AN ACT TO AMEND CHAPTER 7A OF THE GENERAL STATUTES TO AUTHORIZE A RETIRED BUSINESS COURT JUDGE TO BE RECALLED TO SERVE AS A SENIOR BUSINESS COURT JUDGE. Enacted July 11, 2016. Effective July 11, 2016.
RECALL RETIRED BUSINESS COURT JUDGE. (NEW)
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO AMEND CHAPTER 7A OF THE GENERAL STATUTES TO AUTHORIZE A RETIRED BUSINESS COURT JUDGE TO BE RECALLED TO SERVE AS A SENIOR BUSINESS COURT JUDGE.Intro. by Stevens.
SOG comments (2):
Long title change
Senate committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO STUDY PENALTIES IMPOSED FOR SPEEDING IN A HIGHWAY WORK ZONE.
Bill History:
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Tue, 3 Mar 2015 House: Filed
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Tue, 3 Mar 2015 House: Filed
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Wed, 4 Mar 2015 House: Passed 1st Reading
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Wed, 4 Mar 2015 House: Passed 1st Reading
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Wed, 22 Apr 2015 House: Reptd Fav
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Wed, 22 Apr 2015 House: Re-ref Com On Judiciary III
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Wed, 22 Apr 2015 House: Reptd Fav
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Wed, 22 Apr 2015 House: Re-ref Com On Judiciary III
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Wed, 29 Apr 2015 House: Reptd Fav
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Wed, 29 Apr 2015 House: Cal Pursuant Rule 36(b)
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Wed, 29 Apr 2015 House: Added to Calendar
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Wed, 29 Apr 2015 House: Reptd Fav
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Wed, 29 Apr 2015 House: Cal Pursuant Rule 36(b)
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Wed, 29 Apr 2015 House: Added to Calendar
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Thu, 30 Apr 2015 House: Amend Adopted A1
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Thu, 30 Apr 2015 House: Passed 2nd Reading
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Thu, 30 Apr 2015 House: Passed 3rd Reading
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Thu, 30 Apr 2015 House: Ordered Engrossed
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Thu, 30 Apr 2015 House: Regular Message Sent To Senate
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Thu, 30 Apr 2015 Senate: Regular Message Received From House
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Thu, 30 Apr 2015 Senate: Passed 1st Reading
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Thu, 30 Apr 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 30 Apr 2015 House: Amend Adopted A1
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Thu, 30 Apr 2015 House: Passed 2nd Reading
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Thu, 30 Apr 2015 House: Passed 3rd Reading
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Thu, 30 Apr 2015 House: Ordered Engrossed
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Thu, 30 Apr 2015 House: Regular Message Sent To Senate
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Thu, 30 Apr 2015 Senate: Regular Message Received From House
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Thu, 30 Apr 2015 Senate: Passed 1st Reading
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Thu, 30 Apr 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 7 May 2015 Senate: Withdrawn From Com
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Thu, 7 May 2015 Senate: Re-ref Com On Transportation
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Thu, 7 May 2015 Senate: Withdrawn From Com
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Thu, 7 May 2015 Senate: Re-ref Com On Transportation
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Wed, 13 May 2015 Senate: Reptd Fav
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Wed, 13 May 2015 Senate: Withdrawn From Cal
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Wed, 13 May 2015 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 13 May 2015 Senate: Reptd Fav
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Wed, 13 May 2015 Senate: Withdrawn From Cal
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Wed, 13 May 2015 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 27 Jun 2016 Senate: Withdrawn From Com
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Mon, 27 Jun 2016 Senate: Re-ref Com On Judiciary I
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Mon, 27 Jun 2016 Senate: Withdrawn From Com
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Mon, 27 Jun 2016 Senate: Re-ref Com On Judiciary I
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Tue, 28 Jun 2016 Senate: Reptd Fav Com Substitute
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Tue, 28 Jun 2016 Senate: Com Substitute Adopted
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Wed, 29 Jun 2016 Senate: Passed 2nd Reading
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Wed, 29 Jun 2016 Senate: Passed 3rd Reading
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Wed, 29 Jun 2016 Senate: Special Message Sent To House
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Wed, 29 Jun 2016 House: Special Message Received For Concurrence in S Com Sub
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Wed, 29 Jun 2016 House: Cal Pursuant 36(b)
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Wed, 29 Jun 2016 House: Added to Calendar
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Wed, 29 Jun 2016 House: Concurred In S/Com Sub
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Wed, 29 Jun 2016 House: Ordered Enrolled
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Thu, 30 Jun 2016 Ratified
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Thu, 30 Jun 2016 Pres. To Gov. 6/30/2016
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Mon, 11 Jul 2016 Signed by Gov. 7/11/2016
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Mon, 11 Jul 2016 Ch. SL 2016-91
Bill Summaries:
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Bill H 136 (2015-2016)Summary date: Jul 14 2016 - View Summary
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Bill H 136 (2015-2016)Summary date: Jun 28 2016 - View Summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends the act's short and long titles.
