AN ACT TO PROVIDE FOR AUTOMATIC REINSTATEMENT OF CASES THAT WERE DISMISSED WITH LEAVE IF THOSE CASES ARE WAIVABLE, TO ADD TO THE STATUTORY DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS; TO CLARIFY WHEN A CLERK OF SUPERIOR COURT MAY RELEASE FUNDS HELD UNDER A CLAIM OF LIEN ON REAL PROPERTY, TO GRANT THE COURT THE DISCRETION TO FIND THAT DISTANCE FROM THE COURT IS GOOD CAUSE TO EXEMPT A PARTY FROM CUSTODY MEDIATION, TO PROVIDE THAT FEES COLLECTED BY THE DISPUTE RESOLUTION COMMISSION ARE NONREVERTING, AND TO MAKE CLARIFYING CHANGES TO S.L. 2011-390, FORCED COMBINATIONS. Summarized in Daily Bulletin 4/12/11, 6/8/11, 6/17/11, 7/28/11, and 9/12/11. Enacted September 15, 2011. Effective September 15, 2011, unless otherwise provided.
Bill Summaries: S 580 AOC OMNIBUS COURTS ACT.
Printer-friendly: Click to view
-
Bill S 580 (2011-2012)Summary date: Nov 7 2011 - View Summary
-
Bill S 580 (2011-2012)Summary date: Sep 12 2011 - View 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The conference report, reported in and digested on 7/28/11, is withdrawn.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.
-
Bill S 580 (2011-2012)Summary date: Jul 28 2011 - View Summary
Conference report recommends the following changes to 2nd edition, as amended, to reconcile matters in controversy.
Withdraws previous amendment, which deleted provisions (1) amending GS 15A-301(c) to allow a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial official authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allow the officer to arrest the person named in the process, as provided in GS 15A-402(b); and (2) repealing GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he or she was appointed).
Enacts new GS 58-71-200, granting any individual with a bondsman license access to search criminal records in the Administrative Office of the Courts’ (AOC) criminal information systems. Limits the access to information systems with general criminal case information, and requires the access to be free of charge. Directs the Commissioner of Insurance to coordinate access, and to notify AOC within 24 hours of any action to suspend or revoke a bondsman’s license or authority. Provides additional details on a bondsman’s access to court information systems, and makes it unlawful to willfully (1) access AOC information systems through another individual’s online identifier; (2) allow another individual, directly or indirectly, to access the information systems; (3) access the information systems during a period of license revocation or suspension; or (4) distribute information obtained from the information systems for any reason not directly related to bail evaluation. Makes a violation of the provision a Class H felony.
Repeals Section 8 of SL 2011-377 [amending GS 15A-544.5(d)(4)] and instead amends GS 15A-544.5(d)(4), directing the clerk to enter an order setting aside the bail bond forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either, if neither the district attorney nor the board of education has filed a written objection to the motion by the 20th day after the motion is served. Effective December 1, 2011, amends GS 15A-544.5(d)(4), as amended by this act, to direct the clerk to enter an order setting aside the bail bond forfeiture, as specified, if neither the district attorney nor the attorney for the board of education has filed a written objection to the motion by the 20th day after a copy of the motion is provided by the clerk of superior court.
Amends GS 96-14(2) (concerning disqualification for unemployment benefits), as amended by SL 2011-401, to clarify that discharge for misconduct with the work includes being terminated or suspended from employment after arrest or conviction for an offense involving illegal drugs if the arrest or conviction is related or connected to an employee’s work or in violation of a reasonable work rule or policy. Also clarifies that the term includes the failure to adequately perform any other employment duties as demonstrated by no fewer than three written reprimands in the 12 months immediately preceding the employee’s termination, provided that the reprimands are for intentional acts or omissions showing a disregard of standards of behavior, as explained or expected, or showing a similar degree of carelessness or negligence. Amends GS 96-15(b)(2) (concerning adjudicating claims for unemployment benefits), as amended by SL 2011-401, allowing any interested employer 10 days from delivery of the notice of a filed claim (was, 30 days from the earlier of mailing or delivery of the notice) to protest the claim and have the claim referred to an adjudicator. Amends GS 96-15(f) (procedure for claims), providing that all stipulations and conclusions offered to an appeals referee, hearing officer, or other designated employee may either be accepted or rejected; if rejected, then either party may appeal to the Board of Review. Makes the provisions amending GS Chapter 96 effective November 1, 2011.
Makes a clarifying change to the effective date provision in SL 2011-385 (Modify Graduated Licensing Requirements).
Makes conforming changes to the bill title.
