H.B. 1072
GENERAL ASSEMBLY OF NORTH CAROLINA
May 14, 2020
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10764-MUz-41
Short Title: GSC Technical Corrections 2020. (Public)
Sponsors: Representative Davis.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND
3 SESSION LAWS AND TO PROVIDE THAT THE REGISTER OF DEEDS DOES NOT
4 NEED TO VERIFY THE CAPACITY OR AUTHORITY OF THE PERSON LISTED AS
5 THE DRAFTER OF A DEED OR DEED OF TRUST, AS RECOMMENDED BY THE
6 GENERAL STATUTES COMMISSION.
7 The General Assembly of North Carolina enacts:
8 SECTION 1. G.S. 28A-2-6(h) reads as rewritten:
9 "(h) Notice of Transfer. – A notice to transfer an estate proceeding brought pursuant to
10 G.S. 28A-2-4(a)(4) must be served within 30 days after the moving party is served with a copy
11 of the pleading requesting relief pursuant to G.S. 28A-2-4(a)(4), or in the case of the clerk of
12 superior court, prior to or at the first hearing duly noticed in such the estate proceeding and prior
13 to the presentation of evidence by the parties, including a hearing at which an order of
14 continuance is entered. Failure to timely serve a notice of transfer of a trust an estate proceeding
15 is a waiver of any objection to the clerk of superior court's exercise of jurisdiction over the trust
16 estate proceeding then pending before the clerk. When a notice of transfer is duly served and
17 filed, the clerk shall transfer the proceeding to the appropriate court. The proceeding after the
18 transfer is subject to the provisions of the General Statutes and to the rules that apply to actions
19 initially filed in the court to which the proceeding was transferred."
20 SECTION 2. G.S. 36C-8B-13(b) reads as rewritten:
21 "(b) A special-needs fiduciary may exercise the decanting power provided in
22 G.S. 36C-8B-11 over the principal of a first trust as if the fiduciary had authority to distribute
23 principal to a beneficiary with a disability subject to expanded distributive discretion if both of
24 the following conditions are satisfied:
25 (1) A second trust is a special-needs trust that benefits the beneficiary with a
26 disability.
27 (2) The special-needs fiduciary determines that exercise of the decanting power
28 will further the purposes of the first trust."
29 SECTION 3.(a) The heading of Article 49 of Chapter 58 of the General Statutes
30 reads as rewritten:
31 "Article 49.
32 "Determination of Jurisdiction Over Providers of Health Care Benefits; Regulation of Multiple
33 Employer Welfare Arrangements.Benefits."
34 SECTION 3.(b) G.S. 58-50-40(a)(1) reads as rewritten:
35 "(1) "Group health insurance" means any policy described in G.S. 58-51-75,
36 58-51-80, or 58-51-90; any group insurance certificate or group subscriber
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 General Assembly Of North Carolina Session 2019
1 contract issued by a service corporation pursuant to Articles 65 and 66 of this
2 Chapter; any health care plan provided or arranged by a health maintenance
3 organization pursuant to Article 67 of this Chapter; or any multiple employer
4 welfare arrangement as defined in G.S. 58-50A-60(a)
5 [58-50A-1].G.S. 58-50A-1."
6 SECTION 3.(c) G.S. 58-50-61(a)(10) reads as rewritten:
7 "(10) "Insurer" means an entity that writes a health benefit plan and that is an
8 insurance company subject to this Chapter, a service corporation under Article
9 65 of this Chapter, a health maintenance organization under Article 67 of this
10 Chapter, or a multiple employer welfare arrangement under Article 49 Article
11 50A of this Chapter."
12 SECTION 3.(d) G.S. 58-50-115(c) reads as rewritten:
13 "(c) A health benefit plan is not subject to this Act if it provides health benefits for
14 employers who are employer members of a Path 2 MEWA pursuant [to] to Article 50A of this
15 Chapter through a policy issued to the Path 2 MEWA."
16 SECTION 3.(e) G.S. 58-50A-60 reads as rewritten:
17 "§ 58-50A-60. Multiple employer welfare arrangements; definition; administrators.
18 (a) Repealed by Session Laws 2019-202, s. 3(a), effective October 1, 2019, and
19 applicable to contracts entered into, amended, or renewed on or after January 1, 2020.
