2013-2014 Session Updates – Coming soon!

2011-2012 Session Updates

S.L. 2011-192

Justice Reinvestment (HB 642):  Introduced by primary sponsors Guice, Faircloth, Bordsen, and Parmon, HB 642 was ratified on June 23rd  and became effective on that date.  The act implements certain recommendations of the justice reinvestment project and provides that the act shall be entitled “The Justice Reinvestment Act of 2011.”  The recommendations are extensive, but are in regards to the following topics:  probation supervision, post-release supervision changes, status offense of habitual breaking and entering, limiting time or certain violations of probation, felony drug possession, refocusing the criminal justice partnership program, misdemeanants who are to serve sentences in jail, and annual report and sentencing commission duties.

S.L. 2011-196

Insurance Amendments (HB 298):  Ratified on June 14th, HB 298 was introduced by primary sponsor Jerry Dockham.  It makes changes in the insurance laws to privatize online and administrative processes for license applicants, codify the existing seniors’ health insurance, require prior approval of small group health insurance rates and encourage the sale of child-only health insurance policies, amend the risk-based capital law to maintain NAIC accreditation, provide an exemption for licensing of claims input employees for portable electronic devices, prohibit federal preemption of crop adjusters’ regulation, and ease the regulatory burden on the North Carolina Self-Insurance Security Association and the Association Aggregate Security System.  Sections 1, 4, 8, 10, and 11 of the act became effective on July 1st, Sections 3, 5, 6, and 7 on October 1st, and the remainder of the act on the date of ratification.

S.L. 2011-267

Changes to Victims’ Compensation Law (SB 272):  Introduced by primary sponsor Peter S. Brunstetter, SB 272 was ratified on June 15th.  It amends G.S. 15B-2, G.S. 15B-8.1(b), G.S. 15B-14(b), Article 4 of Chapter 84 of the General Statutes, and repeals G.S. 15B-11(f).  The changes were made to clarify the role of charitable donations and write-offs as collateral sources for crime victims compensation, to modify the scope of dependent’s economic loss for crime victims compensation, to clarify the confidentiality of crime victims compensation commission records, to require suspension of crime victims compensation proceedings upon request of the attorney general, and to provide that certain State Bar records on disciplinary matters and the lawyers assistance program are not public record.  Sections 1, 2, 3, and 4 of the act became effective July 1st, and the remainder of the act became effective on the date of ratification.

S.L. 2011-384

Zoning Limits (HB 806):  Ratified on June 17th, HB 806 was introduced by primary sponsors Jordan, Stam, Moffitt, and Stevens.  It amends G.S. 1-54 by adding a new subdivision to read which changes the statute of limitations and repose for challenging zoning ordinances.  It also amends G.S. 153A-348, G.S. 160A-364.1, and G.S. 153A-30 to provide clarification on the applicability of the statute of limitations to enforce actions or administrative appeals and to prohibit specified zoning ordinances affecting single-family detached residential uses on lots greater than ten acres in agricultural zoning districts.  The act became effective July 1st, but the provisions of Sections 1, 2, 3, and 4 of the act shall apply to litigation pending on that date.

S.L. 2011-199

Discovery of Electronically Stored Information and Rules of Civil Procedure (HB 380):  Ratified on June 14th, HB 380 was introduced by primary sponsors Glazier, T. Moore, Ross, and Jordan.  It amends G.S. 1A1, Rule 26, Rule 34, Rule 37, and Rule 45 to clarify the procedure for discovery of electronically stored information and to make conforming changes to the North Carolina Rules of Civil Procedure.  The act became effective October 1st.

