SB 582 — Budget & Agency Technical Corrections.

(1)(5) On-Premises"Sexually Maltviolent Beverageoffense" Permit.means a violation of former G.S.

–14-27.6 An(attempted on-premisesrape malt beverage permit authorizes (i) the retail sale of malt beverages for consumption on the premises, (ii) the retail sale of malt beverages in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of malt beverages in a cleaned, sanitized, resealable container that is filled or refilledsexual andoffense), sealedG.S. for consumption off the premises and that identifies the permittee and the date the container was filled or refilled.

It14-27.21 also(first-degree authorizesforcible therape), holderG.S. of the permit to ship malt beverages in closed containers to individual purchasers inside and outside the State.

The14-27.22 permit(second-degree mayforcible berape), issuedG.S. for any of the following:

14-27.23 (statutory rape of a child by an adult), G.S.

14-27.24 (first-degree statutory rape), G.S.

14-27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), G.S.

14-27.26 (first-degree forcible sexual offense), G.S.

14-27.27 (second-degree forcible sexual offense), G.S.

14-27.28 (statutory sexual offense with a child by an adult), G.S.

14-27.29 (first-degree statutory sexual offense), G.S.

14-27.30(a) (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S.

14-27.31 (sexual activity by a substitute parent or custodian), G.S.

14-27.32 (sexual activity with a student), G.S.

14-27.33 (sexual battery), G.S.

14-43.11 (human trafficking) if (i) the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against any person with the intent that they be held in sexual servitude, G.S.

14-43.13 (subjecting or maintaining a person for sexual servitude), G.S.

14-178 (incest between near relatives), G.S.

14-190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S.

14-190.9(a1) (felonious indecent exposure), G.S.

14-190.16 (first degree sexual exploitation of a minor), G.S.

14-190.17 (second degree sexual exploitation of a minor), G.S.

14-190.17A (third degree sexual exploitation of a minor), G.S.

14-202.1 (taking indecent liberties with children), G.S.

14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S.

14-202.4(a) (taking indecent liberties with a student), G.S.

14-205.2(c) or (d) (patronizing a prostitute who is a minor or a mentally disabled person), G.S.

14-205.3(b) (promoting prostitution of a minor or a mentally disabled person), G.S.

14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S.

14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian).

The term also includes the following:

a solicitation or conspiracy to commit any of these offenses;

aiding and abetting any of these offenses.

...." Page 2 Senate Bill 582*-First Edition General Assembly Of North Carolina Session 2017 SECTION 6.

G.S.

20-45 reads as rewritten:

"§ 20-45.

Seizure of documents and plates.

(a) The Division is hereby authorized to take possession of any certificate of title, registration card, permit, license, or registration plate issued by it upon expiration, revocation, cancellation, or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued, or which has been unlawfully used.

(b) The Division may give notice to the owner, licensee or lessee of its authority to take possession of any certificate of title, registration card, permit, license, or registration plate issued by it and require that person to surrender it to the Commissioner or his the Commissioner's officers or agents.

Any person who fails to surrender the certificate of title, registration card, permit, license, or registration plate or any duplicate thereof, upon personal service of notice or within 10 days after receipt of notice by mail as provided in G.S.

20-48, shall be guilty of a Class 2 misdemeanor.

(c) Any sworn law enforcement officer with jurisdiction, including a member of the State Highway Patrol, is authorized to seize the certificate of title, registration card, permit, license, or registration plate, if the officer has electronic or other notification from the Division that the item has been revoked or cancelled, or otherwise has probable cause to believe that the item has been revoked or cancelled under any law or statute, including G.S.

20-309(e).

G.S.

20-311.

If a criminal proceeding relating to a certificate of title, registration card, permit, or license is pending, the law enforcement officer in possession of that item shall retain the item pending the entry of a final judgment by a court with jurisdiction.

If there is no criminal proceeding pending, the law enforcement officer shall deliver the item to the Division.

(d) Any law enforcement officer who seizes a registration plate pursuant to this section shall report the seizure to the Division within 48 hours of the seizure and shall return the registration plate, but not a fictitious registration plate, to the Division within 10 business days of the seizure." SECTION 7.

The catch line of G.S.

20-171.24 reads as rewritten:

"§ 20-171.24.

Motorized all-terrain vehicle use by municipal and county employees of listed municipalities and counties permitted on certain highways." SECTION 8.

G.S.

24-10.1(a) reads as rewritten:

"(a) Subject to the limitations contained in subsection (b) of this section, any lender may charge a party to a loan or extension of credit governed by the provisions of G.S.

24-1.1, 24-1.2, G.S.

24-1.1 or 24-1.1A G.S.

24-1.1A a late payment charge as agreed upon by the parties in the loan contract." SECTION 9.

G.S.

28A-2-4 reads as rewritten:

"§ 28A-2-4.

Subject matter jurisdiction of the clerk of superior court in estate proceedings.

(a) The clerks of superior court of this State, as ex officio judges of probate, shall have original jurisdiction of estate proceedings.

Except as provided in subdivision (4) of this subsection, the jurisdiction of the clerk of superior court is exclusive.

Estate proceedings include, but are not limited to, the following:

(1) Probate of wills.

(2) Granting and revoking of letters testamentary and letters of administration, or other proper letters of authority for the administration of estates.

(3) Determination of the elective share for a surviving spouse as provided in G.S.

30-3.

(4) Proceedings to ascertain heirs or devisees, to approve settlement agreements pursuant to G.S.

28A-2-10, to determine questions of construction of wills, to determine priority among creditors, to determine whether a person is in possession of property belonging to an estate, to order the recovery of property of the estate in possession of third parties, and to determine the existence or nonexistence of any immunity, power, privilege, duty, or right.

Any party or the Senate Bill 582*-First Edition Page 3 General Assembly Of North Carolina Session 2017 clerk of superior court may file a notice of transfer of a proceeding pursuant to this subdivision to the Superior Court Division of the General Court of Justice as provided in G.S.

28A-2-6(h).

In the absence of a transfer to superior court, Article 26 of Chapter 1 of the General Statutes shall apply to a trust an estate proceeding pending before the clerk of superior court to the extent consistent with this Article.

