House committee substitute makes the following changes to 2nd edition.
Amends proposed GS 75-16.3 as follows. Sets the filing fee for a motion requesting garnishment under this proposed statute at the same rate as the filing fee for other supplemental motions (was, set the filing fee for a motion for garnishment at $20) as set out in GS 7A-308(a)(2) (currently, $30). Directs that a copy of the order of garnishment be personally served on the judgment debtor and the garnishee using any method authorized under GS 1A-1, Rule 4(j) (was, service on the judgment debtor and the garnishee either personally or by certified or registered mail, return receipt requested).
Requires the garnishee, upon receiving a garnishment order and beginning with the judgment debtor's next pay period starting after the receipt of the notice of garnishment, to withhold the amount in the garnishment order and transmit that amount to the judgment creditor at the address specified in the order (was, directed the garnishee to transmit the amount ordered by the garnishment order to the clerk of court who was to disburse the amount to the judgment creditor). Directs the judgment creditor to deliver a written notice to the garnishee that the garnishment order is satisfied within five business days following satisfaction of the judgment.
Clarifies that a judgment creditor must not notify the clerk of superior court of each individual payment received under the garnishment order; however, does require the judgment creditor to notify the clerk within 60 days of receipt of payment in full and satisfaction of the judgment. Provides that a judgment creditor who does not file the required notice within 30 days of a written demand by the judgment debtor may be required to pay a civil penalty of $100 in addition to attorneys' fees and any loss caused to the judgment debtor by the failure to file the notice.
The Daily Bulletin: 2011-05-23
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The Daily Bulletin: 2011-05-23
| Intro. by Moore. |
House amendment makes the following changes to 2nd edition. Clarifies that the judgeship for Wake County Superior Court District 10A is to be filled by Paul C. Ridgeway, whose term expires December 31, 2014. Clarifies that the judgeship for Wake County Superior Court District 10B is to be filled by Michael R. Morgan, whose term expires December 31, 2012.
| Intro. by Dollar, Stam, Avila, Murry. | Wake |
House committee substitute makes the following changes to 2nd edition. Amends proposed GS 163-278.130 to clarify that vendor includes an individual who is a member of a board, commission, or other body with a contract greater than $25,000 with any office established by Article III of the North Carolina Constitution that takes action on the contract, regardless of whether the individual participates individually in that action, unless the individual (1) is prohibited from voting by a policy of the corporation and (2) does not vote on the contract. Makes a technical change.
| Intro. by Stam, Ross, Glazier, McGee. |
House amendment makes the following change to 2nd edition. Adds language to GS 146-30(a) to forbid state lands or contracts being divided for the purpose of evading the appraised value of the provisions of Subchapter II of GS Chapter 146.
| Intro. by Hastings, Stam, Crawford. |
House committee substitute makes the following changes to 1st edition. Amends proposed GS 53-146.2A to clarify that if the beneficiary of a payable on death account is an entity other than a natural person, there will be only one beneficiary. Makes other clarifying and conforming changes. Amends proposed GS 53-146.2A to add that if a natural person sets up a payable on death account with the incidents detailed in the statute, the language may be on a signature card or in a separate explanatory document.
Makes similar changes to proposed GS 54B-130A, GS 54C-130A, and GS 54-109.57A. Clarifies that the act is effective October 1, 2011, and applies to agreements executed on or after that date. Agreements executed before October 1, 2011, remain subject to the laws in effect at the time the parties executed the agreement.
| Intro. by Hastings. |
House committee substitute makes the following changes to 1st edition. Deletes proposed GS 1-539.17 added to GS Chapter 1, Article 43C, and instead adds new GS 6-21.6 to GS Chapter 6, Article 3. Provides that in an action (was, in any civil action) in which a city or county is a party (was, a defendant), the court may award reasonable attorney’s fees if the court finds that the city or county acted outside the scope of its legal authority (was, if the court finds that there was not statutory authority for any ordinance, resolution, or administrative action of the city or county and that the action of the city or county was an abuse of authority).
Changes the title to AN ACT TO PROVIDE THAT WHEN CITIES AND COUNTIES ACT OUTSIDE OF THE SCOPE OF THEIR AUTHORITY, THE PARTY SUCCESSFULLY CHALLENGING THAT ACTION MAY RECOVER REASONABLE ATTORNEY’S FEES.
Applies to claims for relief that are brought or defended on or after the date the act becomes law.
| Intro. by Brawley, Moffitt, LaRoque, Brubaker. |
House committee substitute makes the following changes to 1st edition. Adds new subsection (g) to GS 101-5 to authorize the clerk of superior court (clerk), upon learning of fraud or material misrepresentation in the application for a name change, to set aside the order granting the name change on the clerk’s own motion after providing notice and an opportunity to be heard to the name change applicant. Directs the clerk to notify the State Registrar of Vital Statistics and the Division of Criminal Information if the name change order is set aside.
| Intro. by Spear, Randleman, Stam. |
The Daily Bulletin: 2011-05-23
Senate committee substitute makes the following changes to 1st edition. Deletes amendment to GS 58-70-15, which expanded the list of persons or entities not subject to the collection agency statutes, and replaces with AN ACT TO CLARIFY THAT REGULAR EMPLOYEES OF DULY LICENSED DEBT COLLECTION AGENCIES ARE NOT REQUIRED TO OBTAIN A COLLECTION AGENCY PERMIT. Amends GS 58-70-1 as the new title indicates. Effective when it becomes law (was, effective July 1, 2011).
| Intro. by Jenkins. |
Senate amendment makes the following change to 1st edition. Makes a technical change only.
| Intro. by Brown. |
Senate committee substitute makes the following changes to 1st edition. Deletes proposed subsection (g) to GS 132-1.1 (Personally identifiable small business counseling information) and deletes proposed conforming amendments to the catch line of GS 132-1.1 and GS 132-1.2.
Instead, amends GS 115D-78 to exempt documents submitted by an individual seeking business counseling or technical assistance to the North Carolina Community College System’s Small Business Center Network (Network), and documents created by the Network to provide counseling and technical assistance to the individual from the definition of public record as defined by GS 132-1.
Enacts new GS 116-43.16 to exempt documents submitted by an individual seeking business counseling or technical assistance to the University of North Carolina’s Small Business and Technology Development Centers (Centers), and documents created by a Center to provide counseling and technical assistance to the individual from the definition of public record as defined by GS 132-1.
Changes the title to AN ACT PROVIDING THAT SMALL BUSINESS ASSISTANCE RECORDS ARE NOT PUBLIC RECORDS.
| Intro. by Hartsell. |
Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 14-409.46, clarifying that a sport shooting range that relocates to another location within the same county due to condemnation, rezoning, annexation, road construction, or development is considered to be continuously in existence and not to have undergone a substantial change in use. Adds that a sport shooting range exempted from liability under Article 53C of GS Chapter 14 that relocates to a new location in a different county must comply with ordinances in effect at the new location as of the date property is purchased to establish the range.
| Intro. by Brock. |
The Daily Bulletin: 2011-05-23
The Daily Bulletin: 2011-05-23
Senate committee substitute makes the following changes to 1st edition.
Amends GS 14-269(a) to clarify that it is also unlawful to willfully and intentionally carry concealed nonmetallic knuckles (was, plastic knuckles), except on one’s own premises. Makes a conforming change to GS 14-269.2(d) and (e). Amends GS 14-315(a) to clarify that it is a Class 1 misdemeanor to sell or otherwise transfer to a minor metallic or nonmetallic knuckles (was, brass knucks or plastic knuckles) or other prohibited item under existing law. Specifies that prosecutions for offenses committed before the act’s effective date, December 1, 2011, including prosecutions where nonmetallic knuckles have been alleged to be deadly weapons, are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. Makes conforming changes to the bill title.
| Intro. by Kinnaird. |
Actions on Bills: 2011-05-23
H 30: ALLOW WAGE GARNISHMENT TO SATISFY JUDGMENTS.
H 72: COMMUNITY COLLEGE INVESTMENT FLEXIBILITY.
H 98: BREWERIES TO SELL MALT BEVERAGES ON PREMISES.
H 112: REALIGN WAKE SUPERIOR COURT DISTRICTS.
H 139: LIMIT CONTRIBUTIONS BY STATE VENDORS.
H 206: MODIFY PROPERTY TAX BASE EXCLUSIONS.
H 227: DISTURBING/DISMEMBERING HUMAN REMAINS (NEW).
H 280: COUNTY LAW ENFORCEMENT SERVICE DISTRICT.
H 306: TRANSFER GSC/REVISOR OF STATUTES TO GA (NEW).
H 345: MODIFY MOVE OVER LAW.
H 366: SPECIAL ELECTION DATES.
H 387: ACCESS CONFIDENTIAL INFO/CHILD ABUSE/NEGLECT.
H 474: PROTECT ADULT CARE HOME RESIDENTS.
H 503: PARENT CHOICE/CLARIFY PRE-K (NEW).
H 515: COMM. COLL. TUITION FOR MEMBERS OF MILITARY.
H 572: ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS.
H 582: AMEND FELONY FIREARMS ACT/INCREASE PENALTIES.
H 596: TRANSFER SURPLUS PROP. TO RETIREMENT SYSTEM.
H 605: EXPAND SETOFF DEBT COLLECTION ACT.
H 623: ELIMINATE AGENCY FINAL DECISION AUTHORITY.
H 638: UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT.
H 643: EXEMPT CCPCUA FROM IBT REQUIREMENTS.
H 658: CHANGE EARLY VOTING PERIOD.
H 686: PAYABLE ON DEATH ACCOUNTS.
H 687: ATTY FEES/CITY OR COUNTY ACTION OUTSIDE AUTH. (NEW).
H 690: AMEND EVIDENCE & DNA EXPUNCTION LAWS (NEW).
H 697: STUDY STROKE PREVENTION IN AFIB.
H 805: ADDITIONAL NAME CHANGE REQUIREMENTS.
H 843: MODERNIZE NC EMERGENCY MANAGEMENT ACT.
H 877: CHECK OFF DONATION: GOVERNMENT FUNDING.
S 63: CLARIFY PERMIT REQ. COLLECTION AGENCY E'EE (NEW).
S 129: STATE MINERAL IS GOLD.
S 143: DETENTION FACILITY REQUIREMENTS.
S 245: MEDICAID BILLING BY LOCAL HEALTH DEPARTMENTS.
S 247: ELIMINATE MEANS TEST FROM 529 DEDUCTION.
S 279: CLARIFY RENEWABLE ENERGY RESOURCE DEFINITION.
S 316: ADD'L SECTION 1915 MEDICAID WAIVER SITES.
S 323: STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW).
S 382: AMEND WATER SUPPLY/WATER QUALITY LAWS (NEW).
S 385: SMALL BUSINESS ASSIST. RECORDS/TAX PAYMENTS (NEW).
S 426: PUBLIC FINANCE LAWS/MUNICIPAL SERVICE DISTS (NEW).
S 537: INCREASE IN REM FORECLOSURE FEE.
S 560: SPORT SHOOTING RANGE PROTECTION.
S 602: DOMESTIC FOWL STRAY/COMMERCIAL POULTRY LANDS.
S 670: REVISE MEMBERSHIP/HEARING AID FITTERS BOARD.
S 713: SPIRITUOUS LIQUOR SALES--DISTILLERIES (NEW).
S 727: NO DUES CHECKOFF FOR SCHOOL EMPLOYEES.
S 730: TAXPAYER ACTION IF NO DOR DETERMINATION.
S 731: ZONING/DESIGN AND AESTHETIC CONTROLS.
Actions on Bills: 2011-05-23
H 97: UNION FIRE FEE SUNSET REPEALED.
H 118: WINSTON-SALEM/DAILY CURRENCY/COINS DEPOSITS.
H 292: INCORPORATE ROUGEMONT.
H 367: ROANOKE RAPIDS DEANNEXATION.
H 486: TRYON DEANNEXATION.
H 537: WILKES FIRE TAX DIST. BOUNDARIES.
H 541: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM (NEW).
H 573: RALEIGH/WAKE FOREST BOUNDARY (NEW).
H 679: WAKE SUPERIOR COURT CURATIVE (NEW).
S 19: UNION FIRE FEE SUNSET REPEALED.
S 149: LENOIR & GREENE VOTER ID/SUNDAY VOTING (NEW).
S 200: ALAMANCE/ORANGE 9% BOUNDARY.
S 201: ALAMANCE/ORANGE BOUNDARY.
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