The Daily Bulletin: 2017-10-05

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The Daily Bulletin: 2017-10-05

PUBLIC/HOUSE BILLS
H 717 (2017-2018) JUDICIAL ELECTIONS CHANGES. (NEW) Filed Apr 10 2017, AN ACT TO REVISE THE JUDICIAL DIVISIONS; TO MAKE CERTAIN ADJUSTMENTS TO THE ASSIGNMENT OF COUNTIES TO THE SUPERIOR COURT, DISTRICT COURT, AND PROSECUTORIAL DISTRICTS; TO CLARIFY LISTING OF JUDICIAL SEATS ON THE BALLOT; AND TO LIMIT ROTATION OF SUPERIOR COURT JUDGES TO SIX MONTHS PER YEAR.

House committee substitute makes the following changes to the 3rd edition.

Adds whereas clauses.

Amends GS 7A-40.5, judicial divisions and superior court districts as follows. Changes the make up of Districts 39A and 39B (Buncombe County). Increases the number of superior court judges for District 5 from two to three. Amends the residency requirements for persons running for judgeships in District 5. Adds that one judge in District 5 from Greene, Lenoir, or Wayne County takes office on January 1, 2021, with elections in 2020. Provides that one judge in District 5 from Greene or Lenoir County, and one judge from Wayne County take office on January 1, 2025, with elections in 2024.  Adds that the voters of District 7 must elect all judges established for the district but only persons who reside in Edgecombe County may be candidates for one of the judgeships, only persona residing in Nash County may be candidates for one of the judgeships, and only person who reside in Wilson County may be candidates for the remaining judgeship. Makes a technical correction and conforming changes.

Deletes the provision of GS 7A-45.4 (a) through (a9) and instead provides as follows. Specifies that the statute governs the appointment of special superior court judges. Subjects special superior court judges to the same oath of office and the same requirements and disabilities as for regular superior court judges except for the residency requirement. Allows the Governor to appoint a new special superior court judge upon the retirement, resignation, removal from office, death, or expiration of the term of the specified current superior court judgeships. Requires that before the Governor submits a nominee to the General Assembly for a judgeship to the business court, the Governor must consult with the Chief Justice.

Amends GS 7A-133.5, concerning the districts for district court judges, as follows. Changes the make up of Districts 39A and 39B (Buncombe County). Increases the number of district court judges in District 18C from two to three. Makes technical changes. Amends the provisions for judges in the specified districts who are to take office on January 1, 2019, with elections in 2018, as follows. Makes the provision also applicable to three (was two) judges in District 16; two (was, one) judge in District 18C; one judge in District 19; one judge from Anson or Richmond County (was, one judge) in District 24; five (was, three) judges in District 26A; four (was, six) judges in District 26B; two judges in District 30B (was, in 30A); seven (was, six) judges in District 35; three (was, two) judges in District 39A; and two (was, three) judges in District 39B. Amends the provision for judges in the specified districts, who are to take office on January 1, 2021, with elections in 2020, as follows. Makes the provision also applicable to one (was, two) judges from District 16; three (was, four) judges from District 19; one judge from Anson or Richmond counties in District 24 and five judges from Anson, Richmond, or Union counties in District 24; seven (was, nine) judges from District 26A; five (was, three) judges from District 26B); one (was, three) judges from District 30A; one (was, three) judge from District 30B; one (was, two) judge fro District 35; one (was, two) from District 39A; and one judge from District 39B. Makes technical and conforming changes.

Adds that the voters of District 24 must elect all judges established for the district, but only persons residing in Anson or Richmond counties may be candidates for two of the judgeships and only persons residing in Anson, Richmond, or Union counties may be candidates for the remaining judgeships.

Amends GS 7A-60.5 by increasing the designated number of full-time district attorneys in the following districts: 5, 6, 10, 15, 18, 25, 26, 30, and 41.

 

 

Intro. by Burr, Stone, Destin Hall, Millis.STUDY, GS 7A, GS 163
H 717 (2017-2018) JUDICIAL ELECTIONS CHANGES. (NEW) Filed Apr 10 2017, AN ACT TO REVISE THE JUDICIAL DIVISIONS; TO MAKE CERTAIN ADJUSTMENTS TO THE ASSIGNMENT OF COUNTIES TO THE SUPERIOR COURT, DISTRICT COURT, AND PROSECUTORIAL DISTRICTS; TO CLARIFY LISTING OF JUDICIAL SEATS ON THE BALLOT; AND TO LIMIT ROTATION OF SUPERIOR COURT JUDGES TO SIX MONTHS PER YEAR.

House amendments make the following changes to the 4th edition.