(b) Nothing in this section shall affect the right of a person to file an action in the Superior Court Division of the General Court of Justice for declaratory relief under Article 26 of Chapter 1 of the General Statutes.

In the event that either the petitioner or the respondent in an estate proceeding requests declaratory relief under Article 26 of Chapter 1 of the General Statutes, either party may move for a transfer of the proceeding to the Superior Court Division of the General Court of Justice as provided in Article 21 of Chapter 7A of the General Statutes.

In the absence of a removal to superior court, Article 26 of Chapter 1 of the General Statutes shall apply to an estate proceeding to the extent consistent with this Article.

(c) Without otherwise limiting the jurisdiction of the Superior Court Division of the General Court of Justice, the clerk of superior court shall not have jurisdiction under subsection (a) or (c) (b) of this section or G.S.

28A-2-5 of the following:

(1) Actions by or against creditors or debtors of an estate, except as provided in Article 19 of this Chapter.

(2) Actions involving claims for monetary damages, including claims for breach of fiduciary duty, fraud, and negligence.

(3) Caveats, except as provided under G.S.

31-36.

(4) Proceeding to determine proper county of venue as provided in G.S.

28A-3-2.

(5) Recovery of property transferred or conveyed by a decedent with intent to hinder, delay, or defraud creditors, pursuant to G.S.

28A-15-10(b)." SECTION 10.

G.S.

28A-19-5(b) reads as rewritten:

"(b) With respect to a contingent or unliquidated claim rejected by a personal representative pursuant to G.S.

28A-19-16, the claimant may, within the three-month period prescribed by G.S.

28A-19-16, file a petition for an order of the clerk of superior court in accordance with subsection (a) of this section, provided that nothing in this section shall require the clerk of superior court to hear and determine the validity of, priority of, or amount of a contingent or unliquidated claim that has not yet become absolute." SECTION 11.

G.S.

31B-1(a) reads as rewritten:

"(a) A person who succeeds to a property interest as:

...

(8) Appointee Appointee, permissible appointee, or taker in default under a power of appointment exercised by a testamentary instrument or a nontestamentary instrument;

...

may renounce at anytime, in whole or in part, the right of succession to any property or interest therein, including a future interest, by filing a written instrument under the provisions of this Chapter.

A renunciation may be of a fractional share or any limited interest or estate.

The renunciation shall be deemed to include the entire interest of the person whose property or interest is being renounced unless otherwise specifically limited.

A person may renounce any interest in or power over property, including a power of appointment, even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to renounce.

Notwithstanding the foregoing, there shall be no right of partial renunciation if the instrument creating the interest expressly so provides." SECTION 12.

G.S.

36C-8-816.1 reads as rewritten:

"§ 36C-8-816.1.

Trustee's special power to appoint to a second trust.

(a) For purposes of this section, the following definitions apply:

Page 4 Senate Bill 582*-First Edition General Assembly Of North Carolina Session 2017 (1) Current beneficiary.

– A person who is a permissible distributee of trust income or principal.

(2) Original trust.

– A trust established under an irrevocable trust instrument pursuant to the terms of which a trustee has a discretionary power to distribute principal or income of the trust to or for the benefit of one or more current beneficiaries of the trust.

(3) Second trust.

– A trust established under an irrevocable trust instrument, the current beneficiaries of which are one or more of the current beneficiaries of the original trust.

The second trust may be a trust created under the same trust instrument as the original trust or under a different trust instrument.

(b) A trustee of an original trust may, without authorization by the court, exercise the discretionary power to distribute principal or income to or for the benefit of one or more current beneficiaries of the original trust by appointing all or part of the principal or income of the original trust subject to the power in favor of a trustee of a second trust.

The trustee of the original trust may exercise this power whether or not there is a current need to distribute principal or income under any standard provided in the terms of the original trust.

The trustee's special power to appoint trust principal or income in further trust under this section includes the power to create the second trust.

The second trust may have a duration that is longer than the duration of the first trust.

(c) The terms of the second trust shall be subject to all of the following:

(1) The beneficiaries of the second trust may include only beneficiaries of the original trust.

(2) A beneficiary who has only a future beneficial interest, vested or contingent, in the original trust cannot have the future beneficial interest accelerated to a present interest in the second trust.

(3) The terms of the second trust may not reduce any fixed income, annuity, or unitrust interest of a beneficiary in the assets of the original trust if that interest has come into effect with respect to the beneficiary.

(4) If any contribution to the original trust qualified for a marital or charitable deduction for federal income, gift, or estate tax purposes under the Internal Revenue Code, then the second trust shall not contain any provision that, if included in the original trust, would have prevented the original trust from qualifying for the deduction or that would have reduced the amount of the deduction.

(5) If contributions to the original trust have been excluded from the gift tax by the application of section 2503(b) and section 2503(c) of the Internal Revenue Code, then the second trust shall provide that the beneficiary's remainder interest in the contributions shall vest and become distributable no later than the date upon which the interest would have vested and become distributable under the terms of the original trust.

(6) If any beneficiary of the original trust has a power of withdrawal over trust property, then either:

Restaurants;The terms of the second trust must provide a power of withdrawal in the second trust identical to the power of withdrawal in the original trust;

or b.

Sufficient trust property must remain in the original trust to satisfy the outstanding power of withdrawal.

(7) If a trustee of an original trust exercises a power to distribute principal or income that is subject to an ascertainable standard by appointing property to a second trust, then the power to distribute income or principal in the second trust must be subject to the same ascertainable standard as in the original trust and must be exercisable in favor of the same current beneficiaries to whom such distribution could be made in the original trust.

Senate Bill 582*-First Edition Page 5 General Assembly Of North Carolina Session 2017 (8) The second trust may confer a power of appointment upon a beneficiary of the original trust to whom or for the benefit of whom the trustee has the power to distribute principal or income of the original trust.

The permissible appointees of the power of appointment conferred upon a beneficiary may include persons who are not beneficiaries of the original or second trust.

The power of appointment conferred upon a beneficiary shall be subject to the provisions of G.S.

41-23 specifying the permissible period allowed for the suspension of the power of alienation of the original trust and the time from which that permissible period is computed.

