House amendment makes the following changes to the 2nd edition.
Amendment #1 removes the head covering prohibition for male members in the House Chamber or visitors in the galleries while the House is in session set forth in Rules 12 and 53, respectively.
The Daily Bulletin: 2019-02-06
|Intro. by Lewis.||HOUSE RES|
Enacts Article 53 to GS Chapter 1, titled the Uniform Collaborative Law Act.
Sets out defined terms for the Article. Establishes that the Article applies to a collaborative law participation agreement that meets the specified requirements, described below, signed on or after the effective date of the act. Adds that the Article does not apply to any claim or proceeding arising under GS Chapters 35A (Incompetency and Guardianship), 35B (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act), or 50 (Divorce And Alimony). Prohibits minors, unborn individuals, and incompetent individuals from being parties to a collaborative law process.
Establishes the requirements for a collaborative law participation agreement (agreement) as follows. The agreement must (1) be in a record; (2) be signed by the parties and their collaborative lawyers; (3) state the parties' intentions to resolve a collaborative matter through the collaborative law process of the Article; (4) describe the nature and scope of the collaborative matter; (5) identify the collaborative lawyer who represents each party; (6) contain a statement by each collaborative lawyer confirming the collaborative lawyer's representation of a party in the collaborative law process; (7) state that the collaborative lawyers are disqualified from representing their respective parties in a proceeding before a tribunal related to the collaborative matter, except as provided; and (8) provide an address for each party where any notice required by the Article may be sent. Permits parties to agree to include additional provisions that are not inconsistent with the Article in an agreement.
Establishes that participation in a collaborative law process is voluntary and prohibits a tribunal from ordering a person to participate over that person's objection. Establishes that the process begins when the parties sign a collaborative law participation agreement, and concludes upon (1) resolution of a collaborative matter, evidenced by a signed record; (2) resolution of part of a collaborative matter, evidenced by a signed record, in which the parties agree the remaining parts will not be resolved in the process; or (3) termination of the process. Termination occurs when (1) a party or collaborative lawyer gives notice to all other parties in a record that the process is ended; (2) a party begins a proceeding related to the collaborative matter without the agreement of all parties, except as provided, or in a pending related proceeding, a party initiates a pleading, motion, order to show cause, or request for a conference with a tribunal without the agreement of all parties or requests that the proceeding be put on the tribunal's active calendar; or (3) a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party. Requires a party's collaborative lawyer to give prompt notice to all record parties of a discharge or withdrawal. Permits a party to terminate a process with or without cause. Provides for the continuance of a process after the discharge or withdrawal of a collaborative lawyer, as specified. Specifies that a process does not conclude if a party requests a tribunal to approve a resolution of all or part of the collaborative matter and all parties consent, as evidenced by a signed record. Adds that an agreement can provide additional methods to conclude the process. Further provides that an agreement tolls all legal time periods applicable to legal rights and issues under law, including statutes of limitations, statutes of repose, filing deadlines, and other time limitations, between the parties from the time the parties sign an agreement until termination. Establishes that the tolling period terminates 30 days after receipt by the last party to receive the notice of an intent to terminate the tolling period.
Requires parties in a pending proceeding to file notice of the agreement with tribunal in which a proceeding is pending after it is signed, which operates as a stay of the proceeding, as well as a notice when the process concludes, which operates to lift the stay. Permits the tribunal to require a status report on the process and proceedings as described. Prohibits a status report from including, and a tribunal from considering, a report, assessment, evaluation, recommendation, finding, or other communication regarding the collaborative law process or matter. Directs a tribunal to provide notice and a hearing opportunity before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
Authorizes a tribunal to issue emergency orders during the collaborative process for that or an already pending proceeding to protect the health, safety, welfare, or interest of a party or otherwise preserve the status quo.
Authorizes a tribunal to approve an agreement resulting from a collaborative law process.
Provides for disqualifications of collaborative lawyers and associated lawyers regarding appearing in related matters, and includes lawyers representing a party with or without fee. Provides for associated disqualified lawyers to represent a party without fee in a related matter if certain requirements are met. Provides for the representation of a governmental entity by an associated lawyer in the same or related matter if certain requirements are met.
Details disclosure requirements during the collaborative law process. Allows parties to define the scope and terms of disclosure during the process.
Clarifies that the Article does not affect professional responsibility standards to lawyers or other licensed professionals.
Details the responsibility of a prospective collaborative lawyer regarding informed consent of a prospective party before signing a collaborative law participation agreement.
