads as rewritten:
"§ 85B‑1. Definitions.
For the purposes of this Chapter
Chapter, the following definitions shall apply:
(1) "Absolute
Auction" means the Absolute auction. The sale of real or
personal property at auction in which the item offered for auction is sold to
the highest bidder without reserve, without the requirement of any a minimum
bid, and without competing bids of any type by the owner, or agent of the
owner, of the property.
(2) "Auction"
means the Auction. The sale of goods or real estate by means of
exchanges between an auctioneer and members of an audience, the exchanges
consisting of a series of invitations for offers made by the auctioneer, offers
by members of the audience, and the acceptance by the auctioneer of the highest
or most favorable offer.
(3) "Auction
Firm" means a Auction firm. A sole proprietorship of which
the owner is not a licensed auctioneer, or any a partnership,
association, or corporation, not otherwise exempt from this Chapter, that does
any of the following:
a. sells Sells, either directly or
through agents, real or personal property at auction, or that auction.
b. arranges, Arranges, sponsors,
manages, conducts conducts, or advertises auctions, or that auctions.
c. in In the regular course of business
business, uses or allows the use of its facilities for auctions.
This definition
This term applies whether or not an owner or officer of the business
acts as an auctioneer.
(4) "Auctioneer"
means any Auctioneer. A person who conducts or offers to conduct auctions
and auctions. This term includes apprentice auctioneers except as
when stricter standards are specified by this Chapter for apprentice
auctioneers.
(5) "Auctioneering",
"conduct of auction", or "conduct of business" means, in Auctioneering,
conduct of auction, or conduct of business. In addition to the actual
calling of bids, any of the following:
a. Contracting for auction.
b. Accepting consignments of items for sale at auction.
c. Advertising an auction.
d. Offering items for sale at auction.
e. Accepting payment or disbursing monies for items sold at auction.
f. Otherwise soliciting, arranging, sponsoring, or managing an auction or holding oneself out as an auctioneer or auction firm.
(6) "Consignment"
means, unless Consignment. Unless otherwise modified by written
agreement, the act of delivering or transferring goods or real estate in fact
or constructively to an auctioneer or the auctioneer's agent in trust for the
purpose of resale at auction whereby by which title does not pass
to the buyer until there is an action indicating a sale. For purposes of
this section, consignment may also mean This term includes a
bailment for sale.
(7) "Designated
person" means any Designated person. A person approved by the
Board to have the authority to transact business for a licensed auction firm.
(8) "Estate
Sale" means the Estate sale. The liquidation by sale at
auction of real or personal property of a specified person.
(9) "Fund" means
Fund. Auctioneer Recovery Fund.
(10) "Owner" means
the Owner. The bona fide owner of the property being offered for sale;sale.
The following provisions apply:
a. in In the case of partnerships, "owner"
this term means a general partner in a partnership that owns the
property being offered for sale, provided that sale so long as, in
the case of a limited partnership it partnership, the partnership has
filed a certificate of limited partnership as required by Chapter 59 of the
General Statutes; Statutes.
b. in In the case of corporations, "owner"
this term means an officer or director or employee or someone acting
on behalf of the employee of officer, director, employee, or agent of a
corporation that owns the property being offered for sale provided that so
long as the corporation is registered to do business in the this State."
SECTION 9. G.S. 128‑26A is redesignated as G.S. 128‑26.1.
SECTION 10.(a) G.S. 131A‑3 reads as rewritten:
"§ 131A‑3. Definitions.
As used or referred to in this
Article, the following words and terms shall have the following meanings,
unless the context clearly indicates otherwise:
(1) "Bonds" or "notes" means the
revenue bonds or bond anticipation notes, respectively, authorized to be issued
by the Commission under this Article;
(2) "Commission" means the North Carolina
Medical Care Commission, created by Part 10 of Article 3 of Chapter 143B of the
General Statutes, or, should said Commission be abolished or otherwise divested
of its functions under this Article, the public body succeeding it in its
principal functions, or upon which are conferred by law the rights, powers and
duties given by this Article to the Commission;
(3) "Cost" as applied to any health care
facilities means the cost of construction or acquisition; the cost of
acquisition of property, including rights in land and other property, both real
and personal and improved and unimproved; the cost of demolishing, removing or
relocating any buildings or structures on land so acquired, including the cost
of acquiring any land to which such buildings or structures may be moved or
relocated; the cost of all machinery, fixed and movable equipment and
furnishings; financing charges, interest prior to and during construction and,
if deemed advisable by the Commission, for a period not exceeding two years
after the estimated date of completion of construction, the cost of engineering
and architectural surveys, plans and specifications; the cost of consulting and
legal services and other expenses necessary or incident to determining the
feasibility or practicability of constructing or acquiring such health care
facilities; the cost of administrative and other expenses necessary or incident
to the construction or acquisition of such health care facilities, and the
financing of the construction or acquisition thereof, including reasonable
provision for working capital and a reserve for debt service; the cost of
reimbursing any public or nonprofit agency for any payments made for any cost
described above or the refinancing of any cost described above, provided that
no payment shall be reimbursed or any cost be refinanced if such payment was
made or such cost was incurred earlier than two years prior to the effective
date of this Article; provided further, that it is the intent that any costs
described above shall be payable solely from the revenues of the health care
facilities;
(4) "Health care facilities" means any one
or more buildings, structures, additions, extensions, improvements or other
facilities, whether or not located on the same site or sites, machinery,
equipment, furnishings or other real or personal property suitable for health
care or medical care; and includes, without limitation: general hospitals,
chronic diseases, maternity, mental, tuberculosis and other specialized
hospitals; facilities for intensive care and self‑care; nursing homes,