(9) The terms of the second trust shall not contain any provisions that would jeopardize (i) the qualification of a transfer as a direct skip under section 2642(c) of the [Internal Revenue] Internal Revenue Code, (ii) if the first trust owns subchapter S Corporation stock, the election to treat a corporation as a subchapter S Corporation under section 1362 of the Internal Revenue Code, (iii) if the first trust owns an interest in property subject to the minimum distribution rules of section 401(a)(9) of the Internal Revenue Code, a favorable distribution period by shortening the minimum distribution period, or (iv) any other specific tax benefit for which a contribution originally the first trust was clearly designed to qualify and for which the first trust qualified or would have qualified for income, gift, estate, or generation-skipping transfer tax purposes.

but for the enactment of this section.

In this subdivision, "tax benefit" means a federal or State tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for the benefit from having the settlor considered the owner under sections 671 through 679 of the Internal Revenue Code.

Subject to clause (ii) above, the second trust may be a trust as to which the settlor is not considered the owner under sections 671 through 679 of the Internal Revenue Code even if the settlor is considered the owner of the first trust, and the second trust may be a trust as to which the settlor of the first trust is considered the owner under sections 671 through 679 of the Internal Revenue Code, even if the settlor is not considered the owner of the first trust.

(10) Notwithstanding any other provision of this section, but subject to the limitations of subdivisions (1), (2), (4), (5), and (9) of this subsection, a trustee may exercise the power to appoint principal and income under subsection (b) of this section with respect to a disabled beneficiary's interest in the original trust to a second trust that is a supplemental needs trust that does not have (i) an ascertainable standard (or has a different ascertainable standard);

(ii) a fixed income, annuity, or unitrust interest in the assets of the original trust;

or (iii) a right of withdrawal, if the trustee determines that it would be in the best interest of the disabled beneficiary.

For purposes of this subsection, the following apply:

a.

A "supplemental needs trust" means a trust that is a discretionary trust under G.S.

36C-5-504 and relative to the original trust contains either lesser or greater restrictions on the trustee's power to distribute income or principal, and which the trustee believes would, if implemented, allow the disabled beneficiary to receive greater governmental benefits than the disabled beneficiary would receive if the power to appoint principal and income had not been exercised.

Hotels;"Governmental benefits" means medical assistance, financial aid, or services from any local, State, or federal agency or department.

EatingA establishments;"disabled beneficiary" means a current beneficiary of the original trust who the trustee determines has a condition that substantially Page 6 Senate Bill 582*-First Edition General Assembly Of North Carolina Session 2017 impairs the beneficiary's ability to provide for his or her own support, care, or custody whether or not the beneficiary has been adjudicated a "disabled person" by any government agency or department.

FoodThe businesses;second supplemental needs trust shall not be liable to pay or reimburse the State or any government or public agency for medical assistance, financial aid, or services provided to the disabled beneficiary except as provided in the second supplemental needs trust.

e.(d) A trustee may not exercise the power to appoint principal or income under subsection (b) of this section if the trustee is a beneficiary of the original trust, but the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

RetailIf businesses;all the trustees are beneficiaries of the original trust, then the court may appoint a special fiduciary with authority to exercise the power to appoint principal or income under subsection (b) of this section.

f.(e) The exercise of the power to appoint principal or income under subsection (b) of this section:

Private(1) clubs;Shall be considered the exercise of a power of appointment, other than a power to appoint to the trustee, the trustee's creditors, the trustee's estate, or the creditors of the trustee's estate;

g.and (2) Shall be subject to the provisions of G.S.

Convention41-23 centers;specifying the permissible period allowed for the suspension of the power of alienation of the original trust and the time from which that permissible period is computed;

h.and (3) Is not prohibited by a spendthrift provision or by a provision in the original trust instrument that prohibits amendment or revocation of the trust.

Community(f) theatres;To effect the exercise of the power to appoint principal or income under subsection (b) of this section, all of the following shall apply:

i.(1) The exercise of the power to appoint shall be made by an instrument in writing, signed and acknowledged by the trustee, setting forth the manner of the exercise of the power, including the terms of the second trust, and the effective date of the exercise of the power.

BreweriesThe asinstrument authorizedshall bybe G.S.filed with the records of the original trust.

18B-1104(7)(2) andThe (8).(8);trustee shall give written notice to all qualified beneficiaries of the original trust, at least 60 days prior to the effective date of the exercise of the power to appoint, of the trustee's intention to exercise the power.

j.The notice shall include a copy of the instrument described in subdivision (1) of this subsection.

Sports(3) andIf entertainmentall venues.qualified beneficiaries waive the notice period by a signed written instrument delivered to the trustee, the trustee's power to appoint principal or income shall be exercisable after notice is waived by all qualified beneficiaries, notwithstanding the effective date of the exercise of the power.

…(4) (3)The On-Premisestrustee's Unfortifiednotice Wineunder Permit.this subsection shall not limit the right of any beneficiary to object to the exercise of the trustee's power to appoint and bring an action for breach of trust seeking appropriate relief as provided by G.S.

–36C-10-1001. An on-premises unfortified wine permit authorizes (i) the retail sale of unfortified wine for consumption on the premises, either alone or mixed with other beverages, (ii) the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of unfortified wine dispensed from a tap connected to a pressurized container utilizing carbon dioxide or similar gas into a cleaned, sanitized, resealable container that is filled or refilled and Page 2 Senate Bill 582*-Second Edition General Assembly Of North Carolina Session 2017 sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled.

The(g) permitNothing alsoin authorizesthis thesection permitteeshall be construed to transfercreate unfortifiedor wine,imply nota moreduty thanof fourthe timestrustee perto calendarexercise year,the power to anotherdistribute on-premisesprincipal unfortifiedor wineincome, permitteeand thatno isinference underof commonimpropriety ownershipshall orbe controlmade as a result of a trustee not exercising the transferor.power to appoint principal or income conferred under subsection (b) of this section.

ExceptNothing asin authorized by this subdivision,section transfersshall ofbe wineconstrued byto on-premisesabridge unfortifiedthe wineright permittees,of purchasesany oftrustee winewho byhas a retailpower permitteeto fromappoint anotherproperty retailin permitteefurther fortrust that arises under the purposeterms of resale,the andoriginal saletrust ofor wineunder byany aother retailsection permitteeof tothis anotherChapter retailor permitteeunder foranother theprovision purpose of resalelaw areor unlawful.under common law.

