NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION
CHAPTER 1093
SENATE BILL 595
AN ACT TO MAKE CERTAIN TECHNICAL CORRECTIONS IN THE GENERAL STATUTES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 55-137(c)(2) is hereby amended by inserting after the word "only" the word "under" so that G.S. 55-137(c)(2) shall read as follows:
"(2) If the foreign corporation agrees in its application for certificate of authority to do business in this State only under an assumed name that would be available for use in this State, in which event such corporation shall thereafter comply with all of the provisions of law, including the provisions of G.S. 66-68 through G.S. 66-71, relating to doing business under an assumed name and such assumed name shall be deemed to be the name of such foreign corporation in this State and shall be entitled to the same protection under this chapter as if it were the name of such foreign corporation."
Sec. 2. G.S. 93D-6 is hereby amended by revising the second sentence thereof by inserting the words "submit to" before the words "any examination" and the word "other" before the word "procedure" therein so that G.S. 93D-6 shall read as follows:
"§ 93D-6. Persons selling in other jurisdictions. — Whenever the Board determines that another state or jurisdiction has requirements at least equivalent to those in effect pursuant to this chapter for the fitting and selling of hearing aids, and that such state or jurisdiction has a program at least equivalent to the program for determining whether applicants pursuant to this Article are qualified to sell and fit hearing aids, the Board may issue, but is not compelled to issue, licenses to applicants therefor who hold current, unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in such other state or jurisdiction. No such applicant shall be required to submit to any examination or other procedure required by G.S. 93D-5, except that he shall pay a fee of fifty dollars ($50.00) to the Board upon application. Such applicant must have one full year of experience satisfactory to the Board before issuance of the license."
Sec. 3. G.S. 1-183.1 is hereby amended by deleting the word "nonsuit" in lines 1 and 2 thereof and substituting therefor the word "dismissal" and by deleting the reference to "G.S. 1-137" and substituting therefor the words "G.S. 1A-1, Rule 13" so that G.S. 1-183.1 shall read as follows:
"§ 1-183.1. Effect on counterclaim of nonsuit as to plaintiff’s claim. — The granting of a motion by the defendant for judgment of dismissal as to the plaintiffs cause of action shall not amount to the taking of a voluntary dismissal on any counterclaim which the defendant was required or permitted to plead pursuant to G.S. 1A-1, Rule 13."
Sec. 4. G.S. 160-141 as amended by Chapter 1065 of the 1969 Session Laws, and subsequently repealed by Chapter 1229 of the 1969 Session Laws, is hereby re-enacted to read as follows:
"§ 160-141. Restrictions within primary fire limits. — Within the primary fire limits of any city or town, as established and defined by ordinance, no frame or wooden building or structure or addition thereto shall hereafter be erected, altered, repaired, or moved (either into such limits or from one place to another within the limits), except upon the permit of the local inspection department approved by the Commissioner of Insurance. The local governing body may make such additional regulations as it shall deem necessary for the prevention, extinguishment, or mitigation of fires within such limits."
Sec. 5. G.S. 160-166.10 as the same appears in the 1969 Cumulative Supplement to Volume 3D of the General Statutes is hereby amended by deleting from the second paragraph thereof the word "and" at the beginning of the fifth line thereof and by deleting the word "in" in line six thereof so that G.S. 160-166.10 shall read as follows:
"§ 160-166.10. Authority, rights, privileges and immunities of counties, etc., performing services under Article. — Any county, municipal corporation or recreation district performing any of the services authorized by this Article shall be subject to the same authority and immunities as a county would enjoy in the operation of a county recreation system within the county, or a municipal corporation would enjoy in the operation of a recreation system within its corporate limits.
Members of any county, municipal or recreation district shall have all of the immunities, privileges and rights, including coverage by workmen's compensation insurance, when performing any of the functions authorized by this Article, as members of a county recreation system would have in performing their duties for a county, or as members of a municipal recreation system would have in performing their duties for and within the corporate limits of the municipal corporation."