including skilled nursing facilities and intermediate care facilities; facilities
for continuing care of the elderly and infirm; clinics and outpatient
facilities; clinical, pathological and other laboratories; health care research
facilities; laundries; training facilities for nurses, interns, physicians and
other staff members; food preparation and food service facilities;
administration buildings, central service and other administrative facilities;
communication, computer; and other electronic facilities, fire‑fighting
facilities, pharmaceutical facilities and recreational facilities; storage
space, X‑ray, laser, radiotherapy and other apparatus and equipment;
dispensaries; utilities; vehicular parking lots and garages; office facilities
for health care facilities staff members and physicians; and such other health
care facilities customarily under the jurisdiction of or provided by hospitals,
or any combination of the foregoing, with all necessary, convenient or related
interests in land, machinery, apparatus, appliances, equipment, furnishings,
appurtenances, site preparation, landscaping and physical amenities;
(5) "Non‑profit agency" means any
nonprofit corporation existing or hereafter created and empowered to acquire,
by lease or otherwise, operate or maintain health care facilities;
(6) "Public agency" means any county,
city, town, hospital district or other political subdivision of the State
existing or hereafter created pursuant to the laws of the State authorized to
acquire, by lease or otherwise, operate or maintain health care facilities;
(7) "State" means the State of North
Carolina;
(8) "Federally guaranteed security" means
any security, investment or evidence of indebtedness issued pursuant to any
provision of federal law for the purpose of financing or refinancing the cost
of any health care facilities which is insured or guaranteed, directly or
indirectly, in whole or in part as to the repayment of principal or interest by
the United States of America or any instrumentality thereof;
(9) "Federally insured mortgage note"
means any loan secured by a mortgage or deed of trust on any health care
facilities owned or leased by any public or nonprofit agency which is insured
or guaranteed, directly or indirectly, in whole or in part as to the repayment
of principal and interest by the United States of America or any
instrumentality thereof, or any commitment by the United States of America or
any instrumentality thereof to so insure or guarantee such a loan secured by a
mortgage or a deed of trust.
(10) "Continuing care" means the furnishing,
pursuant to a continuing care agreement, of shelter, food, and nursing care to
an individual not related by consanguinity or affinity to the provider
furnishing such care. Other personal services provided shall be designated in
the continuing care agreement. Continuing care shall include only life care,
care for life, or care for a term of years;
(11) "Life care" or "care for life"
means a life lease, life membership, life estate, or similar agreement between
an individual and a provider by which the individual pays a fee for the right
to occupy a space in the continuing care facility and to receive continuing
care for life; and
(12) "Care for a term of years" means an
agreement between an individual and a provider whereby the individual pays a
fee for the right to occupy space in a continuing care facility, and to receive
continuing care, for at least one year, but for less than the life of the
member.
The following definitions apply in this Article:
(1) Bonds or notes. The revenue bonds or bond anticipation notes, respectively, authorized to be issued by the Commission under this Article.
(2) Care for a term of years. An agreement between an individual and a provider by which the individual pays a fee for the right to occupy space in a continuing care facility and to receive continuing care for at least one year but for less than the life of the member.
(3) Commission. The North Carolina Medical Care Commission, created by Part 10 of Article 3 of Chapter 143B of the General Statutes, or a successor body.
(4) Continuing care. The furnishing, pursuant to a continuing care agreement, of shelter, food, and nursing care to an individual not related by consanguinity or affinity to the provider furnishing the care. Other personal services provided shall be designated in the continuing care agreement. This term includes only life care, care for life, or care for a term of years.
(5) Cost. As applied to any health care facilities, any of the following:
a. The cost of construction or acquisition.
b. The cost of acquisition of property, including property rights, both real and personal and improved and unimproved.
c. The cost of demolishing, removing, or relocating any buildings or structures on land acquired, including the cost of acquiring any land to which the buildings or structures may be moved or relocated.
d. The cost of all machinery, fixed and movable equipment, and furnishings.
e. Financing charges, interest prior to and during construction, and, if deemed advisable by the Commission, for a period not exceeding two years after the estimated date of completion of construction, the cost of engineering and architectural surveys, plans, and specifications.
f. The cost of consulting and legal services and other expenses necessary or incident to determining the feasibility or practicability of constructing or acquiring the health care facilities.
g. The cost of administrative and other expenses necessary or incident to the construction or acquisition of the health care facilities and the financing of the construction or acquisition, including reasonable provision for working capital and a reserve for debt service.
h. The cost of reimbursing a public or nonprofit agency for any payments made for any cost described in this subdivision or the refinancing of any cost described in this subdivision. This term, however, does not include any reimbursement or refinancing costs that are not payable solely from the revenues of the health care facilities.
(6) Federally guaranteed security. A security, investment, or evidence of indebtedness issued pursuant to federal law for the purpose of financing or refinancing the cost of a health care facility and that is insured or guaranteed, directly or indirectly, in whole or in part as to the repayment of principal or interest by the United States of America or any instrumentality thereof.
(7) Federally insured mortgage note. A loan secured by a mortgage or deed of trust on a health care facility owned or leased by a public or nonprofit agency and that is insured or guaranteed, directly or indirectly, in whole or in part as to the repayment of principal and interest by the United States of America or any instrumentality thereof, or by a commitment of the United States of America or any instrumentality thereof.
