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North Carolina House Bill 790 (Michaux – 1997)
Chapter 149, Statutes of 1997
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North Carolina General Statutes section 14-107.1, subdivision (b), was amended with the passage of House Bill 790 of 1997. (See Exhibit #1d) Representative Henry Michaux, Jr., introduced this measure, relating to prima facie evidence in worthless check cases, on April 3, 1997. (See Exhibit #1a)
North Carolina House Bill 790 was assigned to the House Committee on Judiciary and the Senate Committee on Commerce where policy issues raised by the bill were considered. (See Exhibits #2 and #3) Two amendments were made to North Carolina House Bill 790. (See Exhibits #1b, #1c, and #2) Subsequent to legislative approval, Governor James B. Hunt, Jr., signed North Carolina House Bill 790 on June 5, 1997 and it was recorded by the Secretary of State on that day as Chapter 1997-149 of the Statutes of 1997. (See Exhibit #1d)
A digest of House Bill 790 is contained in the 1997 Summaries of Substantive Ratified Legislation produced by the Research Division of the North Carolina General Assembly, which stated:
Proof of having met certain conditions, set forth in G.S. 14-107.1, is prima facie evidence that the person charged with passing a worthless check is, in fact, the identified check passer. The conditions include that the check is delivered to the check taker; that the name and mailing address of the passer are written or printed on the check; that the taker identified the passer by a driver’s license or other photographic identification; that the acceptor notifies the passer by certified mail that the check has been dishonored and allows 10 days for the passer to correct any bank error; and that the acceptor has filed an affidavit in accordance with the section setting forth the pertinent facts. This act adds a limitation to this provision in cases in which the check take in a face-to-face transaction, has written or printed the race or gender of the check passer on the check. In such cases, the check take would lose the benefit of making a prima facie case by providing that the other conditions had been met. The act became effective October 1, 1997, and applies to checks or drafts made or drawn on or after than date.
(See Exhibit #5, pages 22 and 23)