-
Bill S 580 (2011-2012)Summary date: Jun 17 2011 - View Summary
House amendment, adopted 6/16/11, makes the following changes to 2nd edition. Deletes provisions amending GS 15A-301(c), which allowed a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial official authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allowed the officer to arrest the person named in the process, as provided in GS 15A-402(b). Restores GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he or she was appointed), which was repealed by previous edition. Makes conforming change to the title.
-
Bill S 580 (2011-2012)Summary date: Jun 8 2011 - View Summary
Senate committee substitute, reported in on 6/7/11, makes the following changes to the 1st edition. Deletes provision concerning the collection of DNA samples upon arrest for certain offenses as a condition of pretrial release. Deletes provision from previous edition concerning retirement under GS 135-1(20). Deletes provision from previous edition which repealed GS 28A-9-1(a)(3), concerning the revocation of specified letters after a hearing when the person to whom the letters were issued violated a fiduciary duty. Deletes provisions of previous edition concerning the revocation of letters testamentary, letters of administration, or letters of collection. Deletes provision from the previous edition concerning the term of office for the clerk of superior court. Makes conforming change to the title.
-
Bill S 580 (2011-2012)Summary date: Apr 12 2011 - View Summary
Enacts new subsection (d1) to GS 15A-932, adding that if the proceeding was dismissed pursuant to GS 15A-932(a)(2) (the defendant fails to appear at a criminal proceeding at which appearance is required and the prosecutor believes defendant cannot readily be found) and charged only offenses permitting written appearance, waiver of trial or hearing, and plea of guilty or admission of responsibility under GS 7A-148(a), and the defendant submits the waiver and full payment of all costs, then the clerk must accept the waiver and payment without written reinstatement from the prosecutor. Directs the clerk, upon disposition of the case, to recall any outstanding criminal process pursuant to GS 15A-301(g)(2)b. (all charges have been disposed). Amends GS 15A-534(a), clarifying that collecting DNA samples upon arrest for certain offenses under GS 15A-266.3A may be made a condition of pretrial release, but collecting DNA upon a conviction or finding of not guilty by reason of insanity under GS 15A-266.4 may not be a condition of pretrial release. Enacts new subdivision (3) to GS 15A-301(c), allowing a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial officer authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allowing the officer to arrest the person named in the process, as provided in GS 15A-402(b). Makes a conforming change to GS 15A-402(b) (territorial jurisdiction of county and city officers). Makes other technical changes.
Amends GS 7A-343 (duties of the Director of the Administrative Office of the Courts) to add five statutory duties to the list, including the duty to prescribe policies and procedures for the assignment and compensation of magistrates performing duty outside their county of residence in an emergency, and the duty to issue photo identification cards to Judicial Department employees and officials. Also requires the report submitted to the Chief Justice and the General Assembly to include the activities of each NC Business Court, as detailed. Makes a conforming change to GS 7A-146(9), directing the chief district judge to follow procedures established by the Director when assigning magistrates temporary duty during an emergency.
Amends GS 135-1(20) to clarify that a member’s retirement, under the Retirement System for Teachers and State Employees, becomes effective if the member renders no service at any time during the six months immediately following the effective date of retirement, except for persons rendering service for the Judicial Branch. Specifies that the retirement of a member rendering service for the Judicial Branch becomes effective in any month that the member rendered no service for 30 days immediately following the effective date of retirement.
Repeals GS 28A-9-1(a)(3), which allows the revocation of specified letters after a hearing when the person to whom the letters were issued violated a fiduciary duty, as detailed. Amends GS 28A-9-2(a), allowing letters testamentary, letters of administration, or letters of collection to be revoked without a hearing when the person to whom the letters were issued violated a fiduciary duty through default or misconduct in the execution of office.
Repeals GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he was appointed). Amends GS 44A-16, allowing a clerk to release funds held under a claim of lien on real property or a corporate surety bond when the clerk receives a written agreement of the parties, a final judgment from a court of competent jurisdiction, or a consent order. Amends GS 163-1(d), clarifying that the term of office for the clerk of superior court runs for four years, from the first day (rather than first Monday) in December next after election. Amends GS 50-13.1(c), which allows the court to waive the mandatory setting of a contested custody or visitation matter for mediation upon motion and a showing of good cause, to permit (rather than require) the court to consider a showing that either party lives more than 50 miles from the court as good cause. Amends GS 7A-38.2(d), adding that certification and renewal fees collected by the Dispute Resolution Commission are nonreverting, to be used only at the direction of the Commission.
Effective July 1, 2011.