S419: Technical and Other Changes. Latest Version

Session: 2019 - 2020



AN ACT to make technical, clarifying, and other changes to statutes and session laws.

The General Assembly of North Carolina enacts:

SECTION 2.(a)  G.S. 14‑208.6 reads as rewritten:

§ 14‑208.6.  Definitions.

The following definitions apply in this Article:



(1c)      Department. – The Department of Public Safety.



(8)        Statewide registry. – The central registry compiled by the Department State Bureau of Investigation in accordance with G.S. 14‑208.14.

….

SECTION 2.(b)  G.S. 14‑208.7 reads as rewritten:

§ 14‑208.7.  Registration.



(b)        The Department of Public Safety State Bureau of Investigation shall provide each sheriff with forms for registering persons as required by this Article. The registration form shall require all of the following:

(1)        The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address.

(1a)      A statement indicating what the person's name was at the time of the conviction for the offense that requires registration; what alias, if any, the person was using at the time of the conviction of that offense; and the name of the person as it appears on the judgment imposing the sentence on the person for the conviction of the offense.

(2)        The type of offense for which the person was convicted, the date of conviction, and the sentence imposed.

(3)        A current photograph taken by the sheriff, without charge, at the time of registration.

(4)        The person's fingerprints taken by the sheriff, without charge, at the time of registration.

(5)        A statement indicating whether the person is a student or expects to enroll as a student within a year of registering. If the person is a student or expects to enroll as a student within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is a student or expects to enroll as a student.

(6)        A statement indicating whether the person is employed or expects to be employed at an institution of higher education within a year of registering. If the person is employed or expects to be employed at an institution of higher education within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is or expects to be employed.

(7)        Any online identifier that the person uses or intends to use.

(c)        When a person registers, the sheriff with whom the person registered shall immediately send the registration information to the Department of Public Safety State Bureau of Investigation in a manner determined by the Department of Public Safety. State Bureau of Investigation. The sheriff shall retain the original registration form and other information collected and shall compile the information that is a public record under this Part into a county registry.

….

SECTION 2.(c)  G.S. 14‑208.8(a) reads as rewritten:

(a)      At least 10 days, but not earlier than 30 days, before a person who will be subject to registration under this Article is due to be released from a penal institution, an official of the penal institution shall do all of the following:

(1)        Inform the person of the person's duty to register under this Article and require the person to sign a written statement that the person was so informed or, if the person refuses to sign the statement, certify that the person was so informed.

(2)        Obtain the registration information required under G.S. 14‑208.7(b)(1), (2), (5), (6), and (7), as well as the address where the person expects to reside upon the person's release.

(3)        Send the Department of Public Safety State Bureau of Investigation and the sheriff of the county in which the person expects to reside the information collected in accordance with subdivision (2) of this subsection.

SECTION 2.(d)  G.S. 14‑208.8A(c) reads as rewritten:

(c)      Notice to Department of Public Safety. State Bureau of Investigation. – Upon receiving the notice required under subsection (a) of this section, the sheriff shall immediately forward the information to the Department of Public Safety. State Bureau of Investigation. The Department of Public Safety State Bureau of Investigation shall notify the sheriff of the county where the person is working and maintaining a temporary residence of the person's place of employment and temporary address in that county.

SECTION 2.(e)  G.S. 14‑208.9 reads as rewritten:

§ 14‑208.9.  Change of address; change of academic status or educational employment status; change of online identifier; change of name.

(a)        If a person required to register changes address, the person shall report in person and provide written notice of the new address not later than the third business day after the change to the sheriff of the county with whom the person had last registered. If the person moves to another county, the person shall also report in person to the sheriff of the new county and provide written notice of the person's address not later than the tenth day after the change of address. Upon receipt of the notice, the sheriff shall immediately forward this information to the Department of Public Safety. State Bureau of Investigation. When the Department of Public Safety State Bureau of Investigation receives notice from a sheriff that a person required to register is moving to another county in the State, the Department of Public Safety State Bureau of Investigation shall inform the sheriff of the new county of the person's new residence.

(b)        If a person required to register intends to move to another state, the person shall report in person to the sheriff of the county of current residence at least three business days before the date the person intends to leave this State to establish residence in another state or jurisdiction. The person shall provide to the sheriff a written notification that includes all of the following information: the address, municipality, county, and state of intended residence.

(1)        If it appears to the sheriff that the record photograph of the sex offender no longer provides a true and accurate likeness of the sex offender, then the sheriff shall take a photograph of the offender to update the registration.

(2)        The sheriff shall inform the person that the person must comply with the registration requirements in the new state of residence. The sheriff shall also immediately forward the information included in the notification to the Department of Public Safety, State Bureau of Investigation, and the Department of Public Safety State Bureau of Investigation shall inform the appropriate state official in the state to which the registrant moves of the person's notification and new address.