(8) Health care facilities. Any one or more buildings, structures, additions, extensions, improvements, or other facilities, whether or not located on the same site, machinery, equipment, furnishings, or other real or personal property suitable for health care or medical care. The term includes, without limitation, any of the following facilities related to health care:
a. General hospitals or specialized hospitals, such as hospitals for chronic diseases, maternity, or mental health.
b. Facilities for intensive care and self‑care.
c. Nursing homes, including skilled nursing facilities and intermediate care facilities.
d. Facilities for the continuing care of the elderly and infirm.
e. Clinics and outpatient facilities.
f. Clinical, pathological, and other laboratories.
g. Health care research facilities.
h. Laundries.
i. Training facilities for nurses, interns, physicians, and other staff members.
j. Food preparation and food service facilities.
k. Administration buildings, central service facilities, and other administrative facilities.
l. Communication, computer, and other electronic facilities, firefighting facilities, pharmaceutical facilities, and recreational facilities.
m. Storage space.
n. X‑ray, laser, radiotherapy, and other apparatus and equipment.
o. Dispensaries.
p. Utilities.
q. Vehicular parking lots and garages.
r. Office facilities for staff members and physicians of a health care facility.
s. Other facilities customarily under the jurisdiction of or provided by hospitals, or any combination of the facilities listed in this subdivision, with all related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities.
(9) Life care or care for life. A life lease, life membership, life estate, or similar agreement between an individual and a provider by which the individual pays a fee for the right to occupy a space in the continuing care facility and to receive continuing care for life.
(10) Nonprofit agency. A nonprofit corporation authorized to acquire, by lease or otherwise, operate, or maintain health care facilities.
(11) Public agency. A county, city, town, hospital district, or other political subdivision of the State authorized to acquire, by lease or otherwise, operate, or maintain health care facilities.
(12) State. State of North Carolina."
SECTION 10.(b) G.S. 143B‑181.16 reads as rewritten:
"§ 143B‑181.16. Long‑Term Care Ombudsman
Program/Office; definition.Definitions.
Unless the content clearly
requires otherwise, as used in this Article:
(1) "Long‑term care facility" means
any skilled nursing facility and intermediate care facility as defined in G.S.
131A‑3(4) or any adult care home as defined in G.S. 131D‑20(2).
(1a) Reserved for future codification purposes.
(1b) "Programmatic supervision" means the
monitoring of the performance of the duties of the Regional Ombudsman and
ensuring that the Area Agency on Aging has personnel policies and procedures
consistent with the laws and policies governing the Ombudsman Program as performed
by the State Ombudsman.
(1c) "Regional Ombudsman" means a person
employed by an Area Agency on Aging who is certified and designated by the
State Ombudsman to carry out the functions of the Regional Ombudsman Office
established by this Article, 42 U.S.C. § 3001, et seq. and regulations
promulgated thereunder.
(2) "Resident" means any person who is
receiving treatment or care in any long‑term care facility.
(3) "State Ombudsman" means the State
Ombudsman as defined by the Older Americans Act of 1965, as amended, 42 U.S.C.
§ 3001 et seq., and regulations promulgated thereunder, who carries out the
duties and functions established by this Article and 42 U.S.C. § 3001, et seq.
and regulations promulgated thereunder.
(4) "Willful interference" means actions or
inactions taken by an individual in an attempt to intentionally prevent,
interfere with, or attempt to impede the Ombudsman or a representative of the
Office from performing any of the functions, responsibilities, or duties set
forth in 42 U.S.C. § 3001 et seq., and regulations promulgated thereunder.
The following definitions apply in this Article:
(1) Long‑term care facility. A skilled nursing facility, intermediate care facility, or adult care home as defined in G.S. 131D‑20.
(2) Programmatic supervision. The monitoring of the performance of the duties of the Regional Ombudsman and ensuring that the Area Agency on Aging has personnel policies and procedures consistent with the laws and policies governing the Ombudsman Program as performed by the State Ombudsman.
(3) Regional Ombudsman. A person employed by an Area Agency on Aging who is certified and designated by the State Ombudsman to carry out the functions of the Regional Ombudsman Office established by this Article, the Older Americans Act of 1965, 42 U.S.C. § 3001, et seq., and the regulations promulgated under that act.
(4) Resident. A person who is receiving treatment or care in a long‑term care facility.
(5) State Ombudsman. The State Ombudsman, as defined by the Older Americans Act of 1965, 42 U.S.C. § 3001, et seq., and the regulations promulgated under it, who carries out the duties and functions established by those laws and this Article.
(6) Willful or unnecessary obstruction. Actions or inactions taken by an individual in an attempt to intentionally prevent, interfere with, or attempt to impede the State Ombudsman or Regional Ombudsman from performing any of the functions, responsibilities, or duties set forth in the Older Americans Act of 1965, 42 U.S.C. § 3001, et seq., and the regulations promulgated under it."
SECTION 11.1.(a) G.S. 131E‑176(5a) is recodified as G.S. 131E‑176(5c).
SECTION 11.1.(b) G.S. 131E‑176(10) is recodified as G.S. 131E‑176(7e).
SECTION 11.1.(c) G.S. 131E‑176(13) is recodified as G.S. 131E‑176(13d). The Revisor of Statutes shall substitute "G.S. 131E‑176" for "G.S. 131E‑176(13)" wherever it appears in G.S. 90‑414.4.
SECTION 11.2.(a) G.S. 131E‑176, as amended by Section 11.1 of this act, reads as rewritten:
"§ 131E‑176. Definitions.
The following definitions apply in this Article:
(1) Adult care home. A
facility with seven or more beds licensed under Part 1 of Article 1 of Chapter
131D of the General Statutes or under this Chapter that provides residential
care for aged individuals or individuals with disabilities whose principal need
is a home which that provides the supervision and personal care
appropriate to their age and disability and for whom medical care is only
occasional or incidental.
(1b) Ambulatory surgical
facility. A facility designed for the provision of a specialty ambulatory
surgical program or a multispecialty ambulatory surgical program. An ambulatory surgical facility serves patients who
require local, regional, or general anesthesia and a period of post‑operative
observation. An ambulatory surgical facility may only admit patients for a
period of less than 24 hours and must shall provide at least
one designated operating room or gastrointestinal endoscopy room and at least
one designated recovery room, have available the necessary equipment and
trained personnel to handle emergencies, provide adequate quality assurance and
assessment by an evaluation and review committee, and maintain adequate medical
records for each patient. An ambulatory surgical facility may be operated as a
part of a physician physician's or dentist's office, provided office
so long as the facility is licensed under Part 4 of Article 6 of this
Chapter, but the performance of incidental, limited ambulatory surgical
procedures which that do not constitute an ambulatory surgical
program and which that are performed in a physician's or
dentist's office does not make that office an ambulatory surgical facility.