Amendment #1 modifies GS 7A-133.5, adding residency requirements for district court judges in District 23. Adds that one judge in District 23 from Chatham County and two judges from Chatham or Randolph County in District 23 take office on January 1, 2021, with elections in 2020. Makes technical conforming changes. 

Amendment #2 modifies GS 7A-40.5, further specifying the residency requirements for superior court judges in District 7. Provides that of the three judgeships established for superior court District 7, one judge is to be elected by the qualified voters of each of Edgecombe County, Nash County, and Wilson County, and only persons who reside in Edgecombe County, Nash County, and Wilson County can be candidates for the judgeships, respectively.

Amendment #4 further modifies GS 7A-133.5, increasing the number of district court judges in District 15B from five to six. Provides that four judges in District 15B are to take office on January 1, 2019, with elections in 2018.

Amendment #7 further modifies GS 7A-133.5, adding residency requirements for district court judgeships in District 16. Adds that two judges in District 16 from Hoke or Moore County take office on January 1, 2019, with elections in 2018. Further adds that one judge in District 16 from Hoke County and one judge in District 16 from Hoke or Moore County take office on January 1, 2021, with elections held in 2020. Makes technical conforming changes. 

Amendment #9 further modifies GS 7A-133.5, adding residency requirements for district court judges in District 14. Adds that one judge in District 14 from Scotland County and one judge in District 14 from Robeson County take office on January 1, 2019, with elections in 2018. Makes technical conforming changes. 

Intro. by Burr, Stone, Destin Hall, Millis.STUDY, GS 7A, GS 163

The Daily Bulletin: 2017-10-05

PUBLIC/SENATE BILLS
S 656 (2017-2018) ELECTORAL FREEDOM ACT OF 2017. Filed Apr 4 2017, AN ACT TO CHANGE THE DEFINITION OF A "POLITICAL PARTY" BY REDUCING THE NUMBER OF SIGNATURES REQUIRED FOR THE FORMATION OF A NEW POLITICAL PARTY AND FOR UNAFFILIATED CANDIDATES TO OBTAIN BALLOT ACCESS ELIGIBILITY; TO AUTHORIZE ESTABLISHMENT OF POLITICAL PARTIES RECOGNIZED IN A SUBSTANTIAL NUMBER OF STATES IN THE PRIOR PRESIDENTIAL ELECTION; TO CHANGE TIMING OF FILING OF PETITIONS; TO REDUCE THE THRESHOLD FOR A SUBSTANTIAL PLURALITY TO THIRTY PERCENT; AND TO ELIMINATE JUDICIAL PRIMARIES FOR THE 2018 GENERAL ELECTION.

Conference report #2 makes the following changes to the 4th edition.

Makes changes identical to those made in conference report #1 with the following exceptions.

Retains changes to GS 163-122 requiring voters filing a petition to have the voter's name printed on the general election ballot as an unaffiliated candidate for a district office other than General Assembly to file the petition on or before noon on the day of the primary election and requires that the petition be signed by qualified voters of the district equal in number to 1.5% of the total number of registered voters in the district. Adds that the petition must be signed by at least 200 registered voters from each of three (was, at least three) congressional districts in North Carolina. 

Removes district attorneys from the specified offices for which no party primaries are to be held for candidates seeking those offices in the general election held on November 6, 2018. Makes conforming changes. 

Makes a technical correction to the statutory reference in the provisions concerning party affiliation indication on notices for candidacy.

Intro. by Brock.GS 163
S 696 (2017-2018) ADJOURN OCTOBER SESSION/RECONVENE IN JANUARY. Filed Oct 5 2017, A JOINT RESOLUTION ADJOURNING THE SESSION RECONVENED PURSUANT TO SECTION 3.1 OF RESOLUTION 2017-12, AS AMENDED BY RESOLUTIONS 2017-14 AND 2017-15, AND FURTHER AMENDING RESOLUTION 2017-12.

Provides that when the House and Senate adjourn on Tuesday, October 17, 2017, they stand adjourned to reconvene as provided in Resolution 2017-12 (Adjournment Resolution).

Amends Resolution 2017-12, as previously amended, as follows. Provides that when the House and Senate adjourn on Tuesday, October 17, 2017, they stand adjourned to reconvene at noon on Wednesday, January 10, 2018. Limits the matters that may be considered during the reconvened session to the following: 