In(h) addition,A trustee or beneficiary may commence a particularproceeding brandto approve or disapprove a proposed exercise of winethe maytrustee's bespecial transferredpower onlyto ifappoint bothto thea transferorsecond andtrust transfereepursuant areto locatedsubsection within(b) theof territorythis designatedsection." betweenSenate theBill winery582*-First andEdition thePage wholesaler7 onGeneral fileAssembly withOf theNorth Commission.Carolina Session 2017 SECTION 13.(a) G.S.

Prior39-33 toand orG.S. contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer.

The39-34 noticeare shallrepealed. be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred.

TheSECTION holder13.(b) ofG.S. the permit is authorized to ship unfortified wine in closed containers to individual purchasers inside and outside the State.

Orders39-35 receivedis byrecodified aas wineryG.S. by telephone, Internet, mail, facsimile, or other off-premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision.

The31D-5-505. permit may be issued for any of the following:

SECTION 13.(c) G.S.

39-36 is recodified as G.S.

31D-4-403.1.

SECTION 14.

G.S.

42A-17(a) reads as rewritten:

"(a) A vacation rental agreement shall identify the name and address of the bank or savings and loan association federally insured depository institution in which the tenant's security deposit and other advance payments are held in a trust account, and the landlord and real estate broker shall provide the tenant with an accounting of such deposit and payments if the tenant makes a reasonable request for an accounting prior to the tenant's occupancy of the property." SECTION 15.

G.S.

97-25(f) reads as rewritten:

"(f) In claims subject to G.S.

97-18(b) and (d), a party may file a motion as set forth in this subsection regarding a request for medical compensation or a dispute involving medical issues.

The nonmoving party shall have the right to contest the motion.

Motions and responses shall be submitted contemporaneously via electronic mail means to the Commission and to the opposing party or the opposing party's attorney[, as follows]:attorney, as follows:

(1) A party may file a motion with the Executive Secretary for an administrative ruling regarding a request for medical compensation or a dispute involving medical issues.

The motion shall be decided administratively pursuant to rules governing motions practices in contested cases.

The Commission shall decide the motion within 30 days of the filing of the motion unless an extension of time to respond to the motion has been granted for good cause shown.

Either party may file a motion for reconsideration of the administrative order with the Executive Secretary.

Either party may request an expedited formal hearing pursuant to G.S.

97-84 and subdivision (2) of this subsection to appeal the decision of the Executive Secretary approving or denying the original motion or the motion for reconsideration.

Within five days of the filing of a request for an expedited formal hearing pursuant to G.S.

97-84 and subdivision (2) of this subsection to appeal the decision of the Executive Secretary, the Commission shall assign a Deputy Commissioner to conduct the formal hearing.

The decision shall not be stayed during the pendency of an appeal pursuant to G.S.

97-84 and subdivision (2) of this subsection except under those circumstances set out in subdivision (4) of this subsection.

A motion to stay shall be filed with the Deputy Commissioner scheduled to conduct the formal hearing pursuant to G.S.

97-84.

Either party may appeal the decision of the Deputy Commissioner pursuant to G.S.

97-84 to the Full Commission pursuant to G.S.

97-85.

The decision of the Deputy Commissioner shall not be stayed during the pendency of an appeal except under those circumstances set out in subdivision (4) of this subsection.

A motion to stay the decision of the Deputy Commissioner pursuant to G.S.

97-84 shall be directed to the Chair of the Commission.

The Full Commission shall render a decision on the appeal of the Deputy Commissioner's decision on the motion within 60 days of the filing of the notice of appeal.

(2) In lieu of filing a motion with the Executive Secretary for an administrative ruling pursuant to subdivision (1) of this subsection, when appealing a ruling made pursuant to subdivision (1) of this subsection or when appealing an administrative ruling of the Chief Deputy or the Chief Deputy's designee on an emergency motion, a party may request a full evidentiary hearing pursuant to G.S.

97-84 on an expedited basis, limited to a request for medical compensation or a dispute involving medical issues, by filing a motion with the Office of the Chief Deputy Commissioner.

The case will not be ordered into mediation based upon a party's request for hearing on the motion or appeal under this Page 8 Senate Bill 582*-First Edition General Assembly Of North Carolina Session 2017 subdivision, except upon the consent of the parties.

The Commission shall set the date of the expedited hearing, which shall be held within 30 days of the filing of the motion or appeal and shall notify the parties of the time and place of the hearing on the motion or appeal.

Upon request, the Commission may order expedited discovery.

The record shall be closed within 60 days of the filing of the motion, or in the case of an appeal pursuant to subdivisions (1) and (3) of this subsection, within 60 days of the filing of the appeal, unless the parties agree otherwise or the Commission so orders.

Transcripts of depositions shall be expedited if necessary and paid pursuant to rules promulgated by the Commission related to depositions and shall be submitted electronically to the Commission.

The Commission shall decide the issue in dispute and make findings of fact based upon the preponderance of the evidence in view of the entire record.

The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue shall be filed with the record of the proceedings within 15 days of the close of the hearing record, and a copy of the award shall immediately be sent to the parties.

Either party may appeal the decision of the Deputy Commissioner pursuant to G.S.

97-84 to the Full Commission pursuant to G.S.

97-85.

The decision of the Deputy Commissioner pursuant to G.S.

97-84 shall not be stayed during the pendency of an appeal except under those circumstances set out in subdivision (4) of this subsection.

A motion to stay the decision of the Deputy Commissioner pursuant to G.S.

97-84 shall be directed to the Chair of the Commission.

The Full Commission shall render a decision on the appeal of the Deputy Commissioner's decision on the motion within 60 days of the filing of the notice of appeal.

(3) An emergency medical motion filed by either party shall be filed with the Office of the Chief Deputy Commissioner.

The Chief Deputy or Chief Deputy's designee shall rule on the motion within five days of receipt unless the Chief Deputy or Chief Deputy's designee determines that the motion is not an emergency, in which case the motion shall be referred to the Executive Secretary for an administrative ruling pursuant to subdivision (1) of this subsection.