(1c) Ambulatory surgical
program. A formal program for providing on a same‑day basis those
surgical procedures which that require local, regional, or
general anesthesia and a period of post‑operative observation to patients
whose admission for more than 24 hours is determined, prior to surgery or
gastrointestinal endoscopy, to be medically unnecessary.
(2) Bed capacity. Space
used exclusively for inpatient care, including space designed or remodeled for
licensed inpatient beds even though temporarily not used for such these
purposes. The number of beds to be counted in any a patient
room shall be the maximum number for which adequate square footage is provided
as established by rules of the Department except that single beds in single
rooms are counted even if the room contains inadequate square footage. The
term "bed capacity" This term also refers to the number of
dialysis stations in kidney disease treatment centers, including freestanding
dialysis units.
(2d) Capital expenditure. An
expenditure for a project, including but not limited to to, the
cost of construction, engineering, and equipment which that, under
generally accepted accounting principles principles, is not
properly chargeable as an expense of operation and maintenance. Capital
expenditure includes, in addition, the fair market value of an acquisition made
by donation, lease, or comparable arrangement by which a person obtains
equipment, the expenditure for which would have been considered a capital
expenditure under this Article if the person had acquired it by purchase.
(3) Certificate of need. A
written order which that affords the person so designated
as the legal proponent of the proposed project the opportunity to proceed with
the development of the project.
(5) Change in bed capacity. Any of the following:
a. Any A relocation
of health service facility beds, beds or dialysis stations from
one licensed facility or campus to another.
b. Any A redistribution
of health service facility bed capacity among the categories of health service
facility bed.
c. Any An increase
in the number of health service facility beds, beds or dialysis
stations in kidney disease treatment centers, including freestanding dialysis
units.
(5c) Chemical dependency
treatment facility. A public or private facility, or unit in a facility, which
that is engaged in providing 24‑hour a day 24‑hour‑a‑day
treatment for chemical dependency or a substance use disorder. This
treatment may include detoxification, administration of a therapeutic regimen
for the treatment of individuals with chemical dependence or substance use
disorders, and related services. The facility or unit may be any of the
following:
(7) Develop. When used in
connection with health services, means to undertake those activities which that
will result in the offering of institutional health service or the
incurring of a financial obligation in relation to the offering of such a the
service.
(7a) (Effective until
November 21, 2026 see note) Diagnostic center. A freestanding facility,
program, or provider, including but not limited to, physicians' offices,
clinical laboratories, radiology centers, and mobile diagnostic programs, in
which the total cost of all the medical diagnostic equipment utilized by the
facility which cost that costs ten thousand dollars ($10,000) or
more exceeds three million dollars ($3,000,000). In determining whether the
medical diagnostic equipment in a diagnostic center costs more than three
million dollars ($3,000,000), the costs of the equipment, studies, surveys,
designs, plans, working drawings, specifications, construction, installation,
and other activities essential to acquiring and making operational the
equipment shall be included. The capital expenditure for the equipment shall
be is deemed to be the fair market value of the equipment or the
cost of the equipment, whichever is greater. Beginning September 30, 2022,
and on On September 30 of each year thereafter, year,
the cost threshold amount in this subdivision shall be adjusted using the
Medical Care Index component of the Consumer Price Index published by the U.S.
Department of Labor for the 12‑month period preceding the previous
September 1.
(7c) Gamma knife. Equipment which
that emits photon beams from a stationary radioactive cobalt source
to treat lesions deep within the brain and is one type of stereotactic
radiosurgery.
(7e) Health maintenance
organization (HMO). A public or private organization which that has
received its certificate of authority under Article 67 of Chapter 58 of the
General Statutes and which that either is a qualified health
maintenance organization under Section 1310(d) of the Public Health Service Act
42 U.S.C. § 300e‑9, or satisfies all of the following:
b. Is compensated, except
for copayments, for the provision of the basic health care services listed in
sub‑subdivision a. of this subdivision to enrolled participants by a
payment which that is paid on a periodic basis without regard to
the date the health care services are provided and which that is
fixed without regard to the frequency, extent, or kind of health service
actually provided.
c. Provides physicians'
services primarily (i) directly through physicians who are either employees or
partners of such organizations, these organizations or (ii)
through arrangements with individual physicians or one or more groups of
physicians organized on a group practice or individual practice basis.
(9a) Health service. An
organized, interrelated activity that is medical, diagnostic, therapeutic,
rehabilitative, or a combination thereof of those and that is
integral to the prevention of disease or the clinical management of an
individual who is sick or injured or who has a disability. "Health
service" The term does not include administrative and other
activities that are not integral to clinical management.
(9b) (Effective until
November 21, 2025 see note) Health service facility. A hospital; long‑term
care hospital; rehabilitation facility; nursing home facility; adult care home;
kidney disease treatment center, including freestanding hemodialysis units;
intermediate care facility for individuals with intellectual disabilities; home
health agency office; diagnostic center; hospice office, hospice inpatient
facility, or hospice residential care facility; and or ambulatory
surgical facility.
(9c) Health service facility
bed. A bed licensed for use in a health service facility in the categories of
(i) acute care beds; (iii) (ii) rehabilitation beds; (iv) (iii)
nursing home beds; (v) (iv) intermediate care beds for
individuals with intellectual disabilities; (vii) (v) hospice
inpatient facility beds; (viii) (vi) hospice residential care
facility beds; (ix) (vii) adult care home beds; and (x) (viii)
long‑term care hospital beds.
