Bill Summary for H 226 (2019-2020)

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Summary date: 

Feb 27 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 226 (Public) Filed Wednesday, February 27, 2019
Intro. by R. Turner.

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Bill summary

Part I.

Amends GS 7A-52 to allow emergency judges to be assigned in the event of a medical leave absence (was disability) of a sitting judge. Adds that an emergency judge may be assigned when a disaster declaration is made within a judicial district.

Amends GS 7A-304 by deleting the required notice when the court waives any court fines or costs and deletes the related reporting requirement. 

Amends GS 7A-343 to require the report on business court site activities be submitted annually instead of semiannually. 

Amends GS 7A-346.2 by removing the requirements to report on (1) the economic viability of the worthless check collection programs and (2) cases in which a criminal defendant withdraws an appeal for trial de novo in the superior court and the superior court judge has signed an order remanding the case to district court.

Repeals GS 7A-346.3, which required an impaired driving integrated data system report.

Amends GS 7A-350 by removing the requirement to report on the waiver of criminal court costs. 

Amends GS 30-29 to require that a petition for spousal allowance set out that the decedent's state exceed $60,000 (was, $30,000).

Amends GS 45-21.21 to no longer require that a foreclosure sale be held between 10 a.m. and 4 p.m. on any day on which the Clerk's office is normally open. Amends GS 45-21.23 to require that the sale be held between 10 a.m. and 4 p.m. on any day on which the Clerk's office is normally open (was, on any day other than Sunday or a legal holiday when the courthouse is closed for transactions).

Amends GS 84-32 to require that final judgments of censure (as well as suspension or disbarment) be entered upon the judgment docket of the superior court where the respondent resides or practices and on the minutes of the NC Supreme Court. Adds that final determinations of incapacity or disability must be entered upon the judgment docket of the superior court in the same manner as those final judgments.

Amends GS 7A-38.2 by adding that the chair of the Dispute Resolution Commission may collect a fee from any person who appeals an adverse determination to the full Commission for a hearing and fails to attend without good cause. Sets the fee at the lesser of the Commission's actual expenses for the hearing or $2,500, and requires that the fees be deposited into the Dispute Resolution Fund. Applies to hearings held on or after July 1, 2019.

Amends GS 15A-502 to allow either the sheriff or other designated agency (was, sheriff only) to inform the court when a person fails to appear for court ordered fingerprinting.

Amends GS 15A-1452 as follows. Requires the clerk of superior court to enter an order reflecting the fact and directing compliance when an appeal is withdrawn for a judgment that imposed an active sentence or imposed only monetary obligations without probation. Requires that if the appellate division affirms a judgment that imposed an active sentence or imposed only monetary obligations without probation, the superior court clerk must file the directive and order compliance with its terms. Requires that the clerk, when an appeal is withdrawn for a judgment imposing a suspended sentence,  bring the matter to the attention of the district attorney who must calendar a review hearing as now provided for in the statute. Adds that if the appellate division affirms a judgement that imposed a suspended sentence, the clerk of superior court must file the direction and bring the matter to the attention of the district attorney, who must calendar a review hearing as now provided for in the statute.  Specifies that at such a hearing, the defendant is entitled to be present and represented by counsel to the same extent as in the original sentencing hearing; sets out additional requirements for the hearing. Effective December 1, 2019, and applies to any mandate of the appellate division received in the trial division on or after that date.

Amends GS 20-217 requiring that the clerk of superior court notify the Division of Motor Vehicles of any person who fails to pay a fine or costs imposed under the statute (which requires motor vehicles to stop for properly marked and designated school buses in certain instances) within 40 (was, 20) days of the date specified in the court's judgement. 

Amends GS 48-2-403 to require that the petitioner, rather than the clerk of court, deliver notice of an adoption proceeding to the specified agencies, and requires proof of service to be submitted to the court. 

Part II.

Amends GS 7A-307 to provide that the only cost assessed when an estate is administered or settled under GS 28A-25-6 (concerning payment to clerk of money owed decedent) is a $20 fee. Increases the fee for hearing a petition for year's allowance to surviving spouse or child, in cases not assigned to a magistrate, from $8 to $20. Effective January 1, 2020.

Repeals GS 7A-809, which required a report on the status of implementation of character recognition software when removing requested personal information from images or copies of publicly accessible official records.

Amends GS 7A-308 by adding a $300 fee for in rem foreclosures, with an additional fee to be collected when the property is sold under execution. Makes conforming and clarifying changes to GS 105-375. Applies to execution sales conducted on or after October 1, 2019.

Amends GS 11-701 to authorize retired clerks to administer oaths of office. 

Amends GS 28A-25-6 to require a motion of the clerk or application of an interested party before the clerk of superior court, when no administrator has been appointed, to disburse money received under the statute to pay the surviving spouse's and children's year's allowance and other claims. 

Amends GS 42-34 to provide that the specified deadlines related to summary ejectment actions are based on business days.

Part III.

Amends GS 7A-11 and GS 7A-20 by making language gender-neutral.

Amends GS 7A-354 to clarify that the ex offico members of the Human Trafficking Commission are nonvoting members. 

Amends GS 14-43.15 to correct a typo.

Amends GS 15A-1469(b1) by correcting a statutory cross-reference. 

Amends GS 28A-2-4 by correcting a statutory cross-reference.

Amends GS 32C-1-112 to provide that unless the power of attorney otherwise provides, an agent is entitled upon request to the clerk of superior court to be reimbursed for expenses (previously did not specify on request to the clerk). Makes conforming changes to GS 32C-1-116. Makes a clarifying change to GS 32C-4-403.

Amends GS 101-2 to make a clarifying change.

Amends SL 2018-40, Section 8.2, by specifying that the effective date applies to testamentary distribution to a minor made on or after the effective date of January 1, 2019.  Effective January 1, 2019.