Motions requesting emergency medical relief shall contain all of the following:

Restaurants;An explanation of the medical diagnosis and treatment recommendation of the health care provider that requires emergency attention.

Hotels;A specific statement detailing the time-sensitive nature of the request to include relevant dates and the potential for adverse consequences to the movant if the recommended relief is not provided emergently.

EatingAn establishments;explanation of opinions known and in the possession of the movant of additional medical or other relevant experts, independent medical examiners, and second opinion examiners.

PrivateDocumentation clubs;known and in the possession of the movant in support of the request, including relevant medical records.

ConventionA centers;representation that informal means of resolving the issue have been attempted.

f.Either party may appeal the decision of the Chief Deputy or the Chief Deputy's designee on the emergency motion by requesting an expedited formal hearing pursuant to G.S.

Cooking97-84 schools;and subdivision (2) of this subsection to appeal the administrative decision of the Chief Deputy or the Chief Deputy's designee on the emergency motion.

g.Within five days of the filing of a request for an expedited formal hearing pursuant to G.S.

Community97-84 theatres;and subdivision (2) of this Senate Bill 582*-First Edition Page 9 General Assembly Of North Carolina Session 2017 subsection, the Commission shall assign a Deputy Commissioner to conduct the formal hearing.

h.The decision of the Chief Deputy or the Chief Deputy's designee shall not be stayed during the pendency of an appeal of the administrative decision except under those circumstances set out in subdivision (4) of this subsection.

Wineries;Any motion to stay shall be filed with the Deputy Commissioner scheduled to conduct the expedited formal hearing pursuant to G.S.

i.97-84 and subdivision (2) of this subsection.

WineEither producers.producers;party may appeal the decision of the Deputy Commissioner pursuant to G.S.

j.97-84 to the Full Commission pursuant to G.S.

Sports97-85. and entertainment venues.

…If (10)so, Mixedthe Beveragesdecision Permit.of the Deputy Commissioner shall not be stayed during the pendency of an appeal except under those circumstances set out in subdivision (4) of this subsection.

–Any Amotion mixedto beveragesstay permit authorizes the retaildecision sale of mixedthe beveragesDeputy forCommissioner consumptionpursuant onto theG.S. premises.

The97-84 permitshall alsobe authorizesdirected a mixed beverages permittee (i) to obtainthe aChair purchase-transportationof permitthe underCommission. G.S.

18B-403The andFull 18B-404,Commission (ii)shall torender obtaina andecision antiqueon spirituousthe liquorappeal permit under subdivision (20) of thisthe section,Deputy andCommissioner's (iii)decision toon usethe formotion culinarywithin purposes60 spirituousdays liquorof lawfullythe purchasedfiling forof usethe innotice mixedof beverages.appeal.

(4) The permitCommission mayshall beconsider, issuedamong forother anyfactors, all of the following:following when determining whether to grant a motion to stay filed pursuant to this subsection:

Restaurants;Whether there would be immediate and irreparable injury, harm, loss, or damage to either party.

Hotels;The nature and cost of the medical relief sought.

PrivateThe clubs;risk for further injury or disability to the employee inherent in the treatment or its delay.

ConventionWhether centers;it has been recommended by an authorized physician.

CommunityWhether theatres;alternative therapeutic modalities are available and reasonable.

f.(5) If the Commission determines that any party has acted unreasonably by initiating or objecting to a motion filed pursuant to this section, the Commission may assess costs associated with any proceeding, including any reasonable attorneys' fees and deposition costs, against the offending party." SECTION 16.

NonprofitThe organizations;catch line of G.S.

and108A-70.21 g.reads as rewritten:

Political"§ organizations.organizations;108A-70.21.

h.Program eligibility;

Sportsbenefits; and entertainment venues.

…."enrollment SECTIONfee 3.and other cost-sharing;

coverage from private plans;

purchase of extended coverage.plans." SECTION 17.

18C-112(a)115C-112.6(b1)(2)d. reads as rewritten:

Senatereads Billas 582*-Secondrewritten: Edition Page 3 General Assembly Of North Carolina Session 2017 "(a) Of the members of the Commission appointed by the Governor, at least one member shall have a minimum of five years' experience in law enforcement.

Notwithstanding"d. subsection (e) of this section, a member serving in this slot may be an elected law enforcement official." SECTION 4.

Carryforward of funds for reimbursements.

– Any unexpended scholarship funds at the end of each fiscal year shall revert to the General Fund, except that the Authority may carry forward for the next fiscal year an amount necessary to ensure that any outstanding, allowable reimbursements can be disbursed in accordance with this section.

Any funds carried forward for the purpose of meeting anticipated reimbursement obligations from the prior fiscal year that are not expended shall not be used to award additional scholarships to eligible students but shall revert to the General Fund at the end of the that fiscal year." SECTION 18.

28A-2B-2120-4.16(b) reads as rewritten:

"§"(b) 28A-2B-2.Purchase of Service Credits Through Rollover Contributions From Certain Other Plans.

Venue.– Notwithstanding any other provision of this Article, and without regard to any limitations on contributions otherwise set forth in this Article, a member, who is eligible to restore or purchase membership or creditable service pursuant to the provisions of this Article, may purchase such service credits through rollover contributions to the Annuity Savings Fund from (i) an annuity contract described in Section 403(b) of the Internal Revenue Code, (ii) an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, (iii) an Page 10 Senate Bill 582*-First Edition General Assembly Of North Carolina Session 2017 individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income, or (iv) a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code.

TheNotwithstanding venuethe forforegoing, the Retirement System shall not accept any amount as a petitionrollover undercontribution G.S.unless such amount is eligible to be rolled over to a qualified trust in accordance with applicable law and the member provides evidence satisfactory to the Retirement System that such amount qualifies for rollover treatment.

28A-2B-1Unless isreceived by the countyRetirement System in the form of thisa Statedirect inrollover, whichthe rollover contribution must be paid to the petitionerRetirement whoseSystem willon or codicilbefore is the subject60th ofday after the petitiondate isit domiciled.resides."was SECTIONreceived 5.(a)by G.S.the member.

