New state laws go into effect Wednesday

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You can go here to see all the work the North Carolina General Assembly has done this year and find links to all the bills listed below. Here’s a run-down of what takes effect on Wednesday. 

One other change I didn’t see listed here — state sales tax will increase from 6.75 percent to 7 percent.

The following public law provisions were enacted during the 2007- 

2008 Session with an effective date of October 1, 2008. 

S.L. 2007-323 (HB 1473) 2007 Appropriations Act. 

AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF 

STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES. 

[See Sections 6.22(a) & (c), 10.39A(a)(2), 31.16.3(a)-(b) & (d)-(j)] 


S.L. 2007-503 (HB 679) Safety/Emission Inspection Changes. 

AN ACT TO CHANGE ARTICLE 3A OF CHAPTER 20, SAFETY AND EMISSIONS 

INSPECTION PROGRAMS, TO ALLOW FOR ELECTRONIC INSPECTION PROCESSES AND 

AUTHORIZATION. [Entire Act] 


S.L. 2007-546 (SB 668) Energy Conservation in State Buildings. 

AN ACT TO PROMOTE THE CONSERVATION OF ENERGY AND WATER — — USE IN STATE, 

UNIVERSITY, AND COMMUNITY COLLEGE BUILDINGS. 

[See Sections 1 & 6] 


S.L. 2008-12 (HB 724) Use of SSN on Child Support Orders. 

AN ACT TO NO LONGER REQUIRE THE — — USE OF SOCIAL SECURITY NUMBERS ON 

NORTH CAROLINA CHILD SUPPORT COURT ORDERS. 

[Entire Act] 


S.L. 2008-36 (HB 2287) Service of process/Electronic or Fax Receipt. 

AN ACT TO EXPRESSLY AUTHORIZE THE — — USE OF ELECTRONIC OR FACSIMILE 

RECEIPTS UNDER RULE 4 OF THE RULES OF CIVIL PROCEDURE WHEN SERVICE OF 

PROCESS IS PROVIDED BY A DESIGNATED PRIVATE DELIVERY SERVICE, AND TO MAKE 

CONFORMING CHANGES REGARDING PROOF OF SERVICE, AS RECOMMENDED BY THE 

GENERAL STATUTES COMMISSION. 

[Entire Act] 


S.L. 2008-37 (HB 2178) Electronic Voting for Nonprofits. 

AN ACT TO AUTHORIZE NONPROFIT CORPORATIONS TO ALLOW CERTAIN VOTES BY 

ELECTRONIC TRANSMISSION, AS RECOMMENDED BY THE GENERAL STATUTES 

COMMISSION. [Entire Act] 


S.L. 2008-87 (HB 2390) Raise Ceiling on Personal Prop. Sale/Guardian. 

AN ACT TO RAISE THE CEILING ON THE TOTAL AMOUNT OF PERSONAL PROPERTY A 

GUARDIAN IS ALLOWED TO SELL WITHOUT A COURT ORDER UNDER THE LAWS 

PERTAINING TO GUARDIANSHIP, AS RECOMMENDED BY THE HO– — USE STUDY 

COMMITTEE ON STATE GUARDIANSHIP LAWS AND THE STUDY COMMISSION ON 

AGING. [Entire Act] 


S.L. 2008-107 (HB 2436) Modify Appropriations Act of 2007. 

AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL APPROPRIATIONS ACT 

OF 2007, TO AUTHORIZE INDEBTEDNESS FOR CAPITAL PROJECTS, AND TO MAKE 

VARIOUS TAX LAW AND FEE CHANGES. 

[See Sections 13.6A & 19.3]

S.L. 2008-111 (SB 1631) Electronic Voting/Open Meetings. 

AN ACT TO CLARIFY HOW PUBLIC BODIES IN HYDE COUNTY MAY CONDUCT BUSINESS 

DURING MEETINGS INVOLVING SIMULTANEOUS COMMUNICATION. 

[Entire Act] 


S.L. 2008-118 (HB 2438) 2008 Budget Technical Corrections. 

AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE 

STATE BUDGET. 

[See Sections 3.13(b), amending section 10.15A of S.L. 2008-107 & 4.1] 


S.L. 2008-120 (SB 175) Interstate Wildlife Violator Compact. 

AN ACT TO ENACT THE INTERSTATE WILDLIFE VIOLATOR COMPACT IN NORTH 

CAROLINA. [Entire Act] 


S.L. 2008-124 (HB 738) Insurance Changes. 

AN ACT TO REQUIRE UNINSURED AND UNDERINSURED MOTORIST COVERAGE; MAKE 

TECHNICAL CHANGES TO INSURANCE FINANCIAL PROVISIONS; AMEND THE 

UNAUTHORIZED INSURER LAWS; MAKE TECHNICAL CHANGES TO THE RATE EVASION 

LAW TO CLARIFY THAT IT APPLIES ONLY TO PRIVATE PASSENGER VEHICLES AND TO 

ADD A TERMINATION RESTRICTION CONSISTENT WITH G.S. 58-37-50 TO CLARIFY 

THAT THE RATE EVASION LAW APPLIES TO CEDED AND UNCEDED POLICIES; REVISE 

MANAGED CARE AND HMO RECORD RETENTION LAWS; MAKE CHANGES TO THE 

HEALTH INSURANCE RISK POOL LAWS; STRENGTHEN PROFESSIONAL EMPLOYER 

ORGANIZATION PROTECTIONS; MAKE CHANGES TO THE LAW GOVERNING THE CODE 

OFFICIALS QUALIFICATION BOARD; PROHIBIT FREE INSURANCE; AND TO MAKE 

OTHER MISCELLANEOUS CHANGES. 

[See Sections 6.1-7.4, 9.1 & 12.1] 


S.L. 2008-133 (HB 1624) Frequency of Parole Reviews. 

AN ACT TO LIMIT THE FREQUENCY OF PAROLE REVIEWS FOR INMATES CONVICTED 

OF MURDER. [Entire Act] 


S.L. 2008-134 (SB 1704) Rev Laws Tech., Clarifying & Admin Changes. 

AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE 

TAX AND RELATED LAWS. [See Sections 14(a) & (d), 15(a) & (j) & 79] 

S.L. 2008-143 (HB 2499) Drought/Water Management Recommendations. 

AN ACT TO IMPROVE DROUGHT PREPAREDNESS AND RESPONSE IN NORTH 

CAROLINA, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 

[See Sections 1, 2, 19 & 21] 


S.L. 2008-150 (SB 1263) Election Law Amendments 

AN ACT TO ESTABLISH THE JOINT LEGISLATIVE ELECTIONS OVERSIGHT COMMITTEE; 