Establishes that no person incurs liability for their decision to participate in the process or not.
Makes all collaborative law communication confidential to anyone other than the parties, a party's collaborative lawyer, or a nonparty (with consent of all parties signed in a record), or as provided by other state law.
Establishes that a collaborative law communication is privileged, not subject to discovery, and not admissible in evidence. Specifies that evidence or information that is otherwise admissible or subject to discovery does not become admissible or protected from discovery solely because of its disclosure or use in a collaborative law process. Provides for waiver and preclusion of privilege, as described. Also sets out limitations of privilege, establishing there is no privilege for communications that are public records, threats, or statements of a plan to inflict bodily injury or commit a crime of violence; intentionally used to plan, commit, or attempt to commit a crime or conceal an ongoing crime or criminal activity, or part of an agreement resulting from the collaborative law process evidenced by a record signed by all parties. Further provides that privilege does not apply for proof in professional misconduct or malpractice complaints, when evidence is not otherwise available in the prosecution of a felony or for contract disputes arising out of a collaborative law process, or if the parties agree in advance that all or part of the process is not privileged.
Authorizes a tribunal to find that parties intended to enter into a collaborative law participation agreement, even if the requirements of the Article are not met, if there is a signed record of that intention and the parties reasonably believed they were participating in a collaborative law process, whereby the tribunal can enforce the agreement, apply the disqualification provisions of the Article, and apply privileges of the Article.
Clarifies that the Article does not prohibit parties from mutually agreeing to alternative forms of dispute resolution.
Encourages the promotion of uniformity of the law in applying and construing the act.
Provides that the Article modifies, limits, or supersedes the federal Electronic Signatures in Global National Commerce Act, but does not modify, limit, or supersede Section 101(c) of that Act, or authorize electronic delivery of any of the notices set out in Section 103(b) of that Act.
Includes a severability clause.
Directs the Revisor of Statutes to print all relevant portions of the Official Comments to the Uniform Collaborative Law Act and all explanatory comments of the drafter of this act as deemed appropriate.
Effective October 1, 2019.
|Intro. by Davis.||GS 1|
Amends GS 164-14 to decrease the membership of the General Statutes Commission (Commission) from 14 to 13 members, eliminating one member appointed by the dean of the Charlotte School of Law, effective August 31, 2019. Makes technical changes to eliminate provisions providing for the terms of original members. Provides that member appointments are for two-year terms beginning September 1 of the year when the appointments are to become effective and expiring August 31 two years thereafter (currently, terms begin June 1 of the year when the appointments are to become effective and expire May 31 two years thereafter). Eliminates the requirements that appointment must be made no later than May 31 of the year when appointments are to become effective. Eliminates existing language concerning vacancies and instead provides that the original appointing authority must appoint a new member to fill a vacancy for the duration of the unexpired term when a vacancy occurs for any reason (currently, provides for the Governor to appoint new members in cases where original appointments or subsequent vacancies were not timely filled). Adds new provision to specify that the new vacancy provisions do not apply when a member is continuing to serve until the appointment of a successor has been made and reported to the secretary of the Commission, despite the expiration of their term. Makes conforming changes. Extends the terms of current members of the Commission to August 31 of the year in which they would otherwise expire.
|Intro. by Davis.||GS 164|
Includes whereas clauses. Amends GS 7A-41 and GS 7A-133, increasing the number of judges in superior court District 4 and district court District 4 (both districts consisting of Duplin, Jones, Onslow, and Sampson counties) to three superior court judges (was, two) and ten district court judges (was, eight). Effective January 1, 2021, with elections conducted in 2020 to be conducted consistent with the judgeships created in the act.
Appropriates $338,573 from the General Fund to the Administrative Office of the Courts for the 2020-21 fiscal year. Effective July 1, 2020.
Requires the appointment of a committee of six Representatives and six Senators by the presiding officers of the respective houses to invite Governor Cooper to address a joint session of the House of Representatives and the Senate in the House of Representatives at 7:00 p.m. on February 18, 2019. Invites the Governor's cabinet nominees to attend the joint session.
|Intro. by Lewis.||JOINT RES|
Amends GS 1-17 to authorize plaintiffs to file civil actions against a defendant for sexual abuse suffered while the plaintiff was under 18 years of age, until the plaintiff reaches 45 years of age.
Makes conforming changes to GS 1-52 and GS 1-56.