(b1)      A person who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this State shall, within three business days after the date upon which the person indicated he or she would leave this State, report in person to the sheriff's office to which the person reported the intended change of residence, of his or her intent to remain in this State. If the sheriff is notified by the sexual offender that he or she intends to remain in this State, the sheriff shall promptly report this information to the Department of Public Safety.State Bureau of Investigation.

(c)        If a person required to register changes his or her academic status either by enrolling as a student or by terminating enrollment as a student, then the person shall, within three business days, report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new status. The written notice shall include the name and address of the institution of higher education at which the student is or was enrolled. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

(d)       If a person required to register changes his or her employment status either by obtaining employment at an institution of higher education or by terminating employment at an institution of higher education, then the person shall, within three business days, report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new status not later than the tenth day after the change to the sheriff of the county with whom the person registered. The written notice shall include the name and address of the institution of higher education at which the person is or was employed. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

(e)        If a person required to register changes an online identifier, or obtains a new online identifier, then the person shall, within 10 days, report in person to the sheriff of the county with whom the person registered to provide the new or changed online identifier information to the sheriff. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

(f)        If a person required to register changes his or her name pursuant to Chapter 101 of the General Statutes or by any other method, then the person shall, within three business days, report in person to the sheriff of the county with whom the person registered to provide the name change to the sheriff. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

SECTION 2.(f)  G.S. 14‑208.9A(a) reads as rewritten:

(a)      The information in the county registry shall be verified semiannually for each registrant as follows:

(1)        Every year on the anniversary of a person's initial registration date, and again six months after that date, the Department of Public Safety State Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person.

(2)        The person shall return the verification form in person to the sheriff within three business days after the receipt of the form.

(3)        The verification form shall be signed by the person and shall indicate the following:

a.         Whether the person still resides at the address last reported to the sheriff. If the person has a different address, then the person shall indicate that fact and the new address.

b.         Whether the person still uses or intends to use any online identifiers last reported to the sheriff. If the person has any new or different online identifiers, then the person shall provide those online identifiers to the sheriff.

c.         Whether the person still uses or intends to use the name under which the person registered and last reported to the sheriff. If the person has any new or different name, then the person shall provide that name to the sheriff.

(3a)      If it appears to the sheriff that the record photograph of the sex offender no longer provides a true and accurate likeness of the sex offender, then the sheriff shall take a photograph of the offender to include with the verification form.

(4)        If the person fails to return the verification form in person to the sheriff within three business days after receipt of the form, the person is subject to the penalties provided in G.S. 14‑208.11. If the person fails to report in person and provide the written verification as provided by this section, the sheriff shall make a reasonable attempt to verify that the person is residing at the registered address. If the person cannot be found at the registered address and has failed to report a change of address, the person is subject to the penalties provided in G.S. 14‑208.11, unless the person reports in person to the sheriff and proves that the person has not changed his or her residential address.

SECTION 2.(g)  G.S. 14‑208.12A(a3) reads as rewritten:

(a3)    If the court denies the petition, the person may again petition the court for relief in accordance with this section one year from the date of the denial of the original petition to terminate the registration requirement. If the court grants the petition to terminate the registration requirement, the clerk of court shall forward a certified copy of the order to the Department of Public Safety State Bureau of Investigation to have the person's name removed from the registry.

SECTION 2.(h)  G.S. 14‑208.13 reads as rewritten:

§ 14‑208.13.  File with Criminal Information Network.

(a)        The Department of Public Safety State Bureau of Investigation shall include the registration information in the Criminal Information Network as set forth in G.S. 143B‑905.

(b)        The Department of Public Safety State Bureau of Investigation shall maintain the registration information permanently even after the registrant's reporting requirement expires.

SECTION 2.(i)  G.S. 14‑208.14 reads as rewritten:

§ 14‑208.14.  Statewide registry; Department of Public Safety State Bureau of Investigation designated custodian of statewide registry.

(a)        The Department of Public Safety State Bureau of Investigation shall compile and keep current a central statewide sex offender registry. The Department State Bureau of Investigation is the State agency designated as the custodian of the statewide registry. As custodian the Department State Bureau of Investigation has the following responsibilities:

(1)        To receive from the sheriff or any other law enforcement agency or penal institution all sex offender registrations, changes of address, changes of academic or educational employment status, and prerelease notifications required under this Article or under federal law. The Department State Bureau of Investigation shall also receive notices of any violation of this Article, including a failure to register or a failure to report a change of address.

(2)        To provide all need‑to‑know law enforcement agencies (local, State, campus, federal, and those located in other states) immediately upon receipt by the Department State Bureau of Investigation of any of the following: registration information, a prerelease notification, a change of address, a change of academic or educational employment status, or notice of a violation of this Article.

(2a)      To notify the appropriate law enforcement unit at an institution of higher education as soon as possible upon receipt by the Department State Bureau of Investigation of relevant information based on registration information or notice of a change of academic or educational employment status. If an institution of higher education does not have a law enforcement unit, then the Department State Bureau of Investigation shall provide the information to the local law enforcement agency that has jurisdiction for the campus.

