5/14/2020
The Daily Bulletin: 2020-05-14 | Legislative Reporting Service
GOVERNMENT
The Daily Bulletin: 2020-05-14
PUBLIC/HOUSE BILLS
H 1072 (2019-2020) GSC TECHNICAL CORRECTIONS 2020. Filed May 14 2020, AN ACT TO MAKE TECHNICAL CORRECTIONS
TO THE GENERA L STA TUTES A ND SESSION LA 1 VS AND TO PRO VIDE THA T THE REGISTER OF DEEDS DOES NO T NEED TO
VERIFY THE CAPACITY OR A UTHORITY OF THE PERSON LISTED
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THE DRA FTER OF A DEED OR DEED OF TRUST AS
RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Amends GS 28A-2-6, regarding transfers of estate proceedings, to consistently refer to "estate proceeding" rather than "trust"
throughout.
Amends GS 36C-8B-13, regarding special-needs fiduciary authority, to no longer specify that the fiduciary's decanting power
is subject to expanded distributive discretion.
Changes the title of Article 49, GS Chapter 58. to no longer include the regulation of multiple employer welfare arrangements.
Makes technical changes to statutory cross references in GS 58-50-40. GS 58-51-55, GS 58-65-90. and GS 58-67-75. Makes
technical change to GS 58-50- 1 1 5.
Corrects an Article cross-reference in GS 58-50-61 .
Changes the title of GS 58-50A-60.
Corrects an internal subsection cross-reference and makes technical and clarifying changes to GS 75A-5.
Corrects a state agency name in GS 1 36-44. 2E.
Amends SL 2018-80 to change the effective dates of Section 2.1 of the act (amending GS 47-17. 1 concerning the designation
of draftsmen of registered documents) to July 1, 2020, applicable to deeds and deeds of trust presented for registration on or
after that date, and Section 2.2 of the act (amending GS 47-18.3 concerning the execution of corporate instruments) to July 1,
2020. applicable to all instruments entered into on or after that date. Both Sections 2.1 and 2.2 of the act are effective as of
June of2018 under the existing effective date provisions of SL 2018-80.
Amends GS 47-1 7. 1 to no longer require the register of deeds to verify or make inquiry concerning the capacity or authority of
the person or entity shown as the drafter on the instrument (thereby eliminating language added by SL 2018-80).
Amends SL 2019-1 13 to require the Re visor of Statutes to print all explanatory comments of the drafters of Sections 5 and 6 of
the act at the discretion of the Re visor. Sections 5 and 6 amend GS 36C-2-203 and GS 36C-4-41 1 concerning modification of a
trust to remove and replace trustees.
Repeals Section 4(c) of SL 2019-158, which amended GS 1 5 A- 151.5 to include expunction records of certain offenses
committed by human trafficking victims among the confidential files that the Administrative Office of the Courts must make
electronically available to prosecutors if expunged after July 1, 2018, effective December 1, 2019. and applicable to petitions
filed on or after that date. Instead, amends GS I5A-1 51 .5 to enact an identical provision, effective retroactively to December 1.
2019 (with no scope of application provided).
Makes a technical change to the introductory language in Section 3(e) of SL 2019-176. Makes conforming technical correction
to repeal GS 147-69.2(a)(15a). Effective July 1. 2020.
Intro, by Davis.
GS ISA, GS 28A, GS 36C, GS 47, GS 58, GS 75A, GS 136, GS
147
View summary
Business and Commerce, Courts/Judiciary, Civil, Civil Law,
Criminal Justice, Criminal Law and Procedure, Education,
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