AN ACT TO MAKE VARIOUS CHANGES TO THE LAW GOVERNING THE ADMINISTRATION OF JUSTICE.
House committee substitute makes the following changes to the 1st edition.
Deletes the previous provisions. Changes the act's long and short titles, and now provides the following.
Repeals GS 7A-6(c), which requires the Administrative Office of the Courts (AOC) to distribute the appellate reporter advance sheets to judges, justices, district attorneys, superior court clerks, prosecutors, special counsel at regional psychiatric facilities, and the Supreme Court library, as specified.
Amends GS 7A-111, concerning the receipt and disbursement of insurance and other moneys for minors and incapacitated adults by the public guardian or clerk of superior court, increasing the maximum proceeds of a policy under the statute from $25,000 to $50,000.
Amends GS 7A-307, clarifying that the fees set out for power of attorney proceedings before a clerk apply to the administration of trusts under wills and under powers of attorney. Adds power of attorney proceedings under GS 32C-1-116(a) to those proceedings to which the specified costs apply, which includes proceedings before a clerk of superior court to compel accounting by an agent, terminate or limit power of attorney, determine compensation for an agent, or determine an agent's authority and power under an agreement.
Amends GS 7A-308, establishing a $300 fee to be collected by the clerk of superior court for in rem foreclosures conducted pursuant to GS 105-375. Effective July 1, 2018.
Amends GS 7A-343.1, which lists the various entities the AOC must distribute copies of the appellate division of reports to. Modifies the statute's language to require the AOC to distribute the copies upon request only. Eliminates 48 entities from those that the AOC must distribute copies to and modifies the number of copies that must be distributed, upon request, to the entities remaining on the list. Remaining entities (some modified) include: the attorney general, Utilities Commission, Industrial Commission, Office of Administrative Hearings, Division of Archives and History, Legislative Building Library, justices of the supreme court, judges of the court of appeals, judges of the superior court, clerks of the superior court, district attorneys, Supreme Court of North Carolina Library, Appellate Division Reporter, UNC School of Law, NC Central University School of Law, Duke University School of Law, Wake Forest University School of Law, Elon University School of Law, Campbell University School of Law, US Department of Justice, Library of Congress, federal judges resident in North Carolina, Librarian at the US Supreme Court, US attorneys resident in North Carolina, Supreme Court Library exchange list, and the Cherokee Supreme Court Eastern Ban of Cherokee Indians.
Enacts GS 7A-498.3(b1) to require the Office of Indigent Defense Services (IDS) to develop a model appointment plan with minimum qualification standards for appointed private counsel by July 1, 2019, for adoption and promulgation by each judicial district. Permits judicial districts to request modifications to the model plan and qualification standards. Makes IDS's model plan and qualification standards effective January 2, 2021, in judicial districts that have not adopted the plan by that date. Directs IDS to review the model plan every five years and notify the judicial districts of any modifications to the model plan or qualification standards. Gives judicial districts 18 months from the date of the notice from IDS to seek modifications to the revised model plan or the qualification standards.
Amends GS 15A-304(b) regarding arrest warrants. Makes organizational changes to provide that in determining whether an arrest warrant should be issued, a judicial official must consider in determining whether the person should be taken into custody the person's failure to appear when previously summoned, facts making it apparent that a person summoned will fail to appear, danger that the person accused will escape, danger that there may be injury to persons or property, or the seriousness of the offense (previously, these factors and others were set out in subdivision (b)(2); two factors, the location of the accused is not readily discoverable and a relevant statute provides that the arrest is mandatory, are eliminated). Modifies subdivision (b)(3), permitting an official to find probable cause to issue a criminal summons or an arrest warrant pursuant to the statute based solely upon an affidavit or oral testimony under oath or affirmation of a person who is not a sworn law enforcement officer (previously, must be based on a written affidavit if the person is not a sworn law enforcement officer). Makes conforming changes. Effective October 1, 2018, and applies to warrants issued on or after that date.
Amends GS 28A-22-7, increasing the maximum personal property devise made to a minor that may be distributed by the estate's personal representative to the minor's parent or guardian from $1,500 to $5,000. Makes conforming changes concerning several devises of personal property to a single devisee with a combined total of less than $5,000. Effective January 1, 2019.
Amends GS 30-15, increasing the allowance a surviving spouse is entitled to by statute out of the personal property of the deceased spouse for one year after the death of the deceased spouse from $30,000 to $60,000. Effective January 1, 2019, and applies to allowance applications made on or after that date.
Makes technical corrections to GS 35A-1114 concerning motions and hearings for interim guardian appointments.
Enacts new subsections (f) through (m) to GS 45-21.21 regarding foreclosure sale cancellations. Explicitly requires a foreclosure sale to begin at the time designated in the notice of sale or as soon thereafter as practicable, not exceeding one hour after the fixed time unless the sale is delayed by other sales held at the same place. Requires the sale to be held between 10:00 a.m. and 4:00 p.m. on any day the clerk of superior court's office is normally open for transactions. Requires a person exercising the power of sale to immediately deliver a written notice to the clerk of superior court (clerk) if it is determined the sale cannot be held pursuant to the statute or is postponed pursuant to the statute, and details the information to be included in the written notice. Details actions a person exercising the power of sale must take upon postponement of a sale in the event the notice required by existing subsection (b) of the statute is not received by the clerk prior to the scheduled time of the sale, including publicly announcing the cancellation of the sale at the time and place advertised for the sale. Directs the clerk to provide to a person exercising the power of sale an email address and/or fax number to use for delivery of cancellation notices. Establishes that the requirements of the statute are delayed until the next day the clerk's office is open for transactions in the event the office is unexpectedly closed on the day of the sale. Requires all notices of a scheduled foreclosure sale, withdrawal of a scheduled sale, or postponement of a scheduled sale to be posted by the person exercising the power of sale, on the day of receipt of notice by the clerk, in the location at the county courthouse normally used for posting public notices. Requires notices of scheduled sales that have been withdrawn to remain posted for at least 30 days. Requires notices of sales that have been postponed to remain posted until replaced by a notice of a rescheduled sale or a withdrawn sale. Specifies that the delivery of notices required by the statute does not abate any responsibility of any party to file documents with the clerk as required by law. Authorizes a clerk to report habitual noncompliance with the statute to the AOC. Effective July 1, 2018, and applies to foreclosure sales noticed on or after that date.
Amends GS 48-9-102, regarding the confidentiality of adoption records. Excepts the Special Proceedings Index from the mandatory retention and sealing of all adoption records and indices of records upon the finalization of an adoption decree. Adds any orders of dismissal to those records related to an adoption that must be sent by the clerk of superior court to the Division of Social Services (Division) and retained by the clerk. Adds that all of the specified records relating to an adoption must be sent by the clerk to the Division within 10 days after the appeal period for a decree of adoption has expired (was, within 10 days after the decree of adoption is entered) or 10 days following the final disposition of an appeal pursuant to GS 48-2-607(b).
Amends GS 132-1.10 regarding the collection of personally identifying information by state and local government agencies. Enacts GS 132-1.10(f2), authorizing the AOC or a clerk of superior court to keep confidential the names, phone numbers, and email addresses collected for the purpose of a court proceeding notification system.
Enacts GS 75-104, authorizing a person to use an automatic dialing and recorded message player to make an unsolicited phone call if the call is generated from a court proceedings notification system established by the AOC.
Provides a severability clause.
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