(3)        To coordinate efforts among law enforcement agencies and penal institutions to ensure that the registration information, changes of address, change of name, prerelease notifications, and notices of failure to register or to report a change of address are conveyed in an appropriate and timely manner.

(4)        To provide public access to the statewide registry in accordance with this Article.

(4a)      To maintain the system for public access so that a registrant's full name, any aliases, and any legal name changes are cross‑referenced and a member of the public may conduct a search of the system for a registrant under any of those names.

(5)        To maintain a system allowing an entity to access a list of online identifiers of persons in the central sex offender registry.

(b)        The statewide registry shall include the following:

(1)        Registration information obtained by a sheriff or penal institution under this Article or from any other local or State law enforcement agency.

(2)        Registration information received from a state or local law enforcement agency or penal institution in another state.

(3)        Registration information received from a federal law enforcement agency or penal institution.

SECTION 2.(j)  G.S. 14‑208.15 reads as rewritten:

§ 14‑208.15.  Certain statewide registry information is public record: access to statewide registry.

(a)        The information in the statewide registry that is public record is the same as in G.S. 14‑208.10. The Department of Public Safety State Bureau of Investigation shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.

(b)        The Department of Public Safety State Bureau of Investigation shall provide free public access to automated data from the statewide registry, including photographs provided by the registering sheriffs, via the Internet. The public will be able to access the statewide registry to view an individual registration record, a part of the statewide registry, or all of the statewide registry. The Department of Public Safety State Bureau of Investigation may also provide copies of registry information to the public upon written request and may charge a reasonable fee for duplicating costs and mailings costs.

(c)        Upon request of an institution of higher education, the Sheriff of the county in which the educational institution is located shall provide a report containing the registry information for any registrant who has stated that the registrant is a student or employee, or expects to become a student or employee, of that institution of higher education. The Department of Public Safety State Bureau of Investigation shall provide each sheriff with the ability to generate the report from the statewide registry. The report shall be provided electronically without charge. The institution of higher education may receive a written report upon payment of reasonable duplicating costs and mailing costs.

SECTION 2.(k)  G.S. 14‑208.15A reads as rewritten:

§ 14‑208.15A.  Release of online identifiers to entity; fee.

(a)        The Department of Public Safety State Bureau of Investigation may release registry information regarding a registered offender's online identifier to an entity for the purpose of allowing the entity to prescreen users or to compare the online identifier information with information held by the entity as provided by this section.

(b)        An entity desiring to prescreen its users or compare its database of registered users to the list of online identifiers of persons in the statewide registry may apply to the Department of Public Safety State Bureau of Investigation to access the information. An entity that complies with the criteria developed by the Department of Public Safety State Bureau of Investigation regarding the release and use of the online identifier information and pays the fee may screen new users or compare its database of registered users to the list of online identifiers of persons in the statewide registry as frequently as the Department of Public Safety State Bureau of Investigation may allow for the purpose of identifying a registered user associated with an online identifier contained in the statewide registry.

(c)        The Department of Public Safety State Bureau of Investigation may charge an entity that submits a request for the online identifiers of persons in the statewide registry an annual fee of one hundred dollars ($100.00). Fees collected under this section shall be credited to the Department of Public Safety State Bureau of Investigation and applied to the cost of providing this service.

(d)       The Department of Public Safety State Bureau of Investigation shall develop standards regarding the release and use of online identifier information. The standards shall include a requirement that the information obtained from the statewide registry shall not be disclosed for any purpose other than for prescreening its users or comparing the database of registered users of the entity against the list of online identifiers of persons in the statewide registry.

….

SECTION 2.(l)  G.S. 14‑208.22(b) reads as rewritten:

(b)      The Department of Public Safety State Bureau of Investigation shall provide each sheriff with forms for registering persons as required by this Article.

SECTION 2.(m)  G.S. 14‑208.27 reads as rewritten:

§ 14‑208.27.  Change of address.

If a juvenile who is adjudicated delinquent and required to register changes address, the juvenile court counselor for the juvenile shall provide written notice of the new address not later than the third business day after the change to the sheriff of the county with whom the juvenile had last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the Department of Public Safety. State Bureau of Investigation. If the juvenile moves to another county in this State, the Department of Public Safety State Bureau of Investigation shall inform the sheriff of the new county of the juvenile's new residence.

SECTION 2.(n)  G.S. 14‑208.31 reads as rewritten:

§ 14‑208.31.  File with Criminal Information Network.

(a)        The Department of Public Safety State Bureau of Investigation shall include the registration information in the Criminal Information Network as set forth in G.S. 143B‑905.

(b)        The Department of Public Safety State Bureau of Investigation shall maintain the registration information permanently even after the registrant's reporting requirement expires; however, the records shall remain confidential in accordance with Article 32 of Chapter 7B of the General Statutes.