20 (b) Each insurer licensed to do business in this State that administers a MEWA shall, at
21 the request of the Commissioner, provide the Commissioner with such information regarding the
22 insurer's administrative services contract or contracts with such MEWA or MEWAs that the
23 Commissioner requires. No unlicensed insurer shall administer any MEWA."
24 SECTION 3.(f) G.S. 58-51-55(d) reads as rewritten:
25 "(d) Applicability. – This section applies only to group health insurance contracts, other
26 than excepted benefits as defined in G.S. 58-68-25. For purposes of this section, "group health
27 insurance contracts" include MEWAs, as defined in G.S. 58-50A-60(a)
28 [G.S. 58-50A-1].G.S. 58-50A-1."
29 SECTION 3.(g) G.S. 58-65-90(d) reads as rewritten:
30 "(d) Applicability. – This section applies only to group health insurance contracts, other
31 than excepted benefits as defined in G.S. 58-68-25. For purposes of this section, "group health
32 insurance contracts" include MEWAs, as defined in G.S. 58-50A-60(a)
33 [G.S. 58-50A-1].G.S. 58-50A-1."
34 SECTION 3.(h) G.S. 58-67-75(d) reads as rewritten:
35 "(d) Applicability. – This section applies only to group contracts, other than excepted
36 benefits as defined in G.S. 58-68-25. For purposes of this section, "group health insurance
37 contracts" include MEWAs, as defined in G.S. 58-50A-60(a) [G.S. 58-50A-1].G.S. 58-50A-1."
38 SECTION 4. G.S. 75A-5 reads as rewritten:
39 "§ 75A-5. Application for certificate of number; fees; reciprocity; change of ownership;
40 conformity with federal regulations; records; award of certificates; renewal of
41 certificates; transfer of partial interest; destroyed or junked vessels;
42 abandonment; change of address; duplicate certificates; display.
43 (a) Application for Certificate of Number. – The owner of each vessel requiring
44 numbering by this State shall file an application for a certificate of number with the Commission.
45 The Commission shall furnish application forms and shall prescribe the information contained in
46 the application form. The application shall be signed by the owner of the vessel or the owner's
47 agent and shall be accompanied by a fee, as set out in subsection (a1) of this section. The fee
48 does not apply to vessels owned and operated by nonprofit rescue squads if they are operated
49 exclusively for rescue purposes, including rescue training. The owner shall have the option of
50 selecting a one-year numbering period or a three-year numbering period. Upon receipt of the
51 application in approved form, the Commission shall enter the application in its records and issue
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1 the owner a certificate of number stating the identification number awarded to the vessel and the
2 name and address of the owner, and a validation decal indicating the expiration date of the
3 certificate of number. The owner shall paint on or attach to each side of the bow of the vessel the
4 identification number and validation decals in such manner as may be prescribed by rules of the
5 Commission in order that it may be clearly visible. The identification number shall be maintained
6 in legible condition. The certificate of number shall be pocket size and shall be available for
7 inspection on the vessel for which the certificate is issued at all times the vessel is in operation.
8 Any person charged with failing to so carry a certificate of number shall not be convicted if the
9 person produces in court a certificate of number previously issued to the owner that was valid at
10 the time of the alleged violation.
11 (a1) Fees. – The fees for certificates of number are as set out in this subsection:
12 (1) The fee for a certificate of number for a one-year period is:
13 a. Thirty dollars ($30.00) for a vessel that is less than 26 feet in length.
14 b. Fifty dollars ($50.00) for a vessel that is 26 feet or more in length.
15 (2) The fee for a certificate of number for a three-year period is:
16 a. Ninety dollars ($90.00) for a vessel that is less than 26 feet in length.
17 b. One hundred fifty dollars ($150.00) for a vessel that is 26 feet or more
18 in length.
19 …
20 (c) Change of Ownership. – Should the ownership of a vessel change, a new application
21 form with a fee in the amount set in subsection (a) subsection (a1) of this section shall be filed
22 with the Commission and a new certificate bearing the same identification number shall be
23 awarded to the new owner in the same manner as an original certificate of number. Possession
24 of the certificate shall in cases involving prosecution for violation of any provision of this Chapter
25 be prima facie evidence that the person whose name appears on the certificate is the owner of the
26 vessel referred to on the certificate.
27 …
28 (f) Records. – All records of the Commission made or kept pursuant to this section shall
29 be are public records.