39-35(b1) readsPurchase asof rewritten:Service Credits Through Plan-to-Plan Transfers.

"§– 31D-5-505.Notwithstanding any other provision of this Article, and without regard to any limitations on contributions otherwise set forth in this Article, a member, who is eligible to restore or purchase membership or creditable service pursuant to the provisions of this Article, may purchase such service credits through a direct transfer to the Annuity Savings Fund of funds from (i) an annuity contract described in Section 403(b) of the Internal Revenue Code or (ii) an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state." SECTION 19.

Requisites of release or limitation as against creditors and purchasers for value.

No release or limitation of a power of appointment after March 8, 1943, which is made by the owner of the legal title to real property in this State shall be valid as against creditors and purchasers for a valuable consideration until an instrument in writing setting forth the release or limitation is executed and acknowledged in the manner required for a deed and recorded in the county where the real property is." SECTION 5.(b) If House Bill 229, 2017 Regular Session, becomes law, the Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this section, as the Revisor may deem appropriate.

SECTION 6.(a) G.S.

36C-5-505 reads as rewritten:

"§ 36C-5-505.

Creditor's claim against settlor.

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

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

a.

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

b.

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

c.

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

d.

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

of this subdivision.

For purposes of this subdivision, notwithstanding the provisions of G.S.

36C-1-103(3), the settlor is a beneficiary whether so named under the initial trust instrument or through the exercise of a limited or general power of appointment.

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

Page 4 Senate Bill 582*-Second Edition General Assembly Of North Carolina Session 2017 For purposes of this subsection, the "settlor's spouse" refers to the person to whom the settlor was married at the time the irrevocable inter vivos trust was created, notwithstanding a subsequent dissolution of the marriage." SECTION 6.(b) The Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this section, as the Revisor may deem appropriate.

SECTION 7.

42A-37(a)120-57 readsis asrepealed. rewritten:

"(a)SECTION Any20. member of the Armed Forces of the United States who executes a vacation rental agreement and subsequently receives (i) an order for deployment with a military unit for a period overlapping with the rental period or (ii) permanent change of station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member's vacation rental agreement by providing the landlord or landlord's agent with a written notice of termination within 10 calendar days of receipt of the order.

The notice must be accompanied by either a copy of the official military orders or a written verification signed by the member's commanding officer.

Termination of a lease pursuant to this subsection is effective immediately upon receipt of the notice by the landlord or landlord's agent.

All monies paid by the terminating member, with the exception of nonrefundable fees paid to third parties as described in G.S.

42-16(a), G.S.

42A-16, in connection with the vacation rental agreement shall be refunded to the member within 30 days of termination of the agreement." SECTION 8.

45-10136-41.2(c) reads as rewritten:

"§"(c) 45-10.No municipality shall be eligible to receive funds under G.S.

Substitution136-41.1 ofunless trusteesit inhas mortgagesformally andadopted deedsa ofbudget trust.ordinance in substantial compliance with G.S.

(a)160-410.3, InG.S. addition to the rights and remedies now provided by law, the holders or owners of a majority in amount of the indebtedness, notes, bonds, or other instruments evidencing a promise or promises to pay money and secured by mortgages, deeds of trust, or other instruments conveying real property, or creating a lien thereon, noteholders may, in their discretion, substitute a trustee whether the trustee then named in the instrument is the original or a substituted trustee or a holder or owner of any or all of the obligations secured thereby, by the execution of a written document properly recorded pursuant to Chapter 47 of the North Carolina General Statutes.

An159-8 attorneyand whoG.S. serves as the trustee or substitute trustee shall not represent either the noteholders or the interests of the borrower while initiating a foreclosure proceeding.

…159-13, (d)showing Inrevenue thisreceived section,from theall termsources, "noteholders"and meansshowing thethat holdersfunds orhave ownersbeen ofappropriated afor majorityat inleast thetwo amount of the indebtedness,following notes,municipal bonds,services orif otherthe instrumentsmunicipality evidencingwas aincorporated promisewith toan payeffective moneydate andprior securedto byJanuary mortgages,1, deeds2000, ofwater trust,distribution; or other instruments conveying real property, or creating a lien thereon." SECTION 9.(a) Article 3 of Chapter 58 of the General Statutes is amended by adding a new section to read:

"§sewage 58-3-226.collection or disposal;

Reimbursementgarbage contracts and assignmentrefuse ofcollection benefits.or disposal;

(a)fire Definitions.protection;

–police Theprotection; following definitions apply in this section:

(1)street Healthmaintenance, benefitconstruction, plan.or right-of-way acquisition;

–or Asstreet definedlighting, inor G.S.at least four of the following municipal services if the municipality was incorporated with an effective date of on or after January 1, 2000:

58-3-167.(i) police protection;

The(ii) phrasefire alsoprotection; applies to limited-scope dental and vision insurance.

(2)(iii) Healthsolid carewaste provider.collection or disposal;

–(iv) Aswater defineddistribution; in G.S.

58-3-225.(v) street maintenance;

(3)(vi) Insured.street construction or right-of-way acquisition;

–(vii) Anstreet individuallighting; who is eligible to receive benefits from the health benefit plan.

(4)and Insurer.(viii) zoning." SECTION 21.

– As defined in G.S.

58-3-167.

(5) Third party administrator.

– As defined in G.S.

58-56-2.

(b) Reimbursement Contracts.

– A reimbursement contract between a health care provider and an insurer or a third-party administrator shall require that reimbursement shall be made directly to the health care provider for any service provided by the health care provider under the reimbursement contract and covered under the health benefit plan.

Senate Bill 582*-Second Edition Page 5 General Assembly Of North Carolina Session 2017 (c) Assignment of Benefits.

– An insurer or a third-party administrator shall accept and honor a completed assignment of benefits agreement that assigns the insured's reimbursement benefits to a health care provider.

The assignment of benefits agreement must be validly executed by the insured.

This subsection applies only if there is no reimbursement contract between a health care provider and an insurer or a third-party administrator." SECTION 9.(b) This section is effective October 1, 2017, and applies to reimbursement contracts and assignment of benefit agreements entered into or amended on or after that date.

SECTION 10.(a) G.S.