SECTION 3.  G.S. 15A‑145.8(b), as enacted by Section 11 of S.L. 2019‑186, reads as rewritten:

(b)      The court shall also order the expunction of DNA records when the person's case has been dismissed remanded to the district court for juvenile adjudication by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank as a result of the case that was dismissed. remanded. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (c) of this section.

SECTION 4.(a)  G.S. 15A‑521 reads as rewritten:

§ 15A‑521.  Commitment to detention facility pending trial.

(a)        Commitment. – Every person charged with a crime and held in custody who has not been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order of the judicial official who conducted the initial appearance as provided in Article 24 to an appropriate detention facility as provided in this section. If the person being committed by written order is under the age of 18, that person must be committed to a Division of Adult Correction and Juvenile Justice detention facility, to a detention facility approved by the Division of Adult Correction and Juvenile Justice for operation as a juvenile detention facility, or to a holdover facility pursuant to G.S. 7B‑2204.

(b)        Order of Commitment; Modification. – The order of commitment must:

(1)        State the name of the person charged or identify him if his name cannot be ascertained.

(2)        Specify the offense charged.

(3)        Designate the place of confinement.

(4)        If release is authorized pursuant to Article 26 of this Chapter, Bail, state the conditions of release. If a separate order stating the conditions has been entered, the commitment may make reference to that order, a copy of which must be attached to the commitment.

(5)        Subject to the provisions of subdivision (4), direct, as appropriate, that the defendant be:

a.         Produced before a district court judge pursuant to Article 29 of this Chapter, First Appearance before District Court Judge,

b.         Produced before a district court judge for a probable cause hearing as provided in Article 30 of this Chapter, Probable‑Cause Hearing,

c.         Produced for trial in the district or superior court, or

d.         Held for other specified purposes.

(6)        State the name and office of the judicial official making the order and be signed by him.

The order of commitment may be modified or continued by the same or another judicial official by supplemental order.

(c)        Copies and Use of Order, Receipt of Prisoner. –

(1)        The order of commitment must be delivered to a law‑enforcement officer, who must deliver the order and the prisoner to the detention facility named therein.

(2)        The jailer or juvenile justice officer must receive the prisoner and the order of commitment, and note on the order of commitment the time and  date of receipt. As used in this subdivision, jailer includes any person having control of a detention facility.facility and juvenile justice officer means any person having control of a juvenile detention facility.

(3)        Upon releasing the prisoner pursuant to the terms of the order, or upon delivering the prisoner to the court, the jailer must note the time and date on the order and return it to the clerk. Personnel of the Division of Adult Correction and Juvenile Justice, or personnel approved by the Juvenile Justice Section, shall transport the person under the age of 18 from the juvenile detention facility to court and shall transfer the person back to the juvenile detention facility.

(4)        Repealed by Session Laws 1975, 2nd Sess., c. 983, s. 142.

(d)       Commitment of Witnesses. – If a court directs detention of a material witness pursuant to G.S. 15A‑803, the court must enter an order in the manner provided in this section, except that the order must:

(1)        State the reason for the detention in lieu of the description of the offense charged, and

(2)        Direct that the witness be brought before the appropriate court when his testimony is required.

SECTION 4.(b)  G.S. 15A‑1301 reads as rewritten:

§ 15A‑1301.  Order of commitment to imprisonment when not otherwise specified.

When a judicial official orders that a defendant be imprisoned he must issue an appropriate written commitment order. When the commitment is to a sentence of imprisonment, the commitment must include the identification and class of the offense or offenses for which the defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed by law upon conviction of each offense for the punishment range used to impose the sentence for the class of offense and prior record or conviction level, and, if the sentences are concurrent or consolidated, the longest of the maximum sentences allowed by law for the classes of offense and prior record or conviction levels upon conviction of any of the offenses. If the person sentenced to imprisonment is under the age of 18, the person must be committed to a Division of Adult Correction and Juvenile Justice detention facility or to a detention facility approved by the Division of Adult Correction and Juvenile Justice for operation as a juvenile detention facility. The person may be temporarily confined in a holdover facility pursuant to G.S. 7B‑2204 until such time as the person is transferred to a juvenile detention facility. Personnel of the Juvenile Justice Section of the Division, or personnel approved by the Juvenile Justice Section, shall transport the defendant to the juvenile detention facility.

SECTION 4.(c)  G.S. 15A‑1352 reads as rewritten:

§ 15A‑1352.  Commitment to Division of Adult Correction and Juvenile Justice of the Department of Public Safety or local confinement facility.

(a)        Except as provided in subsection (f) of this section, a person sentenced to imprisonment for a misdemeanor under this Article or for nonpayment of a fine for conviction of a misdemeanor under Article 84 of this Chapter shall be committed for the term designated by the court to the Statewide Misdemeanant Confinement Program as provided in G.S. 148‑32.1 or, if the period is for 90 days or less, to a local confinement facility, except as provided for in G.S. 148‑32.1(b).

