AN ACT TO TRANSFER THE GENERAL STATUTES COMMISSION, THE RESPONSIBILITY FOR THE CODIFICATION OF THE GENERAL STATUTES, THE REVISOR OF STATUTES AND THE STAFF FOR THESE FUNCTIONS TO THE GENERAL ASSEMBLY. Summarized in Daily Bulletin 5/17/11. Enacted May 26, 2011. Effective June 1, 2011.
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TO (1) ALLOW SERVICE BY SIGNATURE CONFIRMATION OR DESIGNATED DELIVERY SERVICE IN SMALL CLAIM ACTIONS ASSIGNED TO MAGISTRATES AND IN ADMINISTRATIVE CASES, (2) CLARIFY THAT THE SIXTY-DAY TIME FRAME FOR SERVING A SUMMONS UNDER RULE 4 OF THE RULES OF CIVIL PROCEDURE APPLIES TO ALL SUMMONS UNDER RULE 4(J) AND (J1), (3) REQUIRE THAT A COPY OF A MOTION TO TERMINATE PARENTAL RIGHTS THAT IS SERVED ON A PARENT BE SENT TO THAT PARENT’S ATTORNEY OF RECORD, IF ANY, (4) REQUIRE THAT A PARTY’S ATTORNEY OF RECORD, IF ANY, MUST BE SERVED WHEN SERVICE IS MADE UNDER RULE 5(B) OF THE RULES OF CIVIL PROCEDURE, IN ADDITION TO ANY SERVICE ON THE PARTY, AND (5) CLARIFY THAT AN ATTORNEY MAY BE SERVED UNDER RULE 5(B) BY MAIL, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.Intro. by Ross.
Summary date: Jun 1 2011 - More information
Bill H 306 (2011-2012)Summary date: May 17 2011 - More information
Senate committee substitute makes the following changes to 1st edition.
Deletes all provisions of 1st edition and replaces it with AN ACT TO TRANSFER THE GENERAL STATUTES COMMISSION, THE RESPONSIBILITY FOR THE CODIFICATION OF THE GENERAL STATUTES, THE REVISOR OF STATUTES AND THE STAFF FOR THESE FUNCTIONS TO THE GENERAL ASSEMBLY. Recodifies Article 2 of GS Chapter 114 as Article 7D of GS Chapter 120, entitled Codification of Statutes. Amends recodified GS 120-36.21 to direct the Legislative Services Officer to assign to General Assembly staff specified duties previously designated to the Division of Legislative Drafting and Codification of Statutes in the Department of Justice (Division). Makes conforming changes and specifies that the General Assembly staff member who performs duties under GS 120-36.21(2) is the Revisor of Statutes. Enacts new GS 114-8.4 to permit the Department of Justice to (1) prepare bills at the request of the Governor and state officials and advise in connection with those bills and (2) advise and assist local governments to draft legislation. Makes conforming changes to various statutes to transfer codification duties to the Legislative Services Office and to transfer the General Statutes Commission (Commission) to the General Assembly. Amends GS 164-12, providing that the Commission will be located within the General Assembly for administrative purposes only. Amends GS 164-18, authorizing the Commission to report recommended legislation to each annual session of the General Assembly. Repeals GS 143A-53 (transferred the Commission to the Department of Justice).
Transfers all statutory authority, powers, records, personnel, and funds of the General Statutes Commission from the Department of Justice to the General Assembly as a Type II transfer. States that all administrative rules of the Commission are repealed, but are adopted as Commission policies until the Commission amends or repeals them. States that all rights and duties of North Carolina, acting through the Attorney General and the Division will remain unchanged, but will be executed by the Legislative Services Office. Transfers three specified positions to the General Assembly.
Effective June 1, 2011.
Bill H 306 (2011-2012)Summary date: Mar 9 2011 - More information
Amends various provisions of law and the Rules of Civil Procedure regarding service of process, including (1) amending GS 7A-217, GS 150B-23(c), GS 150B-36(b3), GS 150B-38(c), and GS 150B-42(a) to allow service by signature confirmation or designated delivery service in small claim actions assigned to magistrates and in administrative cases; (2) amending GS 1A-1, Rule 4(c) to clarify that the sixty-day time frame for serving a summons under Rule 4 of the Rules of Civil Procedure applies to all summons under Rule 4(j) and (j1); (3) amending GS 7B-1102 to require that a copy of a motion to terminate parental rights that is served on a parent be sent to that parent’s attorney of record, if any; and (4) amending GS 1A-1, Rule 5(b) to require that a party’s attorney of record, if any, must be served when service is made under Rule 5(b), in addition to any service on that party, and that an attorney may be served under Rule 5(b) by mail. Effective October 1, 2011.