Bill Summary for S 636 (2013-2014)

Summary date: 

Jul 10 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 636 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT AND BY AMENDING THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS; TO AUTHORIZE COUNTIES AND CITIES TO ATTACH AND GARNISH A MEMBER OF THE GOVERNING BODY IF THE COUNTY OR CITY HAS BEEN GRANTED A MONEY JUDGMENT AGAINST THAT MEMBER AND THE MONEY JUDGMENT HAS NOT BEEN SATISFIED; AND TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.
Intro. by Newton.

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Bill summary

House committee substitute to the 3rd edition makes the following changes.

Enacts new GS 160A-64.1 and GS 153A-30 to allow city and county finance officers that obtain a final judgment awarding monetary damages against an elected or appointed member of the city council or board of commissioners to enforce the final judgment using remedies in GS 105-366(b) or the procedure for attachment and garnishment in GS 105-368 as if final judgment awarding monetary damages were delinquent taxes and the finance officer were the tax collector. Provides that the statutory provision that limits the amount of compensation that may be garnished to no more than 10% for any one pay period does not apply. Effective October 1, 2013, and applies to final judgments awarding monetary damages that are unsatisfied or entered on or after that date.

Amends Article 1 of the state constitution, if approved by the state's qualified voters at a statewide election on November 4, 2014, to provide that private property will not be taken by eminent domain except for a public use, and requiring just compensation to be paid and determined by a jury at any party's request.

Makes conforming statutory changes, allowing eminent domain for public use (was public use, or benefit). Amends GS 40A-3 to give private condemnors, local public condemnors, and other public condemnors in specified subsections of the statute the power of eminent domain and to allow those entities to acquire any property for the connection of any customer by purchase, gift, or condemnation. Effective when the act becomes law and applies to takings occurring on or after that date.

Makes changes to the boating laws and wildlife effective October 1, 2013 (was, December 1, 2013).

Makes technical and organizational changes. Amends the act's long title.

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