Sec. 6. G.S. 162A-4 is hereby rewritten to read as follows:
"§ 162A-4. Withdrawal from authority; joinder of new subdivision. — (a) Whenever an authority has been organized under the provisions of this chapter, any political subdivision may withdraw therefrom at any time prior to the creation of any obligations by the authority, and any political subdivision not having joined in the original organization may, with the consent of the authority, join the authority; provided, that any political subdivision not having joined the original organization shall have the right upon reasonable terms and conditions, whether the authority shall consent thereto or not, to join the authority if the authority's water system or sewer system, or any part thereof is situated within the boundaries of the political subdivision or of the county within which the political subdivision is located.
(b) Any political subdivision desiring to withdraw from or to join an existing authority shall signify its desire by resolution adopted after a public hearing thereon, notice of which hearing shall be given in the manner and at the time provided in G.S. 162A-3. Such notice shall contain a brief statement of the substance of said resolution and shall state the time and place of the public hearing to be held thereon. In the case of a political subdivision desiring to join the authority, the resolution shall set forth all of the information required under G.S. 162A-3 in connection with the original organization of the authority, including the name and address of the first member of the authority from the joining political subdivision.
(c) A certified copy of each such resolution signifying the desire of a political subdivision to withdraw from or to join an existing authority, together with proof of publication of the notice of hearing on each such resolution and, in cases where such resolution provides for the political subdivision joining the authority, certified copies of the resolution of the governing bodies creating the authority consenting to such joining shall be filed with the Secretary of State of North Carolina. If the Secretary of State finds that the resolutions conform to the provisions of this chapter and that the notices of hearing were properly published, he shall file such resolutions and proofs of publication in his office and shall issue a certificate of withdrawal, or a certificate of joinder, as the case may be, and shall record the same in an appropriate book of record in his office. The withdrawal or joining shall become effective upon the issuance of such certificate, and such certificate shall be conclusive evidence thereof."
Sec. 7. G.S. 164-13(a)(1) is hereby amended by deleting the reference to "§ 114-9(c)" and substituting therefor the words: "G.S. 114-9(3)" so that G.S. 164-13(a)(l) shall read as follows:
"§ 164-13. Duties; use of funds. — (a) It shall be the duty of the Commission:
(1) To advise and cooperate with the Division of Legislative Drafting and Codification of Statutes of the Department of Justice in the work of continuous statute research and correction for which the Division is made responsible by G.S. 114-9(3)."
Sec. 8. G.S. 90-113.13 is hereby amended by deleting the word "or" following the word "inmate" in the first line thereof and substituting therefor the word "of" so that G.S. 90‑113.13 shall read as follows:
"§ 90-113.13. Furnishing poison, narcotics, deadly weapons, cartridges or ammunition to inmates of charitable or penal institutions. — If any person shall give or sell to any inmate of any charitable or penal institution, or if any person shall combine, confederate, conspire, aid, abet, solicit, urge, investigate, counsel, advise, encourage, attempt to procure, or procure another or others to give or sell to any inmate of any charitable or penal institution, any deadly weapon, or any cartridge or ammunition for firearms of any kind, or any narcotic, poison or poisonous substance, except upon the prescription of a physician, he shall be guilty of a felony and upon conviction thereof shall be fined or imprisoned in the State's prison for not more than ten years in the discretion of the court; and if he be an officer or employee of any institution of the State, he shall be dismissed from his position or office."
