AN ACT TO CLARIFY CERTAIN LAWS RELATING TO THE FILING OF DOCUMENTS BY THE CLERK OF COURT AND TO DIRECT THE ADMINISTRATIVE OFFICE OF THE COURTS TO DEVELOP AND IMPLEMENT A PILOT MAGISTRATE/CLERK STAFFING PROJECT; TO PROVIDE FOR MEDIATED SETTLEMENT CONFERENCES IN DISTRICT COURT CIVIL ACTIONS; TO CREATE THE JOINT LEGISLATIVE STUDY COMMITTEE ON PUBLIC RECORDS AND OPEN MEETINGS; TO ALLOW THE BOARD OF PHARMACY TO OBTAIN CRIMINAL RECORD REPORTS FROM APPROVED REPORTING SERVICES; TO PROHIBIT HUNTING FROM THE RIGHT-OF-WAYS OF PUBLIC ROADS IN BUNCOMBE COUNTY; TO CREATE A DEFINITION FOR PROVISIONAL PROVIDERS IN CHILD CARE; TO MOVE MONTGOMERY COUNTY FROM PROSECUTORIAL DISTRICT 19A TO PROSECUTORIAL DISTRICT 20B; AND TO DIRECT THE REVENUE LAWS STUDY COMMITTEE TO STUDY GOLF COURSE TAX POLICY.
House committee substitute makes the following changes to the 1st edition.
Changes the long and short titles.
Deletes all provisions of the previous edition and now provides the following.
Amends GS 1A-1, Rule 5 (Service and filing of pleadings and other papers in the Rules of Civil Procedure), subsection (e)(1), to require the filing of pleadings and other papers with the court pursuant to the rules promulgated under GS 7A-109 (record-keeping procedures of the clerk of superior court) or subsection (e)(2) of the statute as required by the Rules to be made by filing them with the clerk of court, or with the judge as specified (previously, did not specify filing be made pursuant to rules promulgated under GS 7A-109 or subsection (e)(2) of the statute). Establishes that the failure to affix a date stamp or file stamp to any pleading or other papers filed in the courts will not affect the sufficiency, validity, or enforceability of the document. Effective when the act becomes law and applies to all pleadings and papers filed with the courts, including pleadings and papers filed prior to that date. Effective when the section becomes law and applies to all pleadings and papers filed with the courts, including pleadings and papers filed prior to that date.
Amends Rule 5, subsection (e)(2), concerning filing by electronic means, to add that filing may be made by electronic means when, in the manner, and to the extent provided in uniform rules, regulations, costs, procedures, and specifications for the filing of pleadings or other court papers by electronic means established by the Supreme Court and the Administrative Officer of the Courts pursuant to GS 7A-34, GS 7A-49.5 (previously, GS 7A-49.5, which provides for statewide electronic filing in courts, was not included), and GS 7A-343. Effective when the section becomes law and applies to all pleadings and papers filed with the courts on or after that date.
Amends GS 1A-1, Rule 58, concerning entry of judgment, to provide that, subject to the provisions of Rule 54(b) (judgment upon multiple claims or involving multiple parties), a judgment is entered when it is reduced in writing, signed by the judge, and filed with the clerk of court in accordance with Rule 5, as amended (previously, did not specify filed with the clerk of court in accordance with Rule 5).
Directs the Administrative Office of the Courts (AOC) to establish and implement a pilot project to allow the clerk of superior court of a county, with the written consent of the chief district court judge for the district in which the county is located, to hire one deputy clerk or assistant clerk, based on the assistant clerk allocation formula established by the AOC, in lieu of one of the magistrate positions allocated to that county, notwithstanding the minimum number of magistrates prescribed for each county under GS 7A-133(c). Authorizes the pilot project for counties with three or four magistrate allocations. Establishes that, in order to provide accessibility to law enforcement personnel and citizens, in counties participating in the pilot project, the clerk of superior court's office will provide some of the services traditionally provided by the magistrate's office during some or all of the regular courthouse hours. Directs the AOC to report to the Joint Legislative Oversight Committee on Justice and Public Safety on the outcomes of the pilot project, with recommendations on continuation or expansion, by March 1, 2017.