30 …
31 (h) Renewal of Certificates. – An owner of a vessel awarded a certificate of number
32 pursuant to this Chapter shall renew the certificate on or before the first day of the month after
33 which the certificate expires; otherwise, the certificate shall lapse and be void until such time as
34 it may thereafter be renewed. Application for renewal shall be submitted on a form approved by
35 the Commission and shall be accompanied by a fee in the amount set in subsection (a1) of this
36 section.
37 …."
38 SECTION 5. G.S. 136-44.2E(e), as enacted by Section 1.3(b) of S.L. 2019-251,
39 reads as rewritten:
40 "(e) Evaluation of Emergency Reserve. – No later than February 1 of the first year of the
41 2021-2023 fiscal biennium, and biennially thereafter, the Department of the Transportation shall
42 submit a report on the Emergency Reserve to the House of Representatives Appropriations
43 Committee on Transportation, the Senate Appropriations Committee on the Department of
44 Transportation, and the Fiscal Research Division. The report shall contain the results of an
45 evaluation of the Emergency Reserve, based on a methodology developed jointly by the Office
46 of State Budget and Management and the Department of Transportation, to determine the
47 minimum amount of funds needed in the Emergency Reserve."
48 SECTION 6.(a) Section 4.1 of S.L. 2018-80 reads as rewritten:
49 "SECTION 4.1. Sections 1.2 and 1.3 of this act become effective October 1, 2018, and apply
50 to instruments presented for registration on or after that date. Section 2.1 of this act becomes
51 effective July 1, 2020, and applies to deeds and deeds of trust presented for registration on or
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1 after that date. Section 2.2 of this act becomes effective July 1, 2020, and applies to all
2 instruments entered into on or after that date. Section 3.1 of this act becomes effective October
3 1, 2018. The remainder of this act is effective when this act becomes law and applies to mortgages
4 and deeds of trust entered into before, on, or after that date."
5 SECTION 6.(b) G.S. 47-17.1 reads as rewritten:
6 "§ 47-17.1. Documents registered or ordered to be registered in certain counties to
7 designate draftsman; exceptions.
8 The register of deeds of any county in North Carolina shall not accept for registration, nor
9 shall any judge order registration pursuant to G.S. 47-14, of any deeds or deeds of trust, executed
10 after January 1, 1980, unless the first page of the deeds or deeds of trust bears an entry showing
11 the name of either the person or law firm who drafted the instrument. This section shall not apply
12 to other instruments presented for registration. For the purposes of this section, the register of
13 deeds shall accept the written representation of the individual presenting the deed or deed of trust
14 for registration, or any individual reasonably related to the transaction, including, but not limited
15 to, any employee of a title insurance company or agency purporting to be involved with the
16 transaction, that the individual or law firm listed on the first page is a validly licensed attorney
17 or validly existing law firm in this State or another jurisdiction within the United States.the drafter
18 of the deed or deed of trust. The register of deeds shall not be required to verify or make inquiry
19 concerning the capacity or authority of the person or entity shown as the drafter on the
20 instrument."
21 SECTION 7. S.L. 2019-113 is amended by adding a new section to read:
22 "SECTION 6.1. The Revisor of Statutes shall cause to be printed, as annotations to the
23 published General Statutes, all explanatory comments of the drafters of Sections 5 and 6 of this
24 act as the Revisor may deem appropriate."
25 SECTION 8.(a) Section 4(c) of S.L. 2019-158 is repealed.
26 SECTION 8.(b) G.S. 15A-151.5(a) reads as rewritten:
27 "(a) Notwithstanding any other provision of this Article, the Administrative Office of the
28 Courts shall make all confidential files maintained under G.S. 15A-151 electronically available
29 to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under
30 any of the following:
31 …
32 (7a) G.S. 15A-145.9. Expunction of records of certain offenses committed by
33 human trafficking victims.
34 …."
35 SECTION 8.(c) This section is retroactively effective December 1, 2019.
36 SECTION 9.(a) The introductory language of Section 3(e) of S.L. 2019-176 reads
37 as rewritten:
38 "SECTION 3.(e) G.S. 147-69.2(15) is amended by adding a new subdivision to read:reads
39 as rewritten:"
40 SECTION 9.(b) G.S. 147-69.2(a)(15a) is repealed.
41 SECTION 9.(c) This section becomes effective July 1, 2020.
42 SECTION 10. Except as otherwise provided, this act is effective when it becomes
43 law.
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Statutes affected:
Filed: 75A-5, 47-17.1, 15A-151.5, 147-69.2
Edition 1: 75A-5, 47-17.1, 15A-151.5, 147-69.2