Effective from January 1, 2020, to December 31, 2020, this act revives any civil action for child sexual abuse otherwise time-barred under GS 1-52 as it existed immediately before the enactment of this act.
Except as otherwise provided, effective when the act becomes law and applies to civil actions commenced on or after that date.
|Intro. by Riddell, White, Torbett, B. Turner.||GS 1|
The Daily Bulletin: 2019-02-06
Amends GS 14-34.5 to make the felonies described in that statute (concerning assault with a firearm on listed law enforcement and public safety officers) into Class D felonies (currently, Class E felonies).
Amends GS 14-34.6 to make any person who assaults or affrays the emergency responders currently listed in that section and inflicts serious injury or uses a deadly weapon other than a firearm guilty of a Class G felony (currently, Class H felony). Makes any person who commits the offense and uses a firearm guilty of a Class E felony (currently, Class F felony).
Amends GS 14-34.7 to make the felonies listed in subsections (a), (a1), and (b), concerning assaults inflicting serious bodily injury on listed law enforcement officers, National Guard members, and correction officers, into Class E felonies (currently, Class F felonies). Makes the felony in subsection (c), concerning assaults inflicting physical injury on same law enforcement officers, National Guard members, and correction officers, into a Class H felony (was, Class I felony).
Amends GS 14-288.9 to make the felony listed in subsection (c) concerning assaults causing physical injury upon emergency personnel into a Class H felony (was, Class I felony), and the felony concerning assault on emergency personnel with a dangerous weapon or substance into a Class E felony (was, Class F felony).
Amends GS 14-31 to create a new Class D felony for persons who in a secret manner maliciously commit an assault and battery with any deadly weapon, by waylaying or otherwise, with intent to kill, upon an emergency worker discharging or attempting to discharge the worker's official duties, and to make a technical change.
Enacts GS 14-277.7A, making it a Class A1 misdemeanor for a person to threaten to commit an act of violence against a public safety worker by any means of communication to any person or group of persons. Defines public safety worker to include law enforcement officers, emergency medical technicians, medical responders, firefighters, persons employed at a State or local government detention facility, and school safety officers and school resource officers who are not law enforcement officers and regularly present in a school for safety and orderliness purposes.
Effective December 1, 2019, and applies to offenses committed on or after that date.
|Intro. by Britt, Ballard, McInnis.||GS 14|
Expands GS 115B-2, requiring UNC constituent institutions and community colleges to waive tuition for credit and noncredit classes for survivors of correctional officers killed in the line of duty and spouses or children of correctional officers who are permanently and totally disabled directly from a traumatic injury sustained in the line of duty, as specified. Amends GS 115B-1, adding correctional officer to the defined terms. Makes conforming changes to defined terms permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty and survivor. Amends GS 115B-5 to make conforming changes regarding proof of eligibility for tuition waiver. Applies beginning with the 2019-20 academic year.
|Intro. by Britt, McInnis, Ballard.||GS 115B|
Identical to H 3, filed 1/30/19.
Subject to approval by the voters at the March 2020 primary election, amends Article I of the North Carolina Constitution by adding a new Sec. 39 to prohibit the taking by eminent domain of private property except for a public use only. Directs that just compensation be paid to the private property owner and provides that either party may request that the amount of just compensation be determined by a jury. Provides that if the majority of votes are in favor of the amendment, the State Board of Elections is to certify the amendment to the Secretary of State and the amendment will become effective upon certification and apply to takings of private property by eminent domain after the certification date.
Amends GS 40A-3(a), (b), and (b1) to restrict private condemnors and local public condemnors to exercising the power of eminent domain for a public use only (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to include corporations, bodies politic, or persons exercising eminent domain for communication facilities (previously, specified telegraphs and telephones), facilities related to the distribution of natural gas, and pipelines or mains for the transportation of natural gas (was, gas). Makes additional clarifying changes.
Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain for public use only (was, public use or benefit).
Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this statute, for the public use, have the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.
Changes to GS 40A-3 are effective when the act becomes law, applying to takings occurring on or after that date.
Repeals Section 8.22 of SL 2013-360 and Section 8.3 of SL 2014-100, regarding the phase out of certain advanced-degree-based salary supplements for teachers and instructional support personnel.