TO CLARIFY THE NEW ELECTION STATUTE AS IT APPLIES TO MULTISEAT RACES; TO 

REAUTHORIZE THE PILOT PROGRAM FOR INSTANT RUNOFF VOTING; TO AMEND THE 

STATUTE CONCERNING NOTICE OF AN ELECTION-PROTEST ORDER AND THE TIMING 

OF APPEAL; TO CLARIFY THE MEANING OF THE TERM “ELECTION” FOR PURPOSES OF 

THE THIRTY-DAY RESIDENCE REQUIREMENT FOR VOTING; TO RESPOND TO THE

DECISION OF THE 4TH CIRCUIT U.S. COURT OF APPEALS IN NORTH CAROLINA RIGHT 

TO LIFE V. LEAKE; TO REPLACE THE TWENTY-ONE-DAY CONTRIBUTION EMBARGO IN 

THE JUDICIAL PUBLIC CAMPAIGN PROGRAM WITH AN EXPEDITED RELEASE OF 

MATCHING FUNDS; TO EXEMPT CERTAIN SALES OF GOODS OR SERVICES BY 

POLITICAL PARTY EXECUTIVE COMMITTEES FROM CERTAIN CONTRIBUTION 

REQUIREMENTS; TO REQUIRE ALL TREASURERS TO REPORT ACCORDING TO THE 

MUNICIPAL CAMPAIGN REPORTING SCHEDULE IF THEIR CANDIDATES OR 

COMMITTEES PARTICIPATE IN MUNICIPAL ELECTIONS; TO PROHIBIT COMMINGLING 

OF CAMPAIGN FUNDS; TO REQUIRE THAT NEW-PARTY CANDIDATES BE REGISTERED 

WITH THE PARTY; TO AMEND THE REPORTING REQUIREMENT FOR MATCHING FUNDS 

IN PUBLIC FINANCING PROGRAMS; TO LIMIT THE PROHIBITION IN THE 

ELECTIONEERING COMMUNICATIONS STATUTES; AND TO REQUIRE 

FORTY-EIGHT-HOUR REPORTS FOR ANY CONTRIBUTION OF LATE CONTRIBUTIONS OF 

MORE THAN ONE THOUSAND DOLLARS, REGARDLESS OF THE SOURCE; AND TO MAKE 

RELATED CHANGES. 

[See Sections 4, 11 & 12] 


S.L. 2008-152 (SB 1885) Promote Private Compensatory Mitigation. 

AN ACT TO PROMOTE COMPENSATORY MITIGATION BY PRIVATE MITIGATION BANKS, 

AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 

[Entire Act] 


S.L. 2008-169 (HB 2492) Amend Release of Juvenile Escape Info. 

AN ACT TO AMEND THE REQUIREMENTS FOR RELEASE OF JUVENILE IDENTIFICATION 

UPON ESCAPE FROM CUSTODY, BASED ON RECOMMENDATIONS BY THE JOINT 

LEGISLATIVE CORRECTIONS, CRIME CONTROL, AND JUVENILE JUSTICE OVERSIGHT 

COMMITTEE. [Entire Act] 


S.L. 2008-170 (HB 1113) State Tort Claims/Public Duty Doctrine. 

AN ACT TO LIMIT THE — — USE OF THE PUBLIC DUTY DOCTRINE AS AN AFFIRMATIVE 

DEFENSE FOR CLAIMS UNDER THE STATE TORT CLAIMS ACT IN WHICH THE INJURIES 

OF THE CLAIMANT ARE THE RESULT OF THE ALLEGED NEGLIGENT FAILURE OF 

CERTAIN PARTIES TO PROTECT CLAIMANTS FROM THE ACTION OF OTHERS. 

[Entire Act] 


S.L. 2008-177 (HB 2353) Irrigation Contractors Licensure/Fees. 

AN ACT TO AUTHORIZE THE LICENSURE OF IRRIGATION CONTRACTORS AND TO ADD 

TWO MORE LEGISLATIVE APPOINTMENTS TO THE NORTH CAROLINA APPRAISAL 

BOARD. [See Section 7] 


S.L. 2008-178 (HB 2341) Child Passenger Safety Technician Liability. 

AN ACT TO LIMIT LIABILITY FOR THE ACTS OF CERTIFIED CHILD PASSENGER SAFETY 

TECHNICIANS AND SPONSORING ORGANIZATIONS OF CHILD SAFETY SEAT 

EDUCATIONAL AND CHECKING PROGRAMS WHEN TECHNICIANS AND SPONSORING 

ORGANIZATIONS ARE ACTING IN GOOD FAITH AND CHILD SAFETY SEAT 

INSPECTIONS, INSTALLATION, ADJUSTMENT, OR EDUCATION PROGRAMS ARE 

PROVIDED WITHOUT FEE OR CHARGE, AS RECOMMENDED BY THE CHILD FATALITY 

TASK FORCE. [Entire Act]

S.L. 2008-182 (HB 2391) No Auto. Revoke/Driv. Lic./Incompetent Person. 

AN ACT AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO CONSIDER 

RECOMMENDATIONS FROM THE CLERK OF COURT IN DETERMINING WHETHER TO 

REVOKE THE DRIVERS LICENSE OF A PERSON ADJUDICATED INCOMPETENT UNDER 

THE GUARDIANSHIP LAWS, AS RECOMMENDED BY THE STUDY COMMISSION ON 

AGING. [Entire Act] 


S.L. 2008-188 (SB 1627) Certified Retirement Community Program. 

