Bill Summary for S 580 (2011-2012)

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Summary date: 

Sep 12 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 580 (Public) Filed Tuesday, April 12, 2011
TO PROVIDE FOR AUTOMATIC REINSTATEMENT OF CASES THAT WERE DISMISSED WITH LEAVE IF THOSE CASES ARE WAIVABLE, TO CLARIFY THE CONDITIONS OF PRETRIAL RELEASE WHEN A DNA SAMPLE IS REQUIRED, TO ALLOW FOR SERVICE OF CRIMINAL PROCESS BY A LAW ENFORCEMENT OFFICER BEFORE A MAGISTRATE EVEN WHEN THE OFFICER IS OUTSIDE THE OFFICER’S TERRITORIAL JURISDICTION, TO ADD TO THE STATUTORY DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS, TO DECREASE THE PERIOD OF TIME THAT STATE EMPLOYEES MUST BE SEPARATED FROM EMPLOYMENT PRIOR TO BEING SELECTED TO SERVE IN A POSITION WITHIN THE JUDICIAL BRANCH, TO ELIMINATE THE NECESSITY OF A HEARING TO REMOVE A PERSONAL REPRESENTATIVE IN ESTATE CASES, TO REPEAL THE REQUIREMENT THAT MAGISTRATES BE RESIDENTS OF THE COUNTY TO WHICH THEY ARE APPOINTED TO SERVE, TO CLARIFY WHEN A CLERK OF SUPERIOR COURT MAY RELEASE FUNDS HELD UNDER A CLAIM OF LIEN ON REAL PROPERTY, TO CHANGE THE DATE ON WHICH A NEWLY ELECTED CLERK OF SUPERIOR COURT TAKES OFFICE, TO GRANT THE COURT THE DISCRETION TO FIND THAT DISTANCE FROM THE COURT IS GOOD CAUSE TO EXEMPT A PARTY FROM CUSTODY MEDIATION, AND TO PROVIDE THAT FEES COLLECTED BY THE DISPUTE RESOLUTION COMMISSION ARE NONREVERTING.
Intro. by Hartsell.

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Bill summary

Conference report recommends the following changes to 2nd edition, as amended, to reconcile matters in controversy.
The conference report, reported in and digested on 7/28/11, is withdrawn. New conference report amends GS 105-130.5A, as enacted by SL 2011-390 (concerning forced combinations), allowing the Secretary of Revenue (Secretary) and a corporation to jointly determine and agree to an alternative filing method that accurately reports state net income if the Secretary believes that the corporation’s state net income properly attributable to business carried on in North Carolina is not accurately reported on the required, separate return because of intercompany transactions, without making a finding that such transactions lack economic substance or are not at fair market value. Authorizes the Secretary to allow any reasonable method to redetermine the corporation’s state net income. Makes clarifying changes to the effective dates for provisions in SL 2011-390. Makes conforming changes to the bill title.