FILING BY CLERK/MAG. AND CLARK PILOT (NEW).

View NCGA Bill Details2015-2016 Session
Senate Bill 89 (Public) Filed Wednesday, February 18, 2015
AN ACT TO CLARIFY CERTAIN LAWS RELATING TO THE FILING OF DOCUMENTS BY THE CLERK OF COURT, TO DIRECT THE ADMINISTRATIVE OFFICE OF THE COURTS TO DEVELOP AND IMPLEMENT A PILOT MAGISTRATE/CLERK STAFFING PROJECT, AND TO REPEAL A SEPARATE MENTAL HEALTH RECORD CHECK REQUIREMENT FOR A PISTOL PURCHASE PERMIT UPON COMPLETION OF RECORD DIGITIZATION.
Intro. by Randleman.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jun 20 2016)

SOG comments (1):

Long Title Change

House committee substitute to the 2nd edition made changes to the long title. The original title was as follows:

AN ACT TO AMEND THE LAW DIRECTING THE CLERK OF COURT TO TRANSMIT CERTAIN DATA RELEVANT TO THE FACTORS THAT DISQUALIFY A PERSON FROM OBTAINING A PERMIT TO PURCHASE OR TRANSFER A HANDGUN.

Bill History:

S 89

Bill Summaries:

  • Summary date: Jun 15 2016 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Deletes the provisions of the previous edition and now provides the following.

    Changes the long title to AN ACT TO CLARIFY CERTAIN LAWS RELATING TO THE FILING OF DOCUMENTS BY THE CLERK OF COURT, TO DIRECT THE ADMINISTRATIVE OFFICE OF THE COURTS TO DEVELOP AND IMPLEMENT A PILOT MAGISTRATE/CLERK STAFFING PROJECT, AND TO REPEAL A SEPARATE MENTAL HEALTH RECORD CHECK REQUIREMENT FOR A PISTOL PURCHASE PERMIT UPON COMPLETION OF RECORD DIGITIZATION.

    Changes the short title.

    Amends GS 1A-1, Rule 5 (Service and filing of pleadings and other papers in the Rules of Civil Procedure), subsection (e)(1), to require the filing of pleadings and other papers with the court pursuant to the rules promulgated under GS 7A-109 (record-keeping procedures of the clerk of superior court) or subsection (e)(2) of the statute as required by the Rules to be made by filing them with the clerk of court, or with the judge as specified (previously, did not specify filing be made pursuant to rules promulgated under GS 7A-109 or subsection (e)(2) of the statute). Establishes that the failure to affix a date stamp or file stamp to any pleading or other papers filed in the courts will not affect the sufficiency, validity, or enforceability of the document. Effective when the act becomes law and applies to all pleadings and papers filed with the courts, including pleadings and papers filed prior to that date.

    Amends Rule 5, subsection (e)(2), concerning filing by electronic means, to add that filing may be made by electronic means when, in the manner, and to the extent provided in uniform rules, regulations, costs, procedures, and specifications for the filing of pleadings or other court papers by electronic means established by the Supreme Court and the Administrative Officer of the Courts pursuant to GS 7A-34, GS 7A-49.5 (previously, GS 7A-49.5, which provides for statewide electronic filing in courts, was not included), and GS 7A-343. Effective when the act becomes law, and applies to all pleadings and papers filed with the courts on or after that date.

    Amends GS 1A-1, Rule 58, concerning entry of judgment, to provide that, subject to the provisions of Rule 54(b) (judgment upon multiple claims or involving multiple parties), a judgment is entered when it is reduced in writing, signed by the judge, and filed with the clerk of court in accordance with Rule 5, as amended (previously, did not specify filed with the clerk of court in accordance with Rule 5).

    Directs the Administrative Office of the Courts (AOC) to establish and implement a pilot project to allow the clerk of superior court of a county, with the written consent of the chief district court judge for the district in which the county is located, to hire one deputy clerk or assistant clerk, based on the assistant clerk allocation formula established by the AOC, in lieu of one of the magistrate positions allocated to that county, notwithstanding the minimum number of magistrates prescribed for each county under GS 7A-133(c). Authorizes the pilot project for counties with three or four magistrate allocations. Establishes that, in order to provide accessibility to law enforcement personnel and citizens, in counties participating in the pilot project, the clerk of superior court's office will provide some of the services traditionally provided by the magistrates' office during some or all of the regular courthouse hours. Directs the AOC to report to the Joint Legislative Oversight Committee on Justice and Public Safety on the outcomes of the pilot project, with recommendations on continuation or expansion, by March 1, 2017.

    Directs that, at such time as the AOC completes the digitization of mental health records to facilitate the clerks' compliance with the requirements of SL 2015-195 (Amend Firearm Laws), GS 14-404(e1)(5) is to be repealed, which requires an applicant for a permit to purchase or receive any weapon in Article 52A of GS Chapter 14 to submit with his or her application a signed release, in a form prescribed by the AOC, that authorizes and requires disclosure to the sheriff of any court orders concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified to receive a permit pursuant to GS 14-404. Directs the AOC to notify the Revisor of Statutes when the AOC has completed the digitization of mental health records. Directs the AOC to notify the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2017, if the digitization will not be complete by March 15, 2017.

    Makes technical changes.


  • Summary date: Mar 10 2015 - More information

    Senate committee substitute to the 1st edition makes the following changes.Amends G.S. 14-404(c1) to clarify what information the clerk of court must transmit to the National Instant Criminal Background Check System (NICS). Directs the clerk of court to transmit to NICS those judicial findings and determinations (was, data) that can be used to confirm (was, impacts) a disqualifying factor as outlined in GS 14-404(c) within 48 hours of the entry of such data.

    Directs the Administrative Office of the Courts (AOC), in consultation with the State Bureau of Investigation (SBI), to work with NICS to determine the feasibility of reporting additional information from the state's court and law enforcement records relevant to persons disqualified for purchase or possession under GS 14-404(c)(1), (c)(2), (c)(3), and (c)(8). Directs the AOC and the SBI to report to the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1, 2016 (was, directed the AOC to make a report by October 1, 2015, on information that could practicably be transmitted to the NICS). Specifies what must be contained in the report.

    Provides that this act is effective when it becomes law (was, GS 14-404(c1) became effective January 1, 2016, and the remainder of the act was effective when it became law).


  • Summary date: Feb 18 2015 - More information

    Under current law, GS 14-404(c1) directs the clerk of superior court to transmit data relevant to the factors that disqualify a person from getting a permit to purchase or transfer a handgun to the National Instant Criminal Background Check System (NICS). Current law also requires that the relevant data be entered and maintained by the clerks in the Administrative Office of the Courts (AOC) and directs the clerk of superior court to determine which information can be practicably be transmitted to NICS and to transmit that information within 48 hours of making that determination. Amends this subsection to require that the data be transmitted providing there is a request from NICS for the transmission of the data and that the data can be transmitted in a format acceptable to NICS. Becomes effective January 1, 2016.

    Directs the AOC to report its findings and recommendations regarding the effective transmission of the information required under GS 14-401(c1) to NICS, as amended in this act, to the Joint Legislative Oversight Committee on Justice and Public Safety by October 1, 2015. Requires that the Rules of Recordkeeping be amended to be consistent with the provisions of GS 14-404(c1), as amended in this act.

    Except as otherwise indicated, this act becomes effective when it becomes law.


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