  • Bills revising the judicial divisions of the State, the superior court districts, the district court districts, and the prosecutorial districts and the apportionment of judges and district attorneys among those districts and containing no other matter.
  • Bills revising districts for cities, counties, and other political subdivisions of the State and the apportionment of elected officials among those districts and containing no other matter.
  • Bills revising Senate districts and the apportionment of Senators among those districts and containing no other matter.
  • Bills revising the Representative districts and the apportionment of Representatives among those districts and containing no other matter.
  • Bills amending the constitution.
  • Bills vetoed by the governor, solely for the purpose of considering overriding the veto upon reconsideration.
  • Bills providing for selection, appointment, or confirmation.
  • Bills providing for action on gubernatorial nominations or appointments.
  • Bills concerning redistricting litigation or any other litigation challenging the legality of legislative enactments.
  • Bills returned on or after Wednesday, June 28, 2017, to the house in which the bill originated for concurrence.
  • Adoption of conference reports for bills which were in conference on or after June 28, 2017, and conferees had been appointed by both houses on or after that date.
  • Bills relating to election laws.
  • Bills making technical corrections to SL 2017-57 (Appropriations Act of 2017), SL 2017-119 (Disaster Recovery Act of 2017), or both.
  • Local bills having passed third reading in the house in which introduced, received in the other house in accordance with crossover deadlines set out in Senate Rule 41 or House Rule 31.1(h), as appropriate, and not disposed of in the other house by tabling, unfavorable committee report, indefinite postponement, or failure to pass any reading, and which do not violate the rules of the receiving house.
  • A joint resolution further adjourning the 2017 Regular Session or amending a joint resolution adjourning the 2017 Regular Session to a date certain.

When the House and Senate jointly adjourn the session convened on Wednesday, January 10, 2018, they stand adjourned to reconvene on Wednesday, May 16, 2018, at noon. Matters that may be considered during the reconvened session on May 16 remain as set forth in Resolution 2017-12.

Intro. by Rabon.JOINT RES

The Daily Bulletin: 2017-10-05

The Daily Bulletin: 2017-10-05

LOCAL/SENATE BILLS
S 181 (2017-2018) ELECTRONIC NOTICE - GUILFORD COUNTY (NEW). Filed Mar 6 2017, AN ACT TO ESTABLISH A PILOT PROGRAM AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO PUBLISH REQUIRED NOTICES ELECTRONICALLY AND TO AUTHORIZE GUILFORD COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEB SITE FOR A FEE.

AN ACT TO ESTABLISH A PILOT PROGRAM AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO PUBLISH REQUIRED NOTICES ELECTRONICALLY AND TO AUTHORIZE GUILFORD COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEB SITE FOR A FEE. Enacted October 5, 2017. Effective October 5, 2017.

Intro. by Lowe.Guilford
ACTIONS ON BILLS

Actions on Bills: 2017-10-05

PUBLIC BILLS

H 717: JUDICIAL ELECTIONS CHANGES. (NEW)

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A4
    House: Amendment Withdrawn A5
    House: Amend Failed A6
    House: Amend Adopted A7
    House: Amend Failed A3
    House: Amend Failed A8
    House: Amend Adopted A9
    House: Amendment Withdrawn A10
    House: Amend Failed A11
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A4
    House: Amendment Withdrawn A5
    House: Amend Failed A6
    House: Amend Adopted A7
    House: Amend Failed A3
    House: Amend Failed A8
    House: Amend Adopted A9
    House: Amendment Withdrawn A10
    House: Amend Failed A11
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate

S 16: BUSINESS & AGENCY REG. REFORM ACT OF 2017 (NEW).

    Senate: Withdrawn From Com
    Senate: Placed on Today's Calendar
    Senate: Veto Overridden
    House: Veto Received From Senate
    House: Placed On Cal For 10/06/2017
    House: Veto Overridden
    House: Added to Calendar
    House: Veto Overridden
    Ch. SL 2017-211

S 582: BUDGET & AGENCY TECHNICAL CORRECTIONS (NEW).

    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    House: Conf Report Adopted
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    House: Conf Report Adopted
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Ratified
    Pres. To Gov. 10/5/2017

S 656: ELECTORAL FREEDOM ACT OF 2017.

    Senate: Conf Rept Withdrawn
    House: Conf Rpt Withdrawn
    House: Added to Calendar
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    House: Conf Report Adopted
    Senate: Conf Report Adopted
    Senate: Ordered Enrolled
    Ratified
    Pres. To Gov. 10/5/2017
    Pres. To Gov. 10/5/2017

S 694: FURTHER MODIFICATIONS TO APPOINTMENTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 695: ADJOURN AUGUST RECONVENED SESSION.

    Senate: Held As Filed

S 696: ADJOURN OCTOBER SESSION/RECONVENE IN JANUARY.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

Actions on Bills: 2017-10-05

LOCAL BILLS

H 514: PERMIT MUNICIPAL CHARTER SCHOOL/CERTAIN TOWNS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 181: ELECTRONIC NOTICE - GUILFORD COUNTY (NEW).

    House: Passed 2nd Reading
    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
    Ch. SL 2017-210

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