58-10-345(g) reads as rewritten:

"(g) The Commissioner is authorized to retain legal, financial, and audit services from outside the Department, the costs of which shall be reimbursed by the business entity.

58-2-160143-215.31(a1) shallreads applyas torewritten: audits, investigations, audits and processing conducted under the authority of this section." SECTION 10.(b) G.S.

58-10-355"(a1) readsThe owner of a dam classified by the Department as rewritten:a high-hazard dam or an intermediate-hazard dam shall develop an Emergency Action Plan for the dam as provided in this subsection;subsection:

"§(1) 58-10-355.The owner of the dam shall submit a proposed Emergency Action Plan for the dam within 90 days after the dam is classified as a high-hazard dam or an intermediate-hazard dam to the Department and the Department of Public Safety for their review and approval.

OrganizationalThe audit.Department and the Department of Public Safety shall approve the Emergency Action Plan if they determine that it complies with the requirements of this subsection and will protect public health, safety, and welfare;

In addition to the processingenvironment; of the application, an organizational investigation or audit may be performed before an applicant business entity is licensed.

Such investigation or audit shall consist of a general survey review of the applicant business entity's corporate records, including charters, bylaws, and minutenatural books;resources.

verification(2) ofThe capitalEmergency andAction surplus;Plan shall include, at a minimum, all of the following:

verification of principal place of business;

determination of assets and liabilities;

and a review of such other factors as the Commissioner deems necessary." SECTION 10.(c) G.S.

58-10-385(a) reads as rewritten:

"(a) Every captive insurance company shall report to the Commissioner within 30 days after any change in its executive officers or directors, including in its report a biographical affidavit for each new officer or director.

The change shall be deemed approved unless it is disapproved within 30 days from the completion of the Commissioner's review of the biographical affidavit." SECTION 11.(a) G.S.

58-57-90 reads as rewritten:

"§ 58-57-90.

Credit property insurance;

personal household property coverage.

(a) As used in this Article, the term "single interest credit property" insurance means insurance of the personal household property of the debtor against loss, with the creditor as sole beneficiary;

and the term "dual credit property" insurance means insurance of personal household property of the debtor, with the creditor as primary beneficiary and the debtor as beneficiary of proceeds not paid to the creditor.

For the purpose of this Article, "personal household property" means household furniture, furnishings and furnishings, appliances designed for household use and use, and other personal property of the debtor, exclusive of an automobile, not used by the debtor in a business trade or profession.

…." SECTION 11.(b) G.S.

58-57-110(a) reads as rewritten:

"(a) Each Beginning September 1, 2018, and every third year thereafter, the Commissioner shall prescribe a minimum incurred loss ratio standard requirement to develop a premium rate reasonable in relation to the benefits provided by credit unemployment insurance coverage.

This minimum incurred loss ratio standard shall be effective January 1 in the year after it is prescribed and shall remain in effect until a new minimum incurred loss ratio standard requirement is prescribed.

The following requirements must be met:

…." SECTION 12.(a) G.S.

66-58 reads as rewritten:

"§ 66-58.

Sale of merchandise or services by governmental units.

… (c) The provisions of subsection (a) shall not prohibit:

… Page 6 Senate Bill 582*-Second Edition General Assembly Of North Carolina Session 2017 (4) The operation of lunch counters by the Department of Health and Human Services as blind enterprises of the type operated on January 1, 1951, in State buildings in the City of Raleigh.The operation of food and vending services under Article 3 of Chapter 111 of the General Statutes.

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

"§ 111-47.4.

Food service at certain State properties or facilities.

Notwithstanding any other provision of this Article, the Department of Health and Human Services may operate or contract for the operation of food or vending services at State property or State facilities allocated to the Department of Administration or the Department of Insurance.

The net proceeds of revenue generated by food and vending services at such State property or State facilities by the Department of Health and Human Services, or a vendor with whom the Department of Health and Human Services has contracted, shall be credited to the Division of Services for the Blind of the Department of Health and Human Services for the purposes specified in G.S.

111-43.

Nothing in this section shall be construed to remove an exemption granted in G.S.

111-42(c)." SECTION 12.(c) G.S.

146-29.1 is amended by adding a new subsection to read:

"(i) This section shall not apply to leases entered into by the Department of Health and Human Services for the operation of food and vending services under Article 3 of Chapter 111 of the General Statutes." SECTION 13.(a) G.S.

90-92(a) reads as rewritten:

"(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.

In determining that a substance comes within this schedule, the Commission shall find:

a low potential for abuse relative to the substances listed in Schedule III of this Article;

currently accepted medical use in the United States;

and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article.

The following controlled substances are included in this schedule:

… (5) Narcotic Drugs.

– Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

NotA moredescription than 1 milligram of difenoxinpotential andemergency notconditions lessthat thancould 25occur microgramsat ofthe atropinedam, sulfateincluding persecurity dosagerisks. unit.

Buprenorphine.A description of actions to be taken in response to an emergency condition at the dam.

2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol,Emergency itsnotification salts,procedures opticalto andaid geometricin isomers,warning and saltsevacuations ofduring thesean isomersemergency (includingcondition tramadol)."at SECTION 13.(b) If House Bill 464, 2017 Regular Session, becomes law, the sub-subdivisiondam. c.

addedd. to G.S.

90-92(a)(5)A downstream inundation map depicting areas affected by Sectiona 6dam offailure thatand actsudden isrelease repealed.of the impoundment.

SECTIONA 13.(c)downstream Thisinundation map prepared pursuant to this section becomesdoes effectivenot Decemberrequire 1,preparation 2017,by anda subsectionSenate (a)Bill of582*-First thisEdition sectionPage applies11 toGeneral offensesAssembly committedOf onNorth Carolina Session 2017 licensed professional engineer or aftera thatperson date.under the responsible charge of a licensed professional engineer unless the dam is associated with a coal combustion residuals surface impoundment, as defined by G.S.

SECTION130A-309.201. 14.

(3) The owner of the dam shall update the Emergency Action Plan annually and shall submit it to the Department and the Department of Public Safety for their review and approval within one year of the prior approval.

(4) The Department shall provide a copy of the Emergency Action Plan to the regional offices of the Department that might respond to an emergency condition at the dam.