Sec. 9. G.S. 150-9 is hereby amended by deleting from lines 2 and 3 the words, "State Board of Architectural Examination and Registration", and substituting therefor the words, "North Carolina Board of Architecture"; by deleting from lines 14 and 15 the words, "North Carolina Board of Veterinary Medical Examiners", and substituting therefor the words, "North Carolina Veterinary Medical Board"; by deleting the word "and" from lines 18 and 20 thereof and inserting in each place a comma; and by changing the period at the end thereof to a comma and adding thereafter the words, "and the North Carolina Board of Landscape Architects." so that G.S. 150-9 shall read as follows:
"§ 150-9. Definition of 'board'. — As used in this chapter the term 'board' shall mean the State Board of Certified Public Accountant Examiners, the North Carolina Board of Architecture, the State Board of Barber Examiners, the State Board of Chiropody Examiners, the North Carolina State Board of Chiropractic Examiners, the North Carolina Licensing Board for Contractors, the North Carolina State Board of Cosmetic Art Examiners, the Board of Examiners of Electrical Contractors, the State Board of Embalmers and Funeral Directors, the State Board of Registration for Engineers and Land Surveyors, the North Carolina Board of Nurse Examiners, and the North Carolina Board of Nurse Examiners Enlarged, the North Carolina Board of Opticians, the North Carolina State Board of Examiners in Optometry, the North Carolina State Board of Osteopathic Examination and Registration, the State Board of Examiners of Plumbing and Heating Contractors, the State Examining Committee of Physical Therapists, the Board of Examiners for Licensing Tile Contractors, the North Carolina Veterinary Medical Board, the North Carolina State Board of Dental Examiners, the North Carolina Real Estate Licensing Board, the State Board of Refrigeration Examiners, the North Carolina State Board of Examiners for Nursing Home Administrators, the North Carolina State Board of Examiners of Practicing Psychologists, the Water Treatment Facility Operators Board of Certification, the Wastewater Treatment Plant Operators Board of Certification, and the North Carolina Board of Landscape Architects."
Sec. 10. G.S. 59-19(e) is hereby amended by deleting from the second line thereof the word "approximately" and substituting therefor the word "appropriately" so that G.S. 59‑19(e) shall read as follows:
"(e) An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with G.S. 59-25."
Sec. 11. G.S. 105-269.2 is hereby amended by deleting the reference to "105-134" in lines 4 and 13 thereof and substituting therefor the words "105-130.4" so that G.S. 105‑269.2 reads as follows:
"§ 105-269.2. Tax Review Board. — The Director of the Department of Tax Research, ex officio, the State Treasurer, ex officio, and the chairman of the Utilities Commission, ex officio, are hereby constituted the Tax Review Board. Provided, that for the purposes stated in G.S. 105-122 and G.S. 105-130.4, and for those purposes only, the Commissioner of Revenue, ex officio, shall also be a member of said Board. The State Treasurer, ex officio, shall be chairman of the Board.
The chairman or any two members, upon five days' notice, may call a meeting of the Board; provided, any member of the Board may waive notice of a meeting and the presence of a member of the Board at any meeting shall constitute a waiver of the notice of said meeting. A majority of the members of the Board shall constitute a quorum, and any act or decision of a majority of the members shall constitute an act or decision of the Board, except for the purposes and under the conditions of the provisions of G.S. 105-122 and G.S. 105-130.4.
The Tax Review Board may employ a secretary and such clerical assistance as it deems necessary for the proper performance of its duties. All expenses of the Board shall be paid from sums appropriated from the contingency and emergency fund to the use of said Board. If the full time of such secretary and clerical staff should not be needed in connection with the duties of such Board, such secretary and staff can be assigned by the Board to other duties related to the tax program of the State.
The regular sessions of the Tax Review Board shall be held in the city of Raleigh at the offices provided for the Board by the Superintendent of Public Buildings and Grounds. The Board may in its discretion, hold other meetings at any place in the State."
Sec. 12. G.S. 14-32(a) is hereby amended by deleting from the third line thereof the word "inflict" and substituting therefor the word "inflicts".