AN ACT TO CREATE THE NORTH CAROLINA RETIREMENT COMMUNITY PROGRAM. 

[See Sections 2 & 3] 


S.L. 2008-190 (SB 1787) Vehicle Registration/Inspection Changes. 

AN ACT TO MAKE CHANGES TO THE LAWS GOVERNING VEHICLE REGISTRATION AND 

INSPECTION, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION 

OVERSIGHT COMMITTEE. [Entire Act] 


S.L. 2008-194 (HB 545) Clarify and Amend Various Provisions. 

AN ACT TO: (1) PROVIDE THE HOUSING FINANCE AGENCY TWO ADDITIONAL POWERS 

CONCERNING REAL PROPERTY AND SERVICES RETAINED FOR ISSUANCE OF BONDS; 

(2) AUTHORIZE A ONETIME BULK UPDATE OF REGISTERED AGENT INFORMATION; (3) 

AMEND THE LIST OF ENTITIES INCLUDED AS “ESTABLISHED LEGAL SERVICES 

PROGRAMS” TO WHICH THE NORTH CAROLINA STATE BAR MAY ALLOCATE FUNDS 

UNDER THE ACCESS TO CIVIL JUSTICE ACT AND THE DOMESTIC VIOLENCE 

ASSISTANCE ACT; (4) VALIDATE CERTAIN NOTARIAL ACTS FILED IN THE 

MECKLENBURG COUNTY REGISTER OF DEEDS OFFICE; (5) VALIDATE CERTAIN 

NOTARIAL ACTS PERFORMED ON OR BEFORE MAY 1, 2008; (6) MAKE A TECHNICAL 

CHANGE TO THE NAME OF THE NORTH CAROLINA STATE ART SOCIETY; (7) MAKE 

VARIOUS CHANGES RELATED TO THE VERIFICATION, RECORDATION, AND INDEXING 

OF DOCUMENTS PRESENTED TO REGISTERS OF DEEDS; (8) CLARIFY SCOPE OF 

AUTHORITY TO IMPOSE SANCTIONS IN MEDIATED SETTLEMENT CONFERENCES; (9) 

PROVIDE AN EXTENSION OF TIME FOR THE REALIGNMENT OF BUDGETS WITHIN THE 

DEPARTMENT OF PUBLIC INSTRUCTION; (10) AUTHORIZE INCREASED DORMITORY 

CAPACITY IN CERTAIN COUNTY DETENTION FACILITIES; AND (11) AUTHORIZE THE 

STATE TREASURER TO DISCLOSE THE NAMES AND ADDRESSES OF RETIRED STATE 

AND LOCAL EMPLOYEES TO CERTAIN ORGANIZATIONS. 

[See Sections 7(a) & (c) & 12] 


S.L. 2008-198 (SB 845) Amend Environmental Laws/Env. Tech. Corrections 

2008. 

AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO: 

(1) PROVIDE THAT PRIVATE DRINKING WATER WELLS ARE TO BE TESTED FOR 

CERTAIN ADDITIONAL PARAMETERS; (2) AUTHORIZE THE BOARD OF AGRICULTURE 

TO ADOPT RULES GOVERNING EUTHANASIA OF ANIMALS; (3) RENAME THE BLUE 

CRAB RESEARCH PROGRAM THE BLUE CRAB AND SHELLFISH RESEARCH PROGRAM; (4) 

CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION OR ANY OTHER UNIT OF 

GOVERNMENT SHALL MAKE OYSTER SHELLS AVAILABLE TO THE DIVISION OF MARINE 

FISHERIES OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 

WITHOUT REMUNERATION; (5) SPECIFY THAT THE ENVIRONMENTAL MANAGEMENT

COMMISSION MAY NOT BEGIN THE PROCEDURE TO ADOPT A TEMPORARY OR 

PERMANENT RULE THAT GOVERNS THE MANAGEMENT OF STORMWATER RUNOFF IN 

THE COASTAL COUNTIES PURSUANT TO SUBDIVISIONS (1) AND (3) OF 

G.S. 143-214.7(B) PRIOR TO 1 OCTOBER 2011, SPECIFY THAT ANY SUCH ADDITIONAL 

RULES SHALL NOT BECOME EFFECTIVE PRIOR TO 1 OCTOBER 2013, AND SPECIFY 

THAT RULES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION 

PURSUANT TO ANY OTHER STATE STATUTORY AUTHORITY THAT GOVERN THE 

MANAGEMENT OF STORMWATER RUNOFF IN THE COASTAL COUNTIES SHALL NOT 

BECOME EFFECTIVE IN THE COASTAL COUNTIES PRIOR TO 1 OCTOBER 2011; (6) 

CLARIFY THE PROCEDURE FOR RECORDATION OF RESTRICTIONS AND PROTECTIVE 

COVENANTS THAT SPECIFY CERTAIN COASTAL STORMWATER MANAGEMENT 

REQUIREMENTS; (7) PROVIDE THAT A PERSON WHO BECOMES THE OWNER OR 

OPERATOR OF A COMMERCIAL PETROLEUM UNDERGROUND STORAGE TANK MAY PAY, 

UNDER PROTEST, UNPAID ANNUAL OPERATING FEES THAT WERE THE OBLIGATION 

OF A PREVIOUS OWNER OR OPERATOR FOR THE PURPOSE OF OBTAINING AN 

OPERATING PERMIT FOR THE UNDERGROUND STORAGE TANKS, REQUIRE THE 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO DILIGENTLY SEEK TO 

COLLECT UNPAID FEES FROM THE PERSON WHO WAS ORIGINALLY RESPONSIBLE FOR 

PAYMENT, AND PROVIDE THAT A PERSON WHO PAYS FEES UNDER PROTEST MAY BE 

REIMBURSED TO THE EXTENT THAT THE FEES ARE COLLECTED FROM ANOTHER 

PERSON; (8) IMPROVE WATER QUALITY AND PROMOTE GROUNDWATER RECHARGE IN 

AREAS OF THE STATE THAT ARE NOT SUBJECT TO THE STORMWATER MANAGEMENT 

REQUIREMENTS OF CERTAIN WATER QUALITY PROGRAMS BY REQUIRING EITHER 

THAT NO MORE THAN EIGHTY PERCENT OF CERTAIN AREAS — — USED FOR VEHICULAR 

PARKING BE IMPERVIOUS OR, IN THE ALTERNATIVE, THAT RUNOFF FROM AT LEAST 

TWENTY PERCENT OF CERTAIN IMPERVIOUS VEHICULAR PARKING AREAS FLOW TO 

BIORETENTION AREAS; (9) DECLARE THE INTENT OF THE GENERAL ASSEMBLY THAT 

THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AGGRESSIVELY 

COMPEL PERSONS WHO ARE RESPONSIBLE FOR CONTAMINATION OF GROUNDWATER 

THAT RESULTS IN CONTAMINATION OF DRINKING WATER TO ASSESS AND 

REMEDIATE THE GROUNDWATER CONTAMINATION AS REQUIRED BY LAW; (10) 

CONSOLIDATE CERTAIN ENVIRONMENTAL REPORTING REQUIREMENTS; AND (11) TO 

MAKE CLARIFYING, CONFORMING, AND TECHNICAL CORRECTIONS TO VARIOUS LAWS 

RELATED TO THE ENVIRONMENT AND NATURAL RESOURCES, AS RECOMMENDED BY 

THE ENVIRONMENTAL REVIEW COMMISSION. 

[See Sections 6 & 12] 


S.L. 2008-205 (HB 2768) Orange/Hunting on Private Property. 