(12) Home health agency. A
private organization or public agency, whether owned or operated by one or more
persons or legal entities, which that furnishes or offers to
furnish home health services.
(12a) Home health services.
Items and services furnished to an individual by a home health agency, or by
others under arrangements with such others made by the agency, on a
visiting basis, and except for sub‑subdivision e. of this subdivision, in
a place of temporary or permanent residence used as the individual's home as
follows:
d. Medical supplies, other
than drugs and biologicals biologicals, and the use of medical
appliances.
e. Any of the items and
services listed in this subdivision which that are provided on an
outpatient basis under arrangements made by the home health agency at a hospital
or nursing home facility hospital, nursing home facility, or
rehabilitation center facility and the furnishing of which
involves the use of equipment of such a nature that the items and
services cannot readily be made available to the individual at home, or which
that are furnished at the facility while the individual is there to
receive any such the item or service, but not including
transportation of the individual in connection with any such the item
or service.
(13a) Hospice. Any coordinated
program of home care with provision for inpatient care for terminally ill
patients and their families. This care is provided by a medically directed
interdisciplinary team, directly or through an agreement under the direction of
an identifiable hospice administration. A hospice program of care provides
palliative and supportive medical and other health services to meet the
physical, psychological, social, spiritual, and special needs of patients and
their families, which families that are experienced during the
final stages of terminal illness and during dying and bereavement.
(13b) Hospice inpatient facility.
A freestanding licensed hospice facility or a designated inpatient unit in an
existing health service facility which that provides palliative
and supportive medical and other health services to meet the physical,
psychological, social, spiritual, and special needs of terminally ill patients
and their families in an inpatient setting. For purposes of this Article only,
a hospital which that has a contractual agreement with a licensed
hospice to provide inpatient services to a hospice patient as defined in G.S. 131E‑201(4)
G.S. 131E‑201 and provides those services in a licensed
acute care bed is not a hospice inpatient facility and is not subject to the
requirements in sub‑subdivision (5)b. of this section for hospice
inpatient beds.the services provided in this manner are not a
redistribution of health service facility bed capacity among the categories of
health service facility bed.
(13c) Hospice residential care
facility. A freestanding licensed hospice facility which that provides
palliative and supportive medical and other health services to meet the
physical, psychological, social, spiritual, and special needs of terminally ill
patients and their families in a group residential setting.
(13d) Hospital. A public or
private institution which that is primarily engaged in providing
to inpatients, by or under supervision of physicians, diagnostic services and
therapeutic services for medical diagnosis, treatment, and care of injured,
disabled, or sick persons, or rehabilitation services for the rehabilitation of
injured, disabled, or sick persons. The term includes all facilities licensed
pursuant to G.S. 131E‑77, except long‑term care hospitals.
(14a) Intermediate care facility
for individuals with intellectual disabilities. Facilities licensed pursuant
to Article 2 of Chapter 122C of the General Statutes for the purpose of
providing health and habilitative services based on the developmental model and
principles of normalization for individuals with intellectual disabilities,
autism, cerebral palsy, epilepsy epilepsy, or related conditions.
(14e) Kidney disease treatment
center. A facility that is certified as an end‑stage renal disease
facility by the Centers for Medicare and Medicaid Services, Services of
the United States Department of Health and Human Services, Services
pursuant to 42 C.F.R. § 405.
(14f) "Legacy Medical
Care Facility" means a Legacy Medical Care Facility. A facility
that meets all of the following requirements:
a. Is not presently operating.
b. Has not continuously operated for at least the past six months.
c. Within the last 24 months:months,
both of the following:
1. Was operated by a person
holding a license under G.S. 131E‑77; andG.S. 131E‑77.
(14k) Long‑term care
hospital. A hospital that has been classified and designated as a long‑term
care hospital by the Centers for Medicare and Medicaid Services, Services
of the United States Department of Health and Human Services, Services
pursuant to 42 C.F.R. § 412.
(14n) Main campus. All Both
of the following for the purposes of G.S. 131E‑184(f) and (g)
only:
(14o) (Effective until
November 21, 2026 see note) Major medical equipment. A single unit or
single system of components with related functions which that is
used to provide medical and other health services and which that costs
more than two million dollars ($2,000,000). In determining whether the major
medical equipment costs more than two million dollars ($2,000,000), the costs
of the equipment, studies, surveys, designs, plans, working drawings,
specifications, construction, installation, and other activities essential to
acquiring and making operational the major medical equipment shall be is
included. The capital expenditure for the equipment shall be is deemed
to be the fair market value of the equipment or the cost of the equipment,
whichever is greater. Major medical equipment This term does not
include replacement equipment as defined in this section. Beginning
September 30, 2022, and on equipment. On September 30 of each
year thereafter, year, the cost threshold amount in this
subdivision shall be adjusted using the Medical Care Index component of the
Consumer Price Index published by the U.S. Department of Labor for the 12‑month
period preceding the previous September 1.
(15b) Neonatal intensive care
services. Those services provided by a health service facility to high‑risk
newborn infants who require constant nursing care, including but not limited to
to, continuous cardiopulmonary and other supportive care.
