Bill Summary for S 648 (2013-2014)
|View NCGA Bill Details||2013-2014 Session|
A BILL TO BE ENTITLED AN ACT TO CREATE TRANSPARENCY IN CONTRACTS BETWEEN THE ATTORNEY GENERAL AND PRIVATE ATTORNEYS, TO PREVENT THE ABUSE OF PATENTS, TO ALLOW FOR SHAREHOLDER ASSENT TO EXCLUSIVE FORUM, AND TO LIMIT ASBESTOS-RELATED LIABILITIES FOR CERTAIN SUCCESSOR CORPORATIONS.Intro. by Jackson, Meredith, J. Davis.
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Senate committee substitute makes the following changes to the 1st edition.
Changes long title.
Changes the section number of proposed GS 14-105.1, Employment Fraud, to GS 66-67.6, and makes the following proposed changes. Provides that, for the criminal penalties provided for in GS 66-67.6, first convictions that previously resulted in a Class 1 misdemeanor will now result in a civil penalty of $10,000. Also provides that second or subsequent convictions under this section which previously resulted in a Class I felony will now result in a civil penalty of $50,000. Provides that confidential information or any other information from recordings turned over to law enforcement, pursuant to subsection (c), will not be admissible in any criminal proceedings for an offense based on any violation of this section, nor can it be used to initiate or facilitate prosecution of an offense under this section. Also provides that information obtained from a recording produced, procured, or otherwise made in violation of this section is not considered a waiver of proprietary trade secrets or any legal privileges held by the employer.
Amends GS 24-5, Interest on judgments, creating new GS 25-5(a2), which provides that in actions brought to recover damages for personal injury or wrongful death, the amount of the judgment designated as compensatory damages for past economic damages bears interest starting 90 days after the action is commenced, until the judgment is satisfied, at a per annum rate of 5%. No other portions of a monetary judgment in an action for personal injury or wrongful death will bear interest. Makes conforming changes.
Amends GS 114-9.3, Definitions, providing the following new terms and definitions, contingency fee contract and state agency. Amends the definition of a government attorney, defining it as an attorney employed by the state as a staff attorney in a state agency.
Amends GS 114-9.4, Procurement, providing that a state agency (was, Attorney General) cannot enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to the contract that provides contingency fee representation is cost-effective and in the public's best interest.
Amends GS 114-9.5, Contingency fees, providing that the Attorney General cannot give permission under GS 114-2.3 for a state agency to enter into a contingency fee contract that exceeds specified fee benchmarks.
Amends GS 114-9.6, Control, providing that the Attorney General cannot give permission under GS 114-2.3 for a state agency to enter into a contingency fee contract unless six specified requirements are met throughout the contract period, including but not limited to, the government attorney retaining the full authority to reject any decisions made by the private attorney. Makes clarifying changes.
Amends GS 114-9.7, Oversight, making a technical and conforming change.