Changes the caption of GS 7A-38.4A to Settlement procedures in family financial actions (previously, Settlement procedures in district court actions), clarifying that the section applies only to family financial actions. Makes a clarifying change. Effective July 1, 2015.
Enacts new GS 7A-38.4B, Settlement procedures in district court general civil actions, permitting mediated settlement conferences in all other district court civil actions. Allows the chief district court judge, or designee, to order parties in a civil action to participate in mediated settlement conferences or other settlement procedures. Excludes actions involving family issues covered by GS 7A-38.4 and issues exempted by Supreme Court rules. Provides that local rules can be adopted for the procedures as long as they are not inconsistent with any rules adopted by the Supreme Court. Sets out procedures for interested parties on issues including attendance, designation of a mediator, and assignment of associated costs. Also limits the admissibility and discovery, in future court proceedings, of communications made during the conferences with four exceptions, including proceedings for specified sanctions, and proceedings to enforce or rescind a settlement of the action. These provisions are closely modeled after and similar to existing statutes for mediated settlement conferences in family financial actions, namely GS 7A-38.4A (District Court) and GS 7A-38.1 (Superior Court).
Effective October 1, 2016, applying to actions filed on or after that date.
Creates the 10-member Joint Legislative Study Committee on Public Records and Open Meetings to study ways to improve transparency of state and local government in the state. Requires the Committee to examine existing laws regarding public access to government records and meetings and legislation enacted in other states that allows greater public access than we currently have in North Carolina. Specifies issues to be included in the study. Requires five members of the House of Representatives to be appointed by the Speaker of the House and five members of the Senate to be appointed by the President Pro Tempore of the Senate. Sets out provisions concerning naming cochairs, filling vacancies, and staffing the Committee. Requires a final report to the 2017 General Assembly, at which time the Committee terminates.
Amends GS 90-85.15, concerning the application and examination for licensure as a pharmacist, by making the language gender neutral in subsection (a).
Currently, GS 90-85.15(c) allows the Department of Public Safety (DPS) to provide a criminal record check to the North Carolina Board of Pharmacy (Board) for an applicant, where, after an applicant consents to the criminal record check and use of fingerprints and other identifying information, the Board must provide the applicant's fingerprints and other identifying information to DPS, the State Bureau of Investigation, and the Federal Bureau of Investigation for a complete check of the applicant's criminal history. Current law also requires the Board to keep all of the information pursuant to existing subsection (c) privileged and confidential, and establishes that that information is not public record under GS Chapter 132. Current law allows DPS to charge each applicant a fee for conducting the criminal history record checks.
Deletes the existing language of subsection (c), as described above, and instead provides that the Board may require an applicant to provide the Board with a criminal record report. Establishes that all applicants are required to obtain criminal record reports from one or more reporting services designated by the Board to provide criminal record reports. Requires applicants to pay the designated reporting service for the cost of those reports.
Makes it a Class 3 misdemeanor to hunt with a firearm or deadly weapon, or to attempt to hunt with a firearm or deadly weapon, any wild animal or wild bird on, from, or across the right-of-way of any public road or highway. Provides that Section 5 is enforceable by law enforcement officers of the Wildlife Resource Commission, by sheriffs and deputy sheriffs, and by other peace officers with general subject matter jurisdiction. Provides that Section 5 only applies to Buncombe County.
Effective October 1, 2016, applying to acts committed on or after that date.
Amends GS 110-90.2, concerning mandatory child care providers' criminal history checks, to define provisional provider to mean a person who has been employed as a child care provider whose notification of qualification under subsection (b) of the statute is pending. Adds new subsection (b2) to establish that a provisional provider can be hired, begin orientation and training, and be counted in staff/child ratio as long as the provider is supervised by a qualified child care provider when supervising any child and is clearly identified as a provisional provider by wearing in plain view a badge identifying the person as a provisional provider. Requires that an explanation of the status of provisional provider be included in a policy statement provided to parents and must also be posted in a conspicuous place in the child care facility.
Provides that a child care provider subject to a criminal history check every three years in accordance with subsection (b) is to be treated as a provisional provider until receiving notification of the Department's determination under subsection (d) of the statute. Provides that, if the child care provider has not received notification of the Department's determination within 90 calendar days from the date the criminal check was requested by the Department, the child care provider must not enter or remain on the premises of the child care facility until the notification is received.
Effective August 1, 2016.
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