(16) New institutional health services. Any of the following:
b. (Effective until
November 21, 2025 see note) Except as otherwise provided in
G.S. 131E‑184(e), the obligation by any a person of a
capital expenditure exceeding four million dollars ($4,000,000) to develop or
expand a health service or a health service facility, or which that relates
to the provision of a health service. The cost of any studies, surveys,
designs, plans, working drawings, specifications, and other activities,
including staff effort and consulting and staff effort, consulting,
and other services, essential to the acquisition, improvement, expansion,
or replacement of any a plant or equipment with respect to which
an expenditure is made shall be is included in determining if the
expenditure exceeds four million dollars ($4,000,000). Beginning September
30, 2022, and on On September 30 of each year thereafter, year,
the amount in this sub‑subdivision shall be adjusted using the
Medical Care Index component of the Consumer Price Index published by the U.S. Department
of Labor for the 12‑month period preceding the previous September 1.
c. Any A change
in bed capacity.
e. A change in a project
that was subject to certificate of need review and for which a certificate of
need was issued, if the change is proposed during the development of the
project or within one year after the project was completed. For purposes of
this subdivision, a change in a project is a change of more than fifteen
percent (15%) of the approved capital expenditure amount or the addition of a
health service that is to be located in the facility, or portion thereof, of
the facility, that was constructed or developed in the project.
f. The development or
offering of a health service as listed in this subdivision any of the
following health services by or on behalf of any a person:
f1. The acquisition by
purchase, donation, lease, transfer, or comparable arrangement of any of the
following equipment by or on behalf of any a person:
l. The purchase, lease, or acquisition of any a
health service facility, or portion thereof, of a health service
facility, or a controlling interest in the health service facility or
portion thereof, of the health service facility, if the health
service facility was developed under a certificate of need issued pursuant to
G.S. 131E‑180.
m. Any A conversion
of nonhealth service facility beds to health service facility beds.
n. The construction, development
development, or other establishment of a hospice, hospice inpatient
facility, or hospice residential care facility;facility.
o. The opening of an
additional office by an existing home health agency or hospice within its
service area as defined by rules adopted by the Department; or the opening of any
an office by an existing home health agency or hospice outside its
service area as defined by rules adopted by the Department.
p. The acquisition by
purchase, donation, lease, transfer, or comparable arrangement by any a
person of major medical equipment.
s. The furnishing of mobile
medical equipment to any a person to provide health services in
North Carolina, which Carolina that was not in use in North
Carolina prior to the adoption of this provision, March 18, 1993, if
the equipment would otherwise be subject to review in accordance with sub‑subdivision
f1. of this subdivision or sub‑subdivision p. of this subdivision if it
had been acquired in North Carolina.
t. Repealed by Session Laws 2001‑242, s. 4, effective June 23, 2001.
u. The construction,
development, establishment, increase in the number, or relocation of an
operating room or gastrointestinal endoscopy room in a licensed health service
facility, other than the relocation of an operating room or gastrointestinal
endoscopy room within the same building or on the same grounds or to grounds
not separated by more than a public right‑of‑way adjacent to the
grounds where the operating room or gastrointestinal endoscopy room is
currently located.
(17a) Nursing care. Any of the following:
c. Health‑related care
and services provided on a regular basis to individuals who who, because
of their mental or physical condition condition, require care and
services above the level of room and board, which board that can
be made available to them only through institutional facilities.
These are
services which that are not primarily for the care and treatment
of mental diseases.
(20) Project or capital
expenditure project. A proposal to undertake a capital expenditure that
results in the offering of a new institutional health service. A project, or
capital expenditure project, or proposed project may refer to the project from
its earliest planning stages up through the point at which the specified new
institutional health service may be offered. In the case of facility
construction, the point at which the new institutional health service may be
offered must shall take place after the facility is capable of
being fully licensed and operated for its intended use, and at that time it
shall be considered a health service facility.
(21) Psychiatric facility. A
public or private facility licensed pursuant to Article 2 of Chapter 122C of
the General Statutes and which that is primarily engaged in
providing to inpatients, by or under the supervision of a physician,
psychiatric services for the diagnosis and treatment of individuals with mental
illnesses.
(22) Rehabilitation facility.
A public or private inpatient facility which that is operated for
the primary purpose of assisting in the rehabilitation of individuals with
disabilities through an integrated program of medical and other services which
are provided under competent, professional supervision.
(22a) Replacement equipment.
Equipment that costs less than three million dollars ($3,000,000) and is
purchased for the sole purpose of replacing comparable medical equipment
currently in use which that will be sold or otherwise disposed of
when replaced. In determining whether the replacement equipment costs less than
three million dollars ($3,000,000) ($3,000,000), the costs of
equipment, studies, surveys, designs, plans, working drawings, specifications,
construction, installation, and other activities essential to acquiring and
making operational the replacement equipment shall be is included.
The capital expenditure for the equipment shall be is deemed to
be the fair market value of the equipment or the cost of the equipment,
whichever is greater. Beginning September 30, 2023, and on On September
30 of each year thereafter, year, the cost threshold
amount in this subdivision shall be adjusted using the Medical Care Index
component of the Consumer Price Index published by the U.S. Department of Labor
for the 12‑month period preceding the previous September 1.
(24a) Service area. The area of
the State, as defined in the State Medical Facilities Plan or in rules adopted
by the Department, which that receives services from a health
service facility.
(25) State Medical Facilities
Plan. The plan prepared in accordance with G.S. 131E‑176.2 by
the Department of Health and Human Services and the North Carolina State Health
Coordinating Council, Council and approved by the Governor. In
preparing the Plan, the Department and the State Health Coordinating Council
shall maintain a mailing list of persons who have requested notice of public
hearings regarding the Plan. Not less than 15 days prior to a scheduled public
hearing, the Department shall notify persons on its mailing list of the date,
time, and location of the hearing. The Department shall hold at least one
public hearing prior to the adoption of the proposed Plan and at least six
public hearings after the adoption of the proposed Plan by the State Health
Coordinating Council. The Council shall accept oral and written comments from
the public concerning the Plan.
."
SECTION 11.2.(b) Article 9 of Chapter 131E of the General Statutes is amended by adding a new section to read:
"§ 131E‑176.2. State Medical Facilities Plan.