Deletes all of the provisions of the previous edition and replaces it with the following.
Amends GS 7A-52, concerning the recall of retired judges for active service, enacting new subsection (a1), which allows an emergency superior court judge to be recalled to active service by the Chief Justice of the NC Supreme Court to hear and decide complex business cases if certain conditions are met, including (1) the judge is a special superior court judge who is retiring from a term to which the judge was appointed as specified; (2) the judge is retiring from a term for which he or she was assigned by the Chief Justice to hear complex business cases; (3) the judge's nomination to serve a successive term in the same office is pending before the General Assembly or was not acted on before adjournment sine die; and (4) if confirmed and appointed to the successive term of office for which nominated, the judge would reach the mandatory retirement age before completing that term of office. Provides that any emergency judge assigned as specified above will be designated as a senior business court judge and will remain eligible to serve in that capacity for five years from the issuance date of the judge's commission as an emergency judge or until the judge's commission expires, whichever occurs first. Adds language to subsection (b) concerning pay, providing that recalled judges serving as senior business court judges are entitled to $500 per day in addition to the judge's expenses for each day of active service during recall. Provides that such judges cannot overlap days of serving as a senior business court judge and regular superior court judge. Effective when law, applying to judges that retire on or after that date.
Amends GS 7A-57 concerning the recall of active and emergency trial judges that have reached the mandatory retirement age, adding new subdivision (7) to allow recalled emergency judges that have served as a senior business court judge and whose commission expired on the mandatory retirement age to be recalled by the Chief Justice and assigned to hear complex business cases as a senior business court judge for up to five years from the issuance of their commission pursuant to GS 7A-53. Makes technical changes. Effective when law, applying to judges that reach the mandatory retirement age on or after that date.
Amends GS 7A-45.3, concerning superior court judges designated for complex business cases, adding language that provides that if there is more than one business court judge or senior business court judge, the Chief Justice can designate one of them as the Chief Business Court Judge (previously, designation would be as senior business court judge, but this change reflects new language that requires recalled judges to be designated as Senior business court judges). Makes conforming changes.
Amends GS 7A-45.4(c) and GS 135-71(c), making conforming changes.
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Bill H 136 (2015-2016)Summary date: Apr 30 2015 - View Summary
House amendment makes the following changes to the 1st edition.
Deletes the content of the previous edition and replaces it with the following.
Requires the Department of Transportation to study the penalties for speeding in a highway work zone, focusing on statutory changes needed to balance the safety of roadside workers and the efficient movement of traffic through work zone areas. Requires a report to the Joint Legislative Transportation Oversight Committee on or before December 31, 2015.
Changes the act's title.
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Bill H 136 (2015-2016)Summary date: Mar 3 2015 - View Summary
As title indicates, amends GS 20-141(j2) to provide that the additional penalty for speeding in a highway work zone applies only if workers are present and work is actively in progress.
Effective December 1, 2015, applying to offenses committed on or after that date.
House amendment to the 1st edition makes changes to the long title. The original title was as follows:
AN ACT TO PROVIDE THAT THE ADDITIONAL PENALTY IMPOSED FOR SPEEDING IN A HIGHWAY WORK ZONE APPLIES ONLY IF WORKERS ARE PRESENT AND WORK IS ACTIVELY IN PROGRESS.