House committee substitute makes the following changes to 6th edition. Rewrites 6th edition in its entirety to direct a study by the General Assembly of issues related to limitations on commercial communications with accident victims and persons charged with certain motor vehicle operation violations as provided for in House Bill 87 (6th edition).
Bill Summaries: H87 STUDY ACCIDENT/TICKET 30-DAY NO CONTACT (NEW).
Summary date: Jun 8 2011 - View Summary
Summary date: Jun 3 2011 - View Summary
House committee substitute makes the following changes to 5th edition. Deletes all the provisions of the 5th edition and replaces it with AN ACT TO ESTABLISH A THIRTY-DAY MORATORIUM ON COMMERCIAL COMMUNICATIONS WITH ACCIDENT VICTIMS AND PERSONS CHARGED WITH CERTAIN VIOLATIONS RELATING TO OPERATION OF A MOTOR VEHICLE.
Adds new GS 84-39 to make it unlawful for an attorney to engage in solicitation to provide legal services to a person if the solicitation concerns a violation of any provision in Part 10 of Article 3 of GS Chapter 20 (Operation of Vehicles and Rules of the Road), or concerns an accident or injury involving the person to whom the solicitation is addressed or a relative of that person, unless the citation was issued or the injury occurred more than 30 days prior to the initiation of the communication to solicit legal services. Makes the violation a Class 1 misdemeanor. Authorizes the North Carolina State Bar to investigate and bring an action against persons charged with violating this statute. Specifies that the provisions in GS 84-37 apply. Provides that this statute is not to be construed to supersede the authority of district attorneys in such matters. Appears to apply to offenses committed on or after December 1, 2011.
Summary date: Apr 4 2011 - View Summary
House committee substitute makes the following changes to 3rd edition.
Deletes all provisions of previous edition and instead enacts new GS 132-11, prohibiting the General Assembly from enacting a law exempting a document from the public records law without a three-fifths vote of the members present and voting of each house. Enacts new GS 143-318.19, prohibiting the General Assembly from enacting a law exempting a public body from the laws governing meetings of public bodies without a three-fifths vote of the members present and voting of each house. Makes a conforming change to the bill title. Applies to legislation enacted on or after October 1, 2011.
Summary date: Mar 17 2011 - View Summary
House amendment makes the following changes to 2nd edition.
Amends proposed constitutional amendment to state that every natural person who is a citizen of the state has the right to inspect or copy any public record, as described. Also adds that a state agency may charge a reasonable fee for compiling and copying public records.
Summary date: Mar 16 2011 - View Summary
House committee substitute makes the following changes to 1st edition.
Amends proposed constitutional amendment to state that every person has the right to inspect or copy any public record made or received in connection with the official business of any agency, public officer, or official of the state (was, public body, officer, or employee of the state) or persons acting on their behalf, unless exempted. Deletes the judicial branch of government from the amendment’s scope. Allows the General Assembly to provide by general law passed by a three-fifths vote (was, two-thirds vote) of the members present and voting for the exemption of records and meetings. Clarifies that all statutes, rules, case law, and common law in effect on January 1, 2013, that limit public access to records or meetings will remain in force until amended or repealed. Makes other clarifying changes.
Summary date: Feb 10 2011 - View Summary
Subject to approval by the voters at the statewide election on November 6, 2012, adds new Section 6 to Article XIV of the North Carolina Constitution to provide that every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, unless exempted pursuant to the proposed section. Provides that the constitutional amendment specifically includes the legislative, executive, and judicial branches of the government, and each agency or department created under those branches; local governments, their units and special districts; and every office, board, commission, or entity created pursuant to law or the NC Constitution.
Provides that all meetings of any collegial public body of the executive branch of state government or of local government or special district at which official acts are to be taken or at which public business is to be transacted or discussed, must be open and noticed to the public, unless exempted pursuant to the proposed section. Also provides that meetings of either chamber of the General Assembly must be open and noticed to the public, unless exempted.
States that the section is self-executing; however, the General Assembly may provide by general law for the exemption of records from the requirements. Directs the General Assembly to enact laws governing enforcement of the proposed section. Allows each chamber to adopt rules governing the enforcement in relation to records of that particular chamber and provides further guidelines for exemptions.
States that all laws in effect on January 1, 2013, that limit public access to records or meetings, will remain in force until amended or repealed. Also states that rules of court in effect on January 1, 2013 that limit access to records, will remain in effect until repealed.