The Department of Health and Human Services and the North Carolina State Health Coordinating Council shall prepare and present to the Governor for approval the State Medical Facilities Plan. In preparing the Plan, the Department and the State Health Coordinating Council shall maintain a mailing list of persons that have requested notice of public hearings regarding the Plan. Not less than 15 days prior to a scheduled public hearing, the Department shall notify persons on its mailing list of the date, time, and location of the hearing. The Department shall hold at least one public hearing prior to the adoption of the proposed Plan and at least six public hearings after the adoption of the proposed Plan by the State Health Coordinating Council. The Council shall accept oral and written comments from the public concerning the Plan."
SECTION 11.2.(c) G.S. 131E‑177 reads as rewritten:
"§ 131E‑177. Department of Health and Human Services is designated State Health Planning and Development Agency; powers and duties.
The Department of Health and Human
Services is designated as the State Health Planning and Development Agency for
the State of North Carolina, Carolina and is empowered to
exercise has all of the following powers and duties:
(1) To establish Establish
standards and criteria or plans required to carry out the provisions and
purposes of this Article and to adopt rules pursuant to Chapter 150B of the
General Statutes, Statutes to carry out the purposes and
provisions of this Article;Article.
(2) Adopt, amend, and repeal such
rules and regulations, consistent with the laws of this State, rules, as
may be required by the federal government for grants‑in‑aid for
health service facilities and health planning which that may be
made available by the federal government. This section shall be liberally
construed in order that the State and its citizens may benefit from such
grants‑in‑aid;these grants‑in‑aid.
(3) Define, by rule,
procedures for submission of periodic reports by persons or health service
facilities subject to agency review under this Article;Article.
(4) Develop policy, criteria,
and standards for health service facilities planning; shall planning.
The Department shall conduct statewide registration and inventories of and
make determinations of need for health service facilities, health services as
specified in G.S. 131E‑176(16)f., and equipment as specified in
G.S. 131E‑176(16)f1., which shall include including consideration
of adequate geographic location of equipment and services; and develop a State
Medical Facilities Plan;Plan.
(5) Implement, by rule,
criteria for project review;review.
(6) Have the power to grant,
Grant, deny, or withdraw a certificate of need and to impose such
sanctions as are provided for by this Article;Article.
(7) Solicit, accept, hold hold,
and administer on behalf of the State any grants or devises of money, securities
securities, or property to the Department for use by the Department
in the administration of this Article; andArticle.
(8) Repealed by Session Laws 1987, c. 511, s. 1.
(9) Collect fees for submitting applications for certificates of need.
(10) The authority to review
Review all records in any recording medium of any person or health
service facility subject to agency review under this Article which that
pertain to construction and acquisition activities, staffing staffing,
or costs and charges for patient care, including but not limited to,
construction contracts, architectural contracts, consultant contracts, purchase
orders, cancelled checks, accounting and financial records, debt instruments,
loan and security agreements, staffing records, utilization statistics statistics,
and any other records the Department deems to be reasonably
necessary to determine compliance with this Article.
The Secretary of Health and Human
Services shall have has final decision‑making authority
with regard to all functions described in this section."
SECTION 11.3.(a) G.S. 131E‑176(7a), as amended by Section 11.2 of this act, reads as rewritten:
"(7a) (Effective November
21, 2026 see note) Diagnostic center. A freestanding facility, program,
or provider, including but not limited to, physicians' offices, clinical
laboratories, radiology centers, and mobile diagnostic programs, in which the
total cost of all the medical diagnostic equipment utilized by the facility
that costs ten thousand dollars ($10,000) or more exceeds three million dollars
($3,000,000). No facility, program, or provider, including, including
but not limited to, physicians' offices, clinical laboratories, radiology
centers, or mobile diagnostic programs, shall be deemed a diagnostic center
solely by virtue of having a magnetic resonance imaging scanner in a county
with a population of greater than 125,000 according to the 2020 federal
decennial census or any subsequent federal decennial census. In determining
whether the medical diagnostic equipment in a diagnostic center costs more than
three million dollars ($3,000,000), the costs of the equipment, studies,
surveys, designs, plans, working drawings, specifications, construction,
installation, and other activities essential to acquiring and making
operational the equipment shall be included. The capital expenditure for the
equipment is deemed to be the fair market value of the equipment or the cost of
the equipment, whichever is greater. On September 30 of each year, the cost
threshold amount in this subdivision shall be adjusted using the Medical Care
Index component of the Consumer Price Index published by the U.S. Department of
Labor for the 12month period preceding the previous September 1."
SECTION 11.3.(b) G.S. 131E‑176(14o), as amended by Section 11.2 of this act, reads as rewritten:
"(14o) (Effective November
21, 2026 see note) Major medical equipment. A single unit or single
system of components with related functions that is used to provide medical and
other health services and that costs more than two million dollars
($2,000,000). In determining whether the major medical equipment costs more
than two million dollars ($2,000,000), the costs of the equipment, studies,
surveys, designs, plans, working drawings, specifications, construction,
installation, and other activities essential to acquiring and making
operational the major medical equipment is included. The capital expenditure
for the equipment is deemed to be the fair market value of the equipment or the
cost of the equipment, whichever is greater. This term does not include
replacement equipment. equipment or magnetic resonance imaging
scanners in counties with a population greater than 125,000 according to the
2020 federal decennial census or any subsequent federal decennial census. On
September 30 of each year, the cost threshold amount in this subdivision shall
be adjusted using the Medical Care Index component of the Consumer Price Index
published by the U.S. Department of Labor for the 12‑month period preceding
the previous September 1."
SECTION 11.3.(c) G.S. 131E‑176(16)f1.7., as amended by Section 11.2 of this act, reads as rewritten:
"7. (Effective
November 21, 2026 see note) Magnetic resonance imaging scanner. This sub‑sub‑subdivision
applies only to counties with a population of 125,000 or less fewer according
to the 2020 federal decennial census or any subsequent federal decennial
census."
SECTION 11.3.(d) This section becomes effective November 21, 2026.
SECTION 11.4.(a) G.S. 131E‑176(9b), as amended by Section 11.2 of this act, reads as rewritten:
"(9b) (Effective November
21, 2025 see note) Health service facility. A hospital; long‑term
care hospital; rehabilitation facility; nursing home facility; adult care home;
kidney disease treatment center, including freestanding hemodialysis units;
intermediate care facility for individuals with intellectual disabilities; home
health agency office; diagnostic center; hospice office, hospice inpatient
facility, or hospice residential care facility; or ambulatory surgical
facility. The term "health service facility" This term does
not include a qualified urban ambulatory surgical facility."
SECTION 11.4.(b) This section becomes effective November 21, 2025.
SECTION 12. G.S. 150B‑1 reads as rewritten:
"§ 150B‑1. Policy and scope.
(a) Purpose. This Chapter
establishes a uniform system of administrative rule making rulemaking
and adjudicatory procedures for agencies. The procedures ensure that the
functions of rule making, rulemaking, investigation, advocacy,
and adjudication are not all performed by the same person in the administrative
process.
(b) Rights. This Chapter confers procedural rights.
(c) Full Exemptions. This
Chapter applies to every agency except:except the following:
(d) Exemptions from Rule
Making. Rulemaking. Article 2A of this Chapter does not apply to
the following:
(1) The Commission.
(2) Repealed by Session Laws 2000‑189, s. 14, effective July 1, 2000.
(3) Repealed by Session Laws 2001‑474, s. 34, effective November 29, 2001.
(4) The Department of
Revenue, with respect to the notice and hearing requirements contained in Part
2 of Article 2A. 2A of this Chapter. With respect to the
Secretary of Revenue's authority to redetermine the State net taxable income of
a corporation under G.S. 105‑130.5A, the Department is subject to
the rule‑making rulemaking requirements of G.S. 105‑262.1.
(5) The North Carolina Global TransPark Authority with respect to the acquisition, construction, operation, or use, including fees or charges, of any portion of a cargo airport complex.
(6) The Department of Public
Safety, Adult Correction, with respect to matters relating to
executions under Article 19 of Chapter 15 of the General Statutes and matters
relating solely to persons in its custody or under its supervision, including
prisoners, probationers, and parolees.
(26) The Board of Agriculture in the Department of Agriculture and Consumer Services with respect to the following:
a. Annual admission fees for the State Fair.
b. Operating hours, admission fees, or related activity fees at State forests.
The Board shall annually post the admission fee and
operating hours schedule on its Web site website and provide
notice of the schedule, along with a citation to this section, to all persons
named on the mailing list maintained pursuant to G.S. 150B‑21.2(d).
c. Fee schedules for the preparation of forest management plans developed pursuant to G.S. 106‑1004.
d. Fees for State phytosanitary certificates.
(27) The Department of Natural
and Cultural Resources with respect to operating hours, admission fees, or
related activity fees at:at the following:
a. The North Carolina Zoological Park pursuant to G.S. 143B‑135.205.
b. State parks pursuant to G.S. 143B‑135.16.
c. The North Carolina Aquariums pursuant to G.S. 143B‑135.188.
d. The North Carolina Museum of Natural Sciences.
The exclusion from rule making rulemaking for
the setting of operating hours set forth in this subdivision (i) shall does
not apply to a decision to eliminate all public operating hours for the
sites and facilities listed and (ii) does not authorize any of the sites and
facilities listed in this subdivision that do not currently charge an admission
fee to charge an admission fee until authorized by an act of the General
Assembly.
(e) Exemptions From Contested Case Provisions. The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following:
(5) Hearings required
pursuant to the Rehabilitation Act of 1973, (Public Law 93‑122), as
amended and federal regulations promulgated thereunder. adopted under
it. G.S. 150B‑51(a) is considered a contested case hearing
provision that does not apply to these hearings.
(22) The Department of Public Safety, with respect to
matters relating to executions under Article 19 of Chapter 15 of the General
Statutes.
."
SECTION 13.(a) Section 4C.11(c) of S.L. 2024‑53 reads as rewritten:
"SECTION 4C.11.(c) No
later than November 15, 2024, the Department of Environmental Quality shall
prepare and submit to the United States National Oceanic and Atmospheric
Administration for approval by that agency the proposed change made to
G.S. 113A‑118, as enacted by subsection (b) of this section. The
Department of Environmental Quality shall report to the Environmental Review
Commission on the status of their activities pursuant to this section
quarterly, beginning January 1, 2025, until such time as the General Assembly
repeals this reporting requirement."
SECTION 13.(b) Section 4C.12(c) of S.L. 2024‑53 reads as rewritten:
"SECTION 4C.12.(c) No
later than November 15, 2024, the Department of Environmental Quality shall
prepare and submit to the United States National Oceanic and Atmospheric
Administration for approval by that agency the proposed change made to
G.S. 113A‑115.1, as enacted by subsection (b) of this section. The
Department of Environmental Quality shall report to the Environmental Review
Commission on the status of their activities pursuant to this section
quarterly, beginning January 1, 2025, until such time as the General Assembly
repeals this reporting requirement."
SECTION 13.(c) This section is retroactively effective October 25, 2024.
SECTION 14. Section 4 of Chapter 601 of the 1983 Session Laws reads as rewritten:
"Sec. 4. This act shall become
effective July 1, 1983, and shall be reconsidered on or before July 1, 1989,
and every six years thereafter, by the Joint Legislative Commission on
Governmental Operations.1983."
SECTION 15. Except as otherwise provided, this act is effective when it becomes law.