Specifies certain teachers and instructional support personnel eligible to be paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree level or at the doctoral degree level for the 2019-20 school year and subsequent school years. Includes: (1) certified school nurses and instructional support personnel in positions for which a master's degree is required for licensure; (2) teachers and instructional support personnel who were paid on the schedule or received the salary supplement prior to the 2014-15 school year; (3) teachers and instructional support personnel who complete a degree at the specified degree level for which they completed at least one course prior to August 1, 2013, and would have qualified for the salary supplement pursuant to State Board of Education policy TCP-A-006, as it was in effect on June 30, 2013; and (4) teachers who do not otherwise qualify under the act but spend at least 70% of their work time in classroom instruction related to their graduate field or subject area of licensure with remaining time spent on mentoring teachers, performing demonstration lessons, writing curricula, and/or developing and leading staff development programs.
Requires an annual determination beginning with the 2019-20 fiscal year as to whether a teacher who is paid on the M salary schedule under the fourth category, described above, should be paid on the M salary schedule or receive a salary supplement. Permits removal or discontinuance if the requirements of the fourth category for eligibility are not being met.
Specifically prohibits teachers and instructional support personnel who earn an advanced degree in school administration from being paid on the "M" salary schedule or receiving a salary supplement for academic preparation unless the individual qualifies under specified provisions of the act.
Effective July 1, 2019.
|Intro. by Britt, Horner.||UNCODIFIED|
Titles the act the "Officer Jason Quick Act."
Amends GS 20-157, which contains penalties for failing to move over upon approach of law enforcement, fire department, or rescue squad vehicles or ambulances; driving over a fire hose or blocking fire-fighting equipment; and parking near a law enforcement, fire department, or rescue squad vehicle or ambulance as follows. Makes it a Class 2 misdemeanor for a driver to fail to, as appropriate, either move the vehicle into a lane that is not the lane nearest a parked or standing authorized emergency vehicle or public service vehicle or slow the vehicle and drive at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle when the emergency or public service vehicle is parked or standing within 12 feet of the road and is giving a warning by appropriate light. Such violations are currently an infraction, punishable by a fine of up to $250, with enhanced penalties when the violation causes property damage or injury to an emergency response person, and when the person causes serious injury or death to an emergency response person. Makes conforming changes.
Further amends the statute to make a violation of the statute a Class I felony (was, a Class 1 misdemeanor) when the person causes damage to property in the immediate area of the emergency or public service vehicle that is in excess of $500 or causes injury to an emergency response person. Makes a violation of the statute a Class F felony (was, a Class I felony) when the person causes serious injury or death to an emergency response person in the immediate area of the authorized emergency or public service vehicle.
Effective December 1, 2019, and applies to offenses committed on or after that date.
|Intro. by Britt, McInnis.||GS 20|
The Daily Bulletin: 2019-02-06
House committee substitute amends the 1st edition by changing the effective date of the act to June 1, 2019 (was, effective when the act became law) and specifying that the act applies to contracts entered into, renewed, or modified on or after that date.
|Intro. by Ross.||Alamance|
Allows the Durham Public School Board of Education (Board) to enter into contracts to construct, provide, or maintain affordable rental housing on property owned by the Board or by Durham County.
Authorizes the Board to enter into residential housing unit lease agreements for housing units it owns. The Board must restrict the rental of such units exclusively to Durham Public Schools teachers and employees. The Board may establish reasonable rents for housing units and may charge below-market rates.
This act does not exempt any housing units constructed or maintained by the Board from compliance with applicable building codes, zoning ordinances, or any other health and safety statutes, rules, or regulations.
|Intro. by Black, Morey, Reives, Hawkins.||Durham|
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Allows Randolph County Schools and Asheboro City Schools to open as early as August 1 (currently, no earlier than the Monday closest to August 26), excluding year round schools. Deletes all other provisions of subsection (d), including the existing closing date requirement and those provisions concerning waiver upon a showing of good cause. Adds new requirement for first semester exams to be given before winter break.
Further amends GS 115C-84.2(d) to authorize local boards of education to align the calendar of schools in the local school administrative unit with the calendar of a community college serving the city or county in which the unit is located.
Applies only to Randolph County Schools and Asheboro City Schools. Applies beginning with the 2019-20 school year.
|Intro. by McNeill, Hurley.||Randolph|
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Sampson and Wayne County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year. Includes whereas clauses.
The Daily Bulletin: 2019-02-06
Actions on Bills: 2019-02-06
H 32: COLLABORATIVE LAW.
H 33: ADJUST GSC MEMBERSHIP.
S 27: EMINENT DOMAIN.
Actions on Bills: 2019-02-06
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