If a person is sentenced to imprisonment for a misdemeanor under this Article or for nonpayment of a fine under Article 84 of this Chapter, the sentencing judge may make a finding of fact as to whether the person would be suitable for placement in a county satellite jail/work release unit operated pursuant to G.S. 153A‑230.3. If the sentencing judge makes a finding of fact that the person would be suitable for placement in a county satellite jail/work release unit and the person meets the requirements listed in G.S. 153A‑230.3(a)(1), then the custodian of the local confinement facility may transfer the misdemeanant to a county satellite jail/work release unit.

If the person sentenced to imprisonment is under the age of 18, the person must be committed to a Division of Adult Correction and Juvenile Justice detention facility or to a detention facility approved by the Division of Adult Correction and Juvenile Justice for operation as a juvenile detention facility. Personnel of the Juvenile Justice Section of the Division, or personnel approved by the Juvenile Justice Section, shall transport the person to the detention facility.

(b)        A person sentenced to imprisonment for a felony under this Article or for nonpayment of a fine for conviction of a felony under Article 84 of this Chapter shall be committed for the term designated by the court to the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.

(c)        Repealed by Session Laws 2014‑100, s. 16C.1(b), effective October 1, 2014. See Editor's note for applicability.

(d)       Notwithstanding any other provision of law, when the sentencing court, with the consent of the person sentenced, orders that a person convicted of a misdemeanor be granted work release, the court may commit the person to a specific prison facility or local confinement facility or satellite jail/work release unit within the county of the sentencing court in order to facilitate the work release arrangement. When appropriate to facilitate the work release arrangement, the sentencing court may, with the consent of the sheriff or board of commissioners, commit the person to a specific local confinement facility or satellite jail/work release unit in another county.

(e)        Repealed by Session Laws 2014‑100, s. 16C.1(b), effective October 1, 2014. See Editor's note for applicability.

(f)        A person sentenced to imprisonment of any duration for impaired driving under G.S. 20‑138.1, other than imprisonment required as a condition of special probation under G.S. 15A‑1351(a) or G.S. 15A‑1344(e), shall be committed to the Statewide Misdemeanant Confinement Program established under G.S. 148‑32.1.

If the person sentenced to imprisonment is under the age of 18, the person must be committed to a Division of Adult Correction and Juvenile Justice detention facility or to a detention facility approved by the Division of Adult Correction and Juvenile Justice for operation as a juvenile detention facility. Personnel of the Juvenile Justice Section of the Division, or personnel approved by the Juvenile Justice Section, shall transport the person to the detention facility.

SECTION 4.(d)  G.S. 153A‑218 reads as rewritten:

§ 153A‑218.  County confinement facilities.

A county may establish, acquire, erect, repair, maintain, and operate local confinement facilities and may for these purposes appropriate funds not otherwise limited as to use by law. Subject to the holdover provisions in G.S. 7B‑2204, no person under the age of 18 may be held in a county confinement facility unless an agreement exists between the county confinement facility and the Division of Adult Correction and Juvenile Justice that allows for the housing of persons under the age of 18 at the facility or a portion of the facility has been approved by the Division of Adult Correction and Juvenile Justice as a juvenile detention facility. A juvenile detention facility may be located in the same facility as a county jail provided that the juvenile detention facility meets the requirements of this Article and G.S. 147‑33.40.

SECTION 4.(e)  This section becomes effective July 1, 2020, and applies to offenses committed on or after that date.

SECTION 6.(a)  G.S. 113‑273, as amended by S.L. 2019‑204, reads as rewritten:

§ 113‑273.  Other licenses.



(l)         Wildlife Control Agent License. – Any An individual who engages in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials, shall first procure a wildlife control agent license. This is an annual license issued by the Wildlife Resources Commission for fifty dollars ($50.00). This license shall not be required for licensed trappers taking wild animals during the established trapping season for that species. The Wildlife Resources Commission is authorized by rule to set standards for and to license wildlife control agents.

(l1)       Wildlife Control Technician Certification. – An employee of a wildlife control agent who engages in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials, shall first procure a wildlife control technician certification. This is an annual certification issued by the Wildlife Resources Commission. The Wildlife Resources Commission shall not charge a fee for this certification. This certification shall not authorize the individual to issue depredation permits. This certification shall not be required for licensed trappers taking wild animals during the established trapping season for that species. The Wildlife Resources Commission may adopt rules to certify and set standards for wildlife control technicians.

(m)       Alligator Control Agent Certification. – In addition to the wildlife control agent license, any Any individual who engages in alligator damage control or removal activities for compensation, including reimbursement for the cost of materials, shall first procure an alligator control agent certification. certification in addition to a wildlife control agent license or wildlife control technician certification. This is an annual certification issued by the Wildlife Resources Commission for twenty‑five dollars ($25.00). The Wildlife Resources Commission is authorized by rule to set standards for and to certify alligator control agents. This certification does not include privileges conveyed with an endangered species permit. The endangered species permit shall be obtained prior to conducting activities under the authorization of this certification.