(5) The Department of Public Safety shall provide a copy of the Emergency Action Plan to all local emergency management agencies that might respond to an emergency condition at the dam.

(6) Information included in an Emergency Action Plan that constitutes sensitive public security information, as provided in G.S.

132-1.7, shall be maintained as confidential information and shall not be subject to disclosure under the Public Records Act.

For purposes of this section, "sensitive public security information" shall include Critical Energy Infrastructure Information protected from disclosure under rules adopted by the Federal Energy Regulatory Commission in 18 C.F.R.

§ 333.112.18 C.F.R.

§ 388.112." SECTION 22.

90-113.74143-341.2(b)(3) reads as rewritten:

"§"(3) 90-113.74.Auditor may audit submissions.

Confidentiality.– The State Auditor may audit submissions made to the Department of Administration pursuant to subdivision (1) of this subsection and may recover any costs incurred in preforming performing such an audit from the State Land Fund, in accordance with G.S.

(a)146-72." PrescriptionSECTION information23. submitted to the Department is privileged and confidential, is not a public record pursuant to G.S.

132-1, is not subject to subpoena or discovery or any other use in civil proceedings, and except as otherwise provided below may only be used (i) for investigative or evidentiary purposes related to violations of State or federal law, (ii) for regulatory activities, or (iii) to inform medical records or clinical care.

Except as otherwise Senate Bill 582*-Second Edition Page 7 General Assembly Of North Carolina Session 2017 provided by this section, prescription information shall not be disclosed or disseminated to any person or entity by any person or entity authorized to review prescription information.

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

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

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

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

(b2) In order to receive a report pursuant to subdivision (2) of subsection (b1) of this section, an agency responsible for licensing, registering, or certifying a practitioner with prescriptive or dispensing authority shall adopt rules setting the criteria by which the Department may report the information to the agency.

The criteria for reporting established by rule shall not establish the standard of care for prescribing or dispensing, and it shall not be a basis for disciplinary action by an agency that the Department reported a practitioner to an agency based on the criteria.

(c) The Department shall release data in the controlled substances reporting system to the following persons only:

(1) Persons authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for their patients.

A person authorized to receive data pursuant to this paragraph may delegate the authority to receive the data to other persons working under his or her direction and supervision, provided the Department approves the delegation.

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

(3) Special agents of the North Carolina State Bureau of Investigation who are assigned to the Diversion & Environmental Crimes Unit and whose primary duties involve the investigation of diversion and illegal use of prescription medication.

SBI agents assigned to the Diversion & Environmental Crimes Unit may then provide this information to other SBI agents who are engaged in a bona fide specific investigation related to enforcement of laws governing licit drugs.

The SBI shall notify the Office of the Attorney General of North Carolina of each request for inspection of records maintained by the Department.

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

(5) To a sheriff or designated deputy sheriff or a police chief or a designated police investigator who is assigned to investigate the diversion and illegal use of prescription medication or pharmaceutical products identified in Article 5 of this Chapter of the General Statutes as Schedule II through V controlled substances and who is engaged in a bona fide specific Page 8 Senate Bill 582*-Second Edition General Assembly Of North Carolina Session 2017 investigation related to the enforcement of laws governing licit drugs pursuant to a lawful court order specifically issued for that purpose.

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

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

(8) Any county medical examiner appointed by the Chief Medical Examiner pursuant to G.S.

130A-382 and the Chief Medical Examiner, for the purpose of investigating the death of an individual.

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

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

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

… (f) The Department shall, on a quarterly basis, purge from the controlled substances reporting system database all information more than six years old.

The Department shall maintain in a separate database all information purged from the controlled substances reporting system database pursuant to this subsection and may release data from that separate database only as provided in subsection (d) of this section.

…." SECTION 15.(a) Section 7.18(b) of S.L.

2008-107 is repealed.

SECTION 15.(b) Section 31.7(b) of S.L.

2015-241 reads as rewritten:

"SECTION 31.7.(b) Reporting.

– The following reports are required:

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

(2) By October 1, 2015, October 15, 2017, and quarterly thereafter, each State agency shall report on the status of agency capital projects to the Fiscal Research Division of the General Assembly and to the Office of State Budget and Management." SECTION 16.

143-47.7143B-168.5 reads as rewritten:

"§ 143-47.7.143B-168.5.

NoticeChild andCare record– ofspecial appointmentunit. required.

(a)There Withinis 30established dayswithin afterthe acceptanceDepartment of appointmentHealth byand aHuman personServices appointedServices, toDivision publicof office,Child theDevelopment appointingand authorityEarly shallEducation, filea writtenspecial noticeunit ofto thedeal appointmentprimarily with theviolations Governor,involving thechild Secretaryabuse ofand State,neglect thein Legislativechild Library,care thearrangements. State Library, the State Ethics Commission, and the State Controller.

ForThe theChild purposesCare ofCommission thisshall section,make arules copyfor of the letterinvestigation from the appointing authority, a copy of thereports properly executed notice of appointmentchild asabuse set forth in subsection (c) of this section, or aneglect copyand offor theadministrative properlyaction executedwhen Commissionchild ofabuse Appointmentor shallneglect beis sufficientsubstantiated, pursuant to beG.S. filed if the copy contains the information required in subsection (b) of this section.

(b)110-88(6a), The110-105, noticeand required110-105.2.110-105.3, by110-105.4, this110-105.5, Articleand shall110-105.6." containSECTION the24. following information:

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

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

(3) The name and address of the appointee;

(4) The county of residence of the appointee;

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

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

Senate Bill 582*-Second Edition Page 9 General Assembly Of North Carolina Session 2017 (7) The name of the person the appointee replaces, if applicable;

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

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

(c) The following form may be used to comply with the requirements of this section:

"NOTICE OF APPOINTMENT Notice is given that _________ is hereby appointed to the following Name public office:

Public Office:

________________________________________________________________ Citation to Law or Other Authority Authorizing the Appointment:

_______________________________________________________________________ Specific Statutory Qualification for the Public Office, if Applicable:

_______________________________________________________________________ Address of the Appointee:

_______________________________________________________ _______________________________________________________________________ _______________________________________________________________________ County of Residence of the Appointee:

____________________________________________ Date Term of Appointment Begins: