Senate committee substitute makes the following changes to the 3rd edition:
Deletes all of the provisions of the previous edition in their entirety.
Changes the short and long titles.
Amends GS 84-2.1, concerning the definition of "practice of law," adding new subdivision GS 84-2.1(b)(2), which provides that the "practice of law" does not include the design, creation, assembly, completion, publication, distribution, display, or sale of self-help legal written materials, books, documents, templates, forms, computer software, or similar products if the products clearly and conspicuously state that they are not a substitute for the advice of an attorney.
The Daily Bulletin: 2014-06-30
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The Daily Bulletin: 2014-06-30
PUBLIC/HOUSE BILLS
H 663 (2013-2014) DEFINE PRACTICE OF LAW. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO FURTHER DEFINE THE TERM "PRACTICE LAW" FOR PURPOSES OF REGULATING THE UNAUTHORIZED PRACTICE OF LAW.
| Intro. by Ramsey. | GS 84 |
H 1272 (2013-2014) JOB CORPS WEEK. Filed Jun 30 2014, A HOUSE RESOLUTION HONORING THE MEMORY OF DR. CARL SCHENCK, FOR WHOM THE TRANSYLVANIA COUNTY JOB CORPS IS NAMED; ARTHUR H. WHITE, FIRST CENTER DIRECTOR OF THE OCONALUFTEE JOB CORPS CONSERVATION CENTER; CAPP PRICE, FIRST CENTER DIRECTOR OF THE LYNDON B. JOHNSON CIVILIAN CONSERVATION CENTER; AND GEORGE AND ELIZABETH KITTRELL, CRITICAL ENABLERS OF THE KITTRELL JOB CORPS CENTER, WHILE RECOGNIZING AUGUST 18-22, 2014, AS "CELEBRATE JOB CORPS 50 WEEK."
As title indicates.
| Intro. by Whitmire, West, Queen, Baskerville. | HOUSE RES |
The Daily Bulletin: 2014-06-30
PUBLIC/SENATE BILLS
S 85 (2013-2014) UNC/MED STUDENT CLINICAL ROTATION SLOTS. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE AVAILABILITY OF THIRD AND FOURTH YEAR CLINICAL ROTATIONS FOR NORTH CAROLINA ALLOPATHIC AND OSTEOPATHIC MEDICAL STUDENTS AND THE AVAILABILITY OF GRADUATE MEDICAL EDUCATION POSITIONS FOR NORTH CAROLINA ALLOPATHIC AND OSTEOPATHIC MEDICAL SCHOOL GRADUATES.
The House amendment to the 2nd edition makes the following changes.
Deletes the provision that required the UNC School of Medicine, beginning with the Fall Semester 2015, to provide at least 25 percent of the total clerkships at UNC Hospitals to third- and fourth-year medical students attending accredited and provisionally accredited allopathic and osteopathic medical schools in the state and that required students desiring to do clinical rotations in the third and fourth year at UNC Hospitals to complete the visiting student application process and meet visiting student qualifications.
| Intro. by Clodfelter. | GS 116 |
S 594 (2013-2014) OMNIBUS JUSTICE AMENDMENTS. Filed Apr 2 2013, AN ACT TO REMOVE PROHIBITIONS ON CARRYING CONCEALED FIREARMS BY ADMINISTRATIVE LAW JUDGES, NORTH CAROLINA APPELLATE JUSTICES AND JUDGES, AND CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES; TO INCREASE THE PENALTY FOR CARRYING A CONCEALED FIREARM; TO INCREASE THE PENALTY FOR GIVING OR SELLING A CELL PHONE TO AN INMATE AND TO MAKE POSSESSION OF A CELL PHONE BY AN INMATE UNLAWFUL; TO AMEND THE OFFENSE OF MAKING THREATS AGAINST OR ASSAULTING LEGISLATIVE, EXECUTIVE, OR COURT OFFICERS; TO CREATE AN OFFENSE WHEN AN INMATE SOLICITS ANOTHER TO COMMIT A CRIMINAL OFFENSE; TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS OF THE AMUSEMENT DEVICE SAFETY ACT; TO PROPERLY IMPLEMENT CURRENT EXPUNCTION PROVISIONS; TO ADD QUALIFIED RETIRED CORRECTIONAL OFFICERS TO OFFICERS EXEMPT FROM CONCEALED CARRY COURSE; TO CONFORM STATE LAW WITH THE UNITED STATES SUPREME COURT DECISION IN HALL V. FLORIDA; TO ADD THE UNFAIR USE OF CRIMINAL RECORD INFORMATION TO THE CONSUMER PROTECTION LAWS; TO DIRECT MERGERS AT THE DEPARTMENT OF PUBLIC SAFETY; AND TO AUTHORIZE REMOTE VIDEO TESTIMONY BY FORENSIC AND CHEMICAL ANALYSTS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S COMMITTEE ON JUDICIAL EFFICIENCY AND EFFECTIVE ADMINISTRATION OF JUSTICE.
House amendments makes the following changes to the 6th edition:
Amendment #5
Changes the long title.
Amends GS 14-269(b)(4d), to provide that a justice or judge of the General Court of Justice in North Carolina (was, NC district court judge or superior court judge only) who has a concealed handgun permit issued in accordance with law is exempt from the prohibition of carrying a concealed weapon, provided that the justice or judge will not carry at any time while consuming alcohol or an unlawful controlled substance or while either remains in the person's body. Makes conforming changes.
Amends GS 14-415.27 to add justices or judges (replacing language that allowed NC district or superior court judges to carry) to those that may carry a concealed handgun in specified areas.
Amends GS 14-269.4, weapons on certain state property and in courthouses, to replace language that allowed only NC district or superior court judges to carry a concealed weapon, with language that states any justice or judge of the NC General Court of Justice is allowed to carry a concealed weapon with specified restrictions.
Amendment #6
Adds new language to proposed GS 20-139.1, concerning remote testimony by forensic and chemical analysts, providing that nothing in the proposed language obligates the Administrative Office of the Courts or the State Crime Laboratory to incur expenses related to remote testimony absent an appropriation of funds for that purpose.
Amendment #8
Amends GS 14-269 to provide that the prohibition on carrying concealed weapons does not apply to administrative law judges who have a valid concealed handgun permit to those individuals who may carry a concealed handgun in specified areas but prohibits carrying a concealed weapon while consuming alcohol or unlawful controlled substances or while those substances remain in the person's body.
Amends GS 14-415.27, adding NC administrative law judges to the list of persons that have an expanded permit scope for concealed weapons (was, any person who is an administrative law judge as described in GS Chapter 7A, Article 60, with specified conditions).
Makes technical changes.
S 773 (2013-2014) IMPLEMENT GSC RECOMMENDATIONS. Filed May 15 2014, AN ACT TO IMPLEMENT (I) THE RECOMMENDATIONS OF THE GENERAL STATUTES COMMISSION TO MODIFY THE SLAYER STATUTE DUE TO THE NEED TO ACCOUNT FOR PROPERTY HELD IN A JOINT TENANCY IN UNEQUAL SHARES, TO CLARIFY THE PROVISIONS FOR FILING CERTIFIED COPIES OF PROBATED WILLS IN OTHER COUNTIES WHERE A DECEDENT HAS REAL PROPERTY, AND TO DELETE THE STATUTORY FORMS FOR JUDGMENT DEBTORS CLAIMING EXEMPTIONS UNDER G.S. 1C 1601 BECAUSE THE ADMINISTRATIVE OFFICE OF THE COURTS ALREADY HAS WIDELY USED FORMS FOR THAT PURPOSE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND (II) THE RECOMMENDATIONS OF THE NORTH CAROLINA BAR ASSOCIATION TO CLARIFY THE REQUIREMENTS FOR THE TIMELY SUBSTITUTION OF A PERSONAL REPRESENTATIVE IN PLACE OF A DECEDENT IN AN ACTION PENDING AT THE DECEDENT'S DEATH AND TO CLARIFY THAT THE COMMON LAW RULE AGAINST ACCUMULATIONS DOES NOT APPLY TO TRUSTS IN THIS STATE; AND TO MAKE OTHER CHANGES TO THE LAW.
Senate amendment makes the following changes to the 2nd edition:
Changes the long title.
Amends GS 28A-19-1(c), concerning claims against the estate of a decedent, providing that the court may order a substitution of the personal representative or collector for the decedent on motion, and that motion will constitute the presentation of any claim pending in the action, provided that the substitution or a motion for substitution is made within the time specified for the presentation of claims under GS 28A-19-3 (previously, only spoke to the presentation of a claim, not any pending claim if the substitution is made within the specified time frame). Further provides that neither the timely substitution of the personal representation nor timely motion will extend the time for filing additional claims.
Amends GS 41-23(h), to add that the common law rule against accumulations also does not apply to trusts created or administered in North Carolina (previously, section stated that only GS 41-15 and the rule against perpetuities did not apply to trusts in North Carolina).
The Daily Bulletin: 2014-06-30
The Daily Bulletin: 2014-06-30
ACTIONS ON BILLS
Actions on Bills: 2014-06-30
PUBLIC BILLS
H 189: VARIOUS TAX LAW AND FILM GRANT CHANGES.
House: Cal Pursuant 36(b)
House: Placed On Cal For 07/01/2014
H 267: CAPTIVE INSURANCE AMENDMENTS (NEW).
Ratified
H 330: PLANNED COMMUNITY ACT/DECLARANT RIGHTS.
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
Senate: Special Message Sent To House
H 346: GOVERNING BODIES/COLLECT UNPAID JUDGMENTS.
Signed by Gov. 6/30/2014
Ch. SL 2014-40
H 366: NC FARM ACT OF 2014 (NEW).
House: Special Message Received For Concurrence in S Com Sub
House: Ref To Com On Agriculture
H 369: CRIMINAL LAW CHANGES.
Senate: Withdrawn From Cal
Senate: Placed On Cal For 07/01/2014
Senate: Withdrawn From Cal
Senate: Placed On Cal For 07/01/2014
H 379: AMEND VETERINARY PRACTICE ACT/FEES.
Ratified
H 663: DEFINE PRACTICE OF LAW.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
H 894: SOURCE WATER PROTECTION PLANNING (NEW)
Signed by Gov. 6/30/2014
Ch. SL 2014-41
H 1033: SPECIAL ASSESSMENT/DAM REPAIR.
House: Passed 3rd Reading
House: Special Message Sent To Senate
H 1034: VOLUNTEER FIRE AND RESCUE FINANCES (PED).
Ratified
H 1043: PREQUALIFICATION UPDATE.
Signed by Gov. 6/30/2014
Ch. SL 2014-42
H 1048: AG SELECTION CRITERIA/NCNG AMENDMENTS (NEW).
Senate: Withdrawn From Cal
Senate: Placed On Cal For 07/01/2014
H 1051: AUTHORIZE DHHS/COOPERATIVE EXTENSION CONTRACT.
Senate: Passed 1st Reading
Senate: Ref To Com On Health Care
H 1052: ADJUST THE UTILITY REGULATORY FEE.
Senate: Passed 3rd Reading
Senate: Ordered Enrolled
H 1057: DENR STUDY OF IBT/EMC ECO FLOW STUDY.
Senate: Passed 1st Reading
Senate: Ref To Com On Agriculture/Environment/Natural Resources
H 1097: SERVICE OF HEARING ORDER/MV DEALER LICENSEE.
Senate: Passed 1st Reading
Senate: Ref To Com On Transportation
H 1099: UNMANNED AIRCRAFT REGULATION.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 1101: MECH.LIENS/AMEND INFO./CHILD SUPP. ORDERS.
Senate: Withdrawn From Cal
Senate: Re-ref Com On Rules and Operations of the Senate
H 1102: MECHANICS LIENS - CLARIFY LIEN AGENT NOTICE.
Senate: Withdrawn From Cal
Senate: Re-ref Com On Rules and Operations of the Senate
H 1117: CONFORM PLEDGE OF JOINT ACCOUNT LAWS.
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
Senate: Ordered Enrolled
H 1139: STATE NAT. & HIST. PRESERVE ADDITIONS & DELETIONS (NEW).
Ratified
H 1157: ELECTRONIC DRIVERS LICENSE AMENDMENT.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Transportation
H 1182: UNC NONAPPROPRIATED CAPITAL PROJECTS.
Senate: Passed 3rd Reading
Senate: Ordered Enrolled
H 1190: DPS STUDY COMMERCIAL VEHICLE SAFETY ALLIANCE.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Transportation
H 1224: LOCAL SALES TAX OPTIONS/ECON. DEVPT. CHANGES (NEW).
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
H 1232: SALES TAX EXEMPTION FOR CERTAIN COINS.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 1262: SUICIDE PREVENTION RESOLUTION.
House: Withdrawn From Com
House: Placed On Cal For 07/02/2014
H 1265: HONOR MAYA ANGELOU.
House: Withdrawn From Com
House: Placed On Cal For 07/01/2014
H 1268: HONOR JIM GULLEY.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 1272: JOB CORPS WEEK.
House: Filed
S 3: JMAC MODIFICATIONS (NEW).
Senate: Special Message Received For Concurrence in H Com Sub
Senate: Ordered Return to House
Senate: Message Sent To House
S 58: CLARIFY STATUTE OF REPOSE (NEW).
Signed by Gov. 6/30/2014
Ch. SL 2014-44
S 78: LAW ENFORCEMENT PRIVACY/PUBLIC WEB SITES.
House: Postponed To 07/01/2014
S 85: UNC/MED STUDENT CLINICAL ROTATION SLOTS.
House: Amend Adopted A1
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Engrossed
S 477: NO SET FEE/NONCOVERED VISION SERVICES.
Signed by Gov. 6/30/2014
Ch. SL 2014-43
S 493: 2014 REGULATORY REFORM ACT (NEW).
Senate: Special Message Received For Concurrence in H Com Sub
Senate: Ref To Com On Ways & Means
S 594: OMNIBUS JUSTICE AMENDMENTS.
House: Amend Adopted A5
House: Amend Adopted A6
House: Amend Failed A7
House: Amend Adopted A8
House: Amend Failed A9
House: Passed 3rd Reading
House: Ordered Engrossed
S 614: MILITARY LANDS PROTECTION ACT.
Senate: Placed On Cal For 07/01/2014
S 648: NC COMMERCE PROTECTION ACT OF 2014 (NEW).
Senate: Special Message Received For Concurrence in H Com Sub
Senate: Placed on Today's Calendar
Senate: Failed Concur In H Com Sub
Senate: Senate Fail to Concur - No Appt Message Sent To House
S 729: COAL ASH MANAGEMENT ACT OF 2014 (NEW).
House: Passed 1st Reading
House: Ref to the Com on Environment, if favorable, Finance, if favorable, Appropriations
S 734: REGULATORY REFORM ACT OF 2014 (NEW).
Senate: Special Message Received For Concurrence in H Com Sub
Senate: Ref To Com On Ways & Means
S 761: CREDIT FOR MILITARY TRAINING.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Enrolled
S 773: IMPLEMENT GSC RECOMMENDATIONS.
Senate: Amend Adopted A1
Senate: Passed 2nd Reading
S 790: CAPE HATTERAS/GAS CITIES/INFRASTRUCTURE LAND (NEW).
Signed by Gov. 6/30/2014
Ch. SL 2014-39
S 793: CHARTER SCHOOL MODIFICATIONS.
Senate: Special Message Received For Concurrence in H Com Sub
Senate: Placed on Today's Calendar
Senate: Failed Concur In H Com Sub
S 812: REPLACE CCSS W/NC'S HIGHER ACADEM. STANDARDS (NEW).
House: Conf Com Appointed
House: Respond to Senate Fail to Concur - Appoint Conferees Message Sent To Senate
House: Conf Com Appointed
House: Respond to Senate Fail to Concur - Appoint Conferees Message Sent To Senate
S 877: EXEMPT TIME-SHARES/RULE AGAINST PERPETUITIES.
Senate: Withdrawn From Cal
Senate: Placed On Cal For 07/01/2014
S 883: MITIGATION BUFFER RULE/WASTEWATER TREATMENT (NEW).
Senate: Passed 1st Reading
Senate: Ref To Com On Agriculture/Environment/Natural Resources
Senate: Passed 1st Reading
Senate: Ref To Com On Agriculture/Environment/Natural Resources
Senate: Passed 1st Reading
Senate: Ref To Com On Agriculture/Environment/Natural Resources
Actions on Bills: 2014-06-30
LOCAL BILLS
H 1054: SPINDALE/CAPE FEAR SEWER FEE COLLECTION.
Senate: Passed 1st Reading
Senate: Ref To Com On Finance
H 1056: LAKE LURE OFFICIAL MAP.
House: Passed 2nd Reading
H 1067: MURPHY DEANNEXATION.
Senate: Passed 3rd Reading
Senate: Ordered Enrolled
Ratified
Ch. SL 2014-46
H 1113: BENT CREEK PROPERTY SULLIVAN ACT EXEMPTION.
House: Cal Pursuant 36(b)
House: Placed On Cal For 07/01/2014
H 1151: FAYETTEVILLE RED LIGHT CHANGES.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 1155: PINEHURST ANNEXATION.
House: Passed 3rd Reading
House: Special Message Sent To Senate
H 1218: MONROE ATTORNEY/ CABARRUS COMM.
House: Postponed To 07/01/2014
House: Postponed To 07/01/2014
H 1245: PLEASANT GARDEN ANNEX/WATHA DEANNEX (NEW).
House: Passed 3rd Reading
House: Special Message Sent To Senate
H 1247: ASHEVILLE REGIONAL AIRPORT.
House: Cal Pursuant 36(b)
House: Placed On Cal For 07/01/2014
H 1253: EXEMPT TIME-SHARES/RULE AGAINST PERPETUITIES.
Senate: Passed 1st Reading
Senate: Ref To Com On Commerce
S 201: STANLY COMMUNITY COLLEGE CAPITAL PROJECT (NEW).
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
S 523: WRIGHTSVILLE BEACH DEANNEX/WILMINGTON ANNEX (NEW).
Senate: Concurred On 3rd Reading
Senate: Ordered Enrolled
Ratified
Ch. SL 2014-45
S 767: ROCKINGHAM DEANNEXATION.
House: Passed 2nd Reading
S 839: WINSTON-SALEM/PARKING METERS.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
S 851: ALLOW ABSENTEE VOTING/1ST CRAVEN SANITARY DIS.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
S 871: RALEIGH/DURHAM/DEANNEXATION/ANNEXATION.
House: Passed 3rd Reading
House: Special Message Sent To Senate
Senate: Special Message Received For Concurrence in H Com Sub
Senate: Placed on Today's Calendar
Senate: Concurred In H/Com Sub
Senate: Ordered Enrolled
Ratified
Pres. To Gov. 06/30/2014
Signed by Gov. 6/30/2014
Ch. SL 2014-47
S 874: SPRUCE PINE DEANNEXATION.
House: Reptd Fav
House: Re-ref Com On Finance
S 875: BAKERSVILLE/STAGGER TERMS OF TOWN COUNCIL.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
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