Sec. 13. G.S. 48-7(b) is hereby amended by deleting from the seventh line thereof the reference to "G.S. 1-104" and substituting therefor the words "G.S. 1A-1, Rule 4" and G.S. 48-7(c) is hereby amended by deleting from the sixth line thereof the reference to "G.S. 1-98 et seq." and substituting therefor the words "G.S. 1A-1, Rule 4" so that G.S. 48-7(b) and (c) read as follows:
"(b) In any case where the parents or surviving parent or guardian of the person of the child whose adoption is sought are necessary parties and their address is known, or can by due and diligent search be ascertained, that fact must be made known to the court by proper allegation in the petition or by affidavit and service of process must be made upon such person as provided by law for service of process on residents of the State or by service of process on nonresidents as provided in G.S. 1A-1, Rule 4; provided, however, that service of process upon such person shall not be necessary if he or she has given written consent, duly acknowledged, to the adoption sought in the proceeding.
(c) If the address of such person cannot be ascertained for the purpose of service of process or service of process cannot be made as hereinbefore provided, that fact must be made known to the court by proper allegation in the petition or by affidavit to the effect that after due and diligent search such person cannot be found for the purpose of service of process. Service of process upon such person may then be made by publication of summons as provided by G.S. 1A-1, Rule 4, and as provided by law."
Sec. 14. G.S. l-440.7(a)(2)a. is hereby amended by deleting from the second line thereof the reference to "Rule 4(j)(l)a. or b." and substituting therefor the words "Rule 4(j)(9)a. or b." so that G.S. l-440.7(a)(2)a. shall read as follows:
"Service of the summons outside the State, in the manner provided by Rule 4(j)(9)a. or b. of the Rules of Civil Procedure, must be had within thirty days after the issuance of the order of attachment, or".
Sec. 15. G.S. l-440.7(a)(2)b. is hereby amended by deleting from the fourth line thereof the reference to "Rule 4(j)(l)c." and substituting therefor the words "Rule 4(j)(9)c." so that G.S. l-440.7(a)(2)b. shall read as follows:
"Service by publication must be commenced not later than the thirty-first day after the issuance of the order of attachment. If publication is commenced, such publication must be completed as provided by Rule 4(j)(9)c. of the Rules of Civil Procedure unless the defendant appears in the action or unless personal service is had on him within the State."
Sec. 16. G.S. 90-220.11 is hereby amended by deleting from the first line thereof the word "individual" and substituting therefor the word "person" and by deleting from the third line thereof the word "individual" and substituting therefor the word "donor" so that G.S. 90-220.11 shall read as follows:
"§ 90-220.11. Giving of blood by persons 18 years of age or more. — Any person who is 18 years of age or more may give or otherwise donate his blood to any individual, hospital, blood bank or blood collection center without the consent of the parent or parents or guardian of such donor."
Sec. 17. G.S. 1-394 is hereby amended by deleting the words ", whether by the sheriff or by publication," from the fifth sentence thereof so that the fifth sentence shall read as follows:
"The manner of service shall be as is prescribed for summons in civil actions by Rule 4 of the Rules of Civil Procedure: Provided, where the defendant is an agency of the federal government, or an agency of the State, or a local government, or an agency of a local government, the time for filing answer or other plea shall be within thirty (30) days after the date of service of summons or after the final determination of any motion required to be made prior to the filing of an answer."
Sec. 18. G.S. 40-14 is hereby amended and rewritten to read as follows:
"§ 40-14. Service where parties unknown. — If the person on whom such service of summons and petition is to be made is unknown, or his residence is unknown and cannot by reasonable diligence be ascertained, then such service may be made under the direction of the court, by publishing a notice, stating the time and place within which such person must appear and plead, the object thereof, with a description of the land to be affected by the proceedings, in accordance with the provisions of G.S. 1A-1, Rule 4(j)(9)c."
Sec. 18.1. Chapter 416 of the 1971 Session Laws, effective October 1, 1971, is hereby amended by deleting from line 7 thereof the word "at".
Sec. 19. G.S. 1-98.1, G.S. 1-98.2, G.S. 1-98.3, G.S. 1-98.4, G.S. 1-99.1, G.S. 1‑99.2, G.S. 1-99.3 and G.S. 1-99.4 are hereby repealed.
Sec. 20. All laws and clauses of laws in conflict with this act are hereby repealed.
Sec. 21. This act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 21st day of July, 1971.