SECTION 6.(b)  This section becomes effective November 1, 2019.

SECTION 7.  G.S. 113‑276(o), as enacted by Section 12 of S.L. 2019‑204, reads as rewritten:

(o)      An eligible member of a volunteer fire department for five consecutive fiscal years, including the prior fiscal year, may be issued any adult resident lifetime license issued and administered by the Wildlife Resources Commission for fifty percent (50%) of the applicable license fee amount. For purposes of this subsection, the term eligible member means an individual appearing as a volunteer on the certified roster of eligible firefighters submitted to the North Carolina State Firefighters' Association under G.S. 58‑86‑25.

SECTION 8.  Article 14A of Chapter 115C of the General Statutes is amended by adding a new section to read:

§ 115C‑218.37.  Public approval for private activity bonds.

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

(1)        Charter school facility. – Real property, personal property, or both that is used or intended for use in connection with the operation of a charter school.

(2)        Applicable elected representative. – An elected official of a governmental unit having jurisdiction over the area in which a charter school facility is located, as defined in Section 147(f)(2) of the Internal Revenue Code (26 U.S.C. § 147(f)(2)).

(b)        The Superintendent of Public Instruction is hereby designated as an applicable elected representative who may approve the issuance of one or more private activity bonds to finance or refinance a charter school facility, after a public hearing following reasonable public notice, in accordance with Section 147(f) of the Internal Revenue Code (26 U.S.C. § 147(f)) and applicable State and federal laws and regulations. Procedures for the public hearing shall be determined by the Superintendent of Public Instruction, and the public hearing shall be conducted by the Superintendent, or his or her designee, in the county where the charter school facility is or will be located.

SECTION 9.(a)  G.S. 148‑19.3 reads as rewritten:

§ 148‑19.3.  Health care services to county prisoners.

(a)        All charges that are the responsibility of the transferring county for health care services provided to prisoners held under a safekeeping order pursuant to G.S. 162‑39 G.S. 162‑39, or the Statewide Misdemeanor Confinement Program pursuant to G.S. 148‑32.1, shall not be paid by the Department and shall be submitted by the health care provider to the Inmate Medical Costs Management Plan through the North Carolina Sheriffs' Association for the Plan to review and negotiate all charges for health care services to avoid overpayment and reduce overall health care service costs. The Department shall notify the health care provider when services are being provided to the prisoner that the invoice for health care services shall be submitted by the provider directly to the Plan. In the event an invoice is sent to the Department by a health care provider for health care services provided to a safekeeper under this section, section or G.S. 148‑32.1, the Department shall forward the invoice to the Plan within three days of receipt. All unreimbursed charges for health care services provided shall be documented and presented to the county for payment in accordance with G.S. 162‑39. G.S. 162‑39 or the Statewide Misdemeanor Confinement Program in accordance with G.S. 148‑32.1. Upon expiration of the terms of the order and a determination that the prisoner may be safely returned to the custody of the county, the Department shall notify the sheriff, or the sheriff's designee, by telephone and electronic mail and request the transfer of the prisoner to the custody of the county.

(b)        The Department shall update the medical services schedule of charges assessed to counties for the provision of health care services to county prisoners housed in the State prison system pursuant to safekeeping orders under G.S. 162‑39. G.S. 162‑39 or the Statewide Misdemeanor Confinement Program under G.S. 148‑32.1. In updating the schedule of charges, at a minimum, the Department shall consider the actual rate for services provided and current established Medicaid rates for respective services. The schedule of charges shall be updated annually and shall be included in the Department's policies and procedures. The Department shall assess charges to counties for health care services provided to county prisoners at all State prison facilities.

SECTION 9.(b)  G.S. 148‑32.1(b3) reads as rewritten:

(b3)    The custodian of a local confinement facility may request a judicial order to transfer a misdemeanant housed pursuant to the Statewide Misdemeanant Confinement Program to a facility operated by the Division of Adult Correction and Juvenile Justice by certifying in writing to the clerk of the superior court in the county in which the local confinement facility is located that:that one of the following conditions is met:

(1)        The misdemeanant poses a security risk because the misdemeanant:

a.         Poses a serious escape risk;

b.         Exhibits violently aggressive behavior that cannot be contained and warrants a higher level of supervision;

c.         Needs to be protected from other inmates, and the county jail facility cannot provide such protection;

d.         Is a female or a person 18 years of age or younger, and the county jail facility does not have adequate housing for such prisoners;

e.         Is in custody at a time when a fire or other catastrophic event has caused the county jail facility to cease or curtail operations; or

f.          Otherwise poses an imminent danger to the staff of the county jail facility or to other prisoners in the facility.

(2)        The misdemeanant requires medical or mental health treatment that the county decides can best be provided by the Division of Adult Correction and Juvenile Justice.