AN ACT TO AMEND THE LAW PROHIBITING HUNTING AND FISHING ON PRIVATE 

PROPERTY IN ORANGE COUNTY WITHOUT WRITTEN PERMISSION FROM THE 

LANDOWNER OR LESSEE, TO INCREASE THE FEES COLLECTED FROM PARTICIPANTS 

IN THE DISABLED SPORTSMAN PROGRAM ADMINISTERED BY THE WILDLIFE 

RESOURCES COMMISSION, AND TO PROVIDE THAT HOLDERS OF HUNTING AND 

FISHING LICENSES ISSUED TO THE DISABLED ARE ELIGIBLE TO PARTICIPATE IN THE 

DISABLED SPORTSMAN PROGRAM. 

[See Sections 1 & 3]

S.L. 2008-207 (HB 2530) Solid Waste Tax Changes/Unsalable OTP Refund. 

AN ACT TO MAKE ADMINISTRATIVE CHANGES TO THE SOLID WASTE DISPOSAL TAX 

AND TO ALLOW A REFUND FOR ALL UNSALABLE OTHER TOBACCO PRODUCTS. 

[See Sections 4 & 5] 


S.L. 2008-211 (SB 1967) Improve Coastal Stormwater Management. 

AN ACT TO PROVIDE FOR IMPROVEMENTS IN THE MANAGEMENT OF STORMWATER IN 

THE COASTAL COUNTIES IN ORDER TO PROTECT WATER QUALITY. 

[See Sections 1(b), 2, 3 & 8] 


S.L. 2008-216 (HB 2340) Transporting Children in Open Bed of Vehicle. 

AN ACT TO INCREASE THE PROTECTION OF CHILDREN WHO RIDE IN THE BACK OF 

PICKUP TRUCKS OR OPEN BEDS OF VEHICLES BY RAISING THE MINIMUM AGE, 

REMOVING THE EXEMPTION THAT MAKES ALLOWANCE FOR SMALL COUNTIES, AND 

MODIFYING THE EXEMPTION THAT MAKES AN ALLOWANCE FOR AGRICULTURAL 

ENTERPRISES, AND INCREASE THE PENALTIES. [Entire Act] 


S.L. 2008-217 (HB 2487) Change Format of Drivers Licenses/Under 21. 

AN ACT TO CHANGE THE FORMAT OF A DRIVERS LICENSE OR SPECIAL 

IDENTIFICATION CARD BEING ISSUED TO A PERSON LESS THAN TWENTY-ONE YEARS 

OF AGE FROM A HORIZONTAL FORMAT TO A VERTICAL FORMAT TO MAKE 

RECOGNITION OF UNDERAGE PERSONS MORE EASY FOR CLERKS DEALING IN 

RESTRICTED AGE SALES OF PRODUCTS SUCH AS ALCOHOLIC BEVERAGES AND 

TOBACCO PRODUCTS AS RECOMMENDED BY THE CHILD FATALITY TASK FORCE. 

[Entire Act] 


S.L. 2008-227 (HB 2188) Earlier Notification of Mortgage Servicer Fee. 

AN ACT TO REQUIRE THAT ANY FEE INCURRED BY A HOME LOAN SERVICER BE 

CLEARLY AND CONSPICUOUSLY EXPLAINED TO THE BORROWER WITHIN THIRTY 

DAYS AFTER THE FEE IS ASSESSED, TO CLARIFY THAT THE SERVICER IS NOT 

REQUIRED TO SEND A STATEMENT TO THE BORROWER UNDER CERTAIN 

CIRCUMSTANCES, TO PROVIDE THAT A SERVICER IS NOT REQUIRED TO PROVIDE 

NOTIFICATION TO THE BORROWER IF A PARTIAL PAYMENT IS ACCEPTED AND 

CREDITED IN ACCORDANCE WITH A WRITTEN AGREEMENT, TO MAKE CONFORMING 

CHANGES IN THE DEFINITION OF HIGH COST HOME LOANS, AND TO ADD TO THE 

LIST OF PROHIBITED ACTS UNDER THE MORTGAGE LENDING ACT. 

[Entire Act]