(3)        The local confinement facility that would be required to house the prisoner (i) cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners, or the local facility does not meet the minimum standards published pursuant to G.S. 153A‑221, and (ii) no other local confinement facility is available.

Upon receiving such request and certification in writing, any superior or district court judge for the district in which the local confinement facility is located may, after ascertaining that the request meets the criteria set forth in subdivision (1), (2), or (3) of this subsection, order the misdemeanant transferred to a unit of the State prison system designated by the Secretary of Public Safety or the Secretary's authorized representative. Individuals meeting the condition set forth in subdivision (2) of this subsection may be ordered to be transferred for an initial period not to exceed 30 days. The sheriff of the county from which the prisoner is removed shall be responsible for conveying the prisoner to the prison unit where the prisoner is to be held, and for returning the prisoner to the jail of the county from which the prisoner was transferred. The officer in charge of the prison unit designated by the Secretary of Public Safety shall receive custody of the prisoner in accordance with the terms of the order. Prior to the conclusion of the 30‑day period, the Division of Adult Correction and Juvenile Justice shall conduct an assessment of treatment and venue needs. The assessment shall be conducted by the attending medical or mental health professional and shall assess the medical and mental health needs of the prisoner and make a recommendation on whether the prisoner should remain in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or if the prisoner should be returned to the custody of the county. To extend the order beyond the initial 30‑day period, the sheriff shall provide the Division of Adult Correction and Juvenile Justice assessment and any other relevant information to the resident judge or the superior court or any judge holding superior court in the district or any district court judge who shall determine whether to extend the transfer of the prisoner to a unit of the State prison system beyond the initial 30‑day period. If the judge determines that the prisoner should remain in the custody of the Division of Adult Correction and Juvenile Justice, the judge shall renew the order and include a date certain for review by the court. Prior to the date of review, the Division shall conduct a reassessment of treatment and venue needs and the sheriff shall provide the reassessment and any other relevant information to the court, as described in this subsection. If the judge determines that the prisoner should not remain in the custody of the Division of Adult Correction and Juvenile Justice, the officer in charge of the prison unit designated by the Secretary of Public Safety shall release custody of the prisoner in accordance with the court order and the instructions of the attending medical or mental health professional. The Division of Adult Correction and Juvenile Justice shall be reimbursed from the Statewide Misdemeanant Confinement Fund for the costs of housing the misdemeanant, including the care, supervision, and transportation of the misdemeanant.

SECTION 9.(c)  This section becomes effective December 1, 2019, and applies to all prisoners transferred on or after that date.

SECTION 10.(a)  Section 4.1 of S.L. 2018‑80 reads as rewritten:

SECTION 4.1.  Sections 1.2 and 1.3 of this act become effective October 1, 2018, and apply to instruments presented for registration on or after that date. Section 2.1 of this act becomes effective December 1, 2019, and applies to deeds and deeds of trust presented for registration on or after that date. Section 2.2 of this act becomes effective December 1, 2019, and applies to all instruments entered into on or after that date. Section 3.1 of this act becomes effective October 1, 2018. The remainder of this act is effective when this act becomes law and applies to mortgages and deeds of trust entered into before, on, or after that date.

SECTION 10.(b)  G.S. 47‑17.1 reads as rewritten:

§ 47‑17.1.  Documents registered or ordered to be registered in certain counties to designate draftsman; exceptions.

The register of deeds of any county in North Carolina shall not accept for registration, nor shall any judge order registration pursuant to G.S. 47‑14, of any deeds or deeds of trust, executed after January 1, 1980, unless the first page of the deeds or deeds of trust bears an entry showing the name of either the person or law firm who drafted the instrument. This section shall not apply to other instruments presented for registration. For the purposes of this section, the register of deeds shall accept the written representation of the individual presenting the deed or deed of trust for registration, or any individual reasonably related to the transaction, including, but not limited to, any employee of a title insurance company or agency purporting to be involved with the transaction, that the individual or law firm listed on the first page is a validly licensed attorney or validly existing law firm in this State or another jurisdiction within the United States.the drafter of the deed or deed of trust. The register of deeds shall not be required to verify or make inquiry concerning the capacity or authority of the person or entity shown as the drafter on the instrument.

SECTION 11.(a)  Section 1 of S.L. 2019‑98 reads as rewritten:

SECTION 1.  During the waterfowl seasons established by the Wildlife Resources Commission, it shall be unlawful to leave unattended or unoccupied do any of the following:

(1)        Leave or place any equipment or vessels that may be used for the purpose of taking migratory waterfowl, including, but not limited to, mobile or temporary blinds, layout boats, and decoys, prior to 4:00 A.M. each day. All such unattended equipment and unoccupied vessels must be removed by between two hours after sunset and 4:00 A.M. each day unless remaining on a portion of the shoreline or attached to a dock as authorized by the owner of the shoreline or dock.

(2)        Leave unattended or unoccupied any equipment or vessels that may be used for the purpose of taking migratory waterfowl, including, but not limited to, mobile or temporary blinds, layout boats, and decoys between 4:00 A.M. and two hours after sunset each day unless remaining on a portion of the shoreline or attached to a dock as authorized by the owner of the shoreline or dock.

SECTION 11.(b)  This section is effective when it becomes law and applies to offenses committed on or after that date.

SECTION 12.(a)  Section 4(c) of S.L. 2019‑158 is repealed.

SECTION 12.(b)  G.S. 15A‑151.5(a) reads as rewritten:

(a)      Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A‑151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following:



(7a)      G.S. 15A‑145.9 Expunction of records of certain offenses committed by human trafficking victims.

….

SECTION 12.(c)  If House Bill 966, 2019 Regular Session, becomes law, then Section 15.8 is repealed.

SECTION 12.(d)  This section is effective July 1, 2019.

SECTION 13.  The lead‑in language for Section 3(e) of S.L. 2019‑176 reads as rewritten:

SECTION 3.(e)  G.S. 147‑69.2(15) is amended by adding a new subdivision to read:reads as rewritten:

SECTION 14.  Section 20(d) of S.L. 2019‑182 reads as rewritten:

SECTION 20.(d)  Subsections (a) and Subsection (a) of this section becomes effective February 1, 2020. Subsection (b) of this section become becomes effective December 1, 2019. The remainder of this section is effective when it becomes law.

SECTION 15.  Section 1 of S.L. 2019‑205 reads as rewritten:

SECTION 1.  There is created the Joint Legislative Study Committee on Small Business Retirement Options (the Committee). The Committee shall consist of 10 12 members appointed as follows:

(1)        One Representative Two Representatives appointed by the Speaker of the House of Representatives who Representatives, one of whom shall serve as a cochair to the Committee.

(2)        One Senator Two Senators appointed by the President Pro Tempore of the Senate who Senate, one of whom shall serve as a cochair to the Committee.

(3)        One Representative appointed by the Minority Leader of the House of Representatives.

(4)        One Senator appointed by the Minority Leader of the Senate.

(5)        The Treasurer or the Treasurer's designee.

(6)        The Secretary of Revenue or the Secretary's designee.

(7)        Two members of the public appointed by the Speaker of the House of Representatives, one of whom is an individual representing an organization for older adults and one of whom is a retiree with professional knowledge of and experience working in the private retirement services industry.

(8)        Two members of the public appointed by the President Pro Tempore of the Senate, one of whom is a business owner and one of whom is a labor advocate.

SECTION 16.  If Senate Bill 553, 2019 Regular Session, becomes law, then the header for Section 26 reads as rewritten:

ALLOW CERTAIN USES USE OF FLOOD HAZARD AREAS WITH NO‑RISE CERTIFICATIONSFOR AQUACULTURE IN CERTAIN CIRCUMSTANCES

SECTION 17.  Notwithstanding any provision of law to the contrary, and by July 1, 2020, the Administrative Office of the Courts shall expand access to its automated electronic information management system for juvenile courts, JWise, to include legal assistants in district attorney offices. Access shall be limited to examining electronic records related to juvenile delinquency information. Other information contained in JWise, such as any records pertaining to abuse, neglect, and dependency or termination of parental rights, shall not be made available to a legal assistant through JWise.

SECTION 18.(a)  The Department of Transportation shall defend, indemnify, and hold harmless both of the following:

(1)        The City of Wilmington against any claims, civil actions, and proceedings related to or arising out of the City of Wilmington's adoption, filing, or amendment of a transportation corridor official map pursuant to Article 2E of Chapter 136 of the General Statutes.

(2)        The Wilmington Urban Area Metropolitan Planning Organization and its members against any claims, civil actions, and proceedings related to or arising out of the Wilmington Urban Area Metropolitan Planning Organization's adoption, filing, or amendment of a transportation corridor official map pursuant to Article 2E of Chapter 136 of the General Statutes.

SECTION 18.(b)  This section is effective June 21, 2019.

SECTION 18A.(a)  The funds allocated to Big Brothers Big Sisters, Triangle Residential Options for Substances Abusers, Inc. (TROSA), and the Boys and Girls Clubs under Section 11A.14(e) of S.L. 2017‑57, and the funds allocated to Cross Trail Outfitters under Section 11A.14(e1) of S.L. 2017‑57, as amended by Section 11A.4 of S.L. 2018‑5, shall be allocated to the same recipients and in the same amounts for the 2019‑2020 fiscal year.

SECTION 18A.(b)  If House Bill 966, 2019 Regular Session becomes law, then this section is repealed.

SECTION 19.  G.S. 143B‑135.234(c)(1), as amended by S.L. 2019-32, reads as rewritten:

(1)      To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.

SECTION 20.  Except as otherwise provided, this act is effective when it becomes law.