S.L. 2011-339
Trusts, Estate Planning, and Trust Companies (SB 407):  Introduced by primary sponsor Fletcher L. Hartsell, Jr., SB 407 was ratified on June 27th.  It amends G.S. 36C-5-505 by providing a list of trusts which will operate under a specified function and parameters, given Article 3A of Chapter 39 of the General Statues.  In addition, it amends 53-163.5 of Article 14 of Chapter 53 of the General Statues by removing the “twenty-five percent” provision regarding ownership of institutions, stating that the parameters for ownership are to be determined under the federal Bank Holding Company Act of 1956 or by rule, order, or declaratory ruling of the Commissioner of Banks.  Finally, it amends G.S. 53-363(b) as rewritten to include a section which states that, notwithstanding G.S. 53-352(a), the holders of the equity securities of a private trust company may by unanimous agreement limit the authority of its board of directors, restrict, enlarge or modify the rights of such a board, as well as allocate such rights to a group or individual other than the board of directors.  The act became effective October 1st.

S.L. 2011-246

Register of Deeds (HB 312):  Ratified on June 23rd, HB 312 was introduced by primary sponsors Haire, Stevens, Stam, and Spear.  It amends the methods for recording satisfaction of a security instrument with the register of deeds, clarifying the requirements for electronically registering plats with the register of deeds, and amending restrictions on access to military discharge documents recorded with the register of deeds.  Section 7 of the act became effective October 1st, Section 8 on the date of ratification, and the remainder on October 1st.

S.L. 2011-299

Attorney Feeds for City or County Action Outside of Authority (HB 687):  Introduced by primary sponsors Brawley, Moffitt, LaRoque, and Brubaker, HB 687 was ratified on June 16th.  It amends Article 3 of Chapter 6 of the General Statues by adding a new section to provide that when cities and counties act outside of the scope of their authority, the party successfully challenging that action may recover reasonable attorneys’ fees.  The act became effective on October 1st.

S.L. 2011-317

Motion Hearings in Multicounty Dist./RCP 7 (SB 586):  Ratified on June 17th, SB 586 was introduced by primary sponsor E.S. (Buck) Newton.  It rewrites G.S. 1A-1, Rule 7(b)(4) to provide that, with the permission of the senior resident superior court judge, a motion in a civil action in a county that is part of a multicounty judicial district may be heard during civil session in an included county different from where the case was filed.  The act became effective on October 1st.

S.L. 2011-42

Juror Qualifications and Disabilities (HB 234):  Introduced by primary sponsors Glazier, Stevens, Parfitt, Samuelson, HB 234 was ratified on April 19th.  It rewrites G.S. 9-6.1, adding a new section to allow hearing-impaired persons to serve as jurors and to provide for persons with disabilities to apply for exemptions from jury duty.  The act became effective July 1st.

S.L. 2011-123

Modifying Property Tax Base Exclusions (HB 206):  Ratified on June 13th, HB 206 was introduced by Ross, Jackson, Gill.  It amends G.S. 105-275 by adding a new subdivision which provides that special classes of property (listed) under Article V, Sec. 2(2), of the North Carolina Constitution, are excluded from taxation.  The act became effective for taxes imposed for taxable years beginning on or after July 1st , 2011, and expires for those taxes on or after July 1st, 2016.

S.L. 2011-74   

Student Financial Aid – Forgivable Education Loans (SB 137):  Introduced by primary sponsors Richard Stevens and Don Vaughan, SB 137 was ratified on May 4th.  It amends Part 1 of Article 23 of Chapter 116 of the General Statutes with the inclusion of the Forgivable Education Loans for Service Program and Fund.  The program will aim to “provide financial assistance to qualified students to enable them to obtain the requisite education beyond the high school level to work in North Carolina in certain high-need professions as identified by the General Assembly and to respond to current as well as future employment shortages in North Carolina.”  Barring exceptions detailed within the act, it becomes effective July 1st, 2012.

S.L. 2011-204

Release of Upset Bid Deposit (HB 164):  Ratified on June 23rd, HB 164 was introduced by primary sponsors Randleman, Hurley, Spear, and Jordan.  It amends G.S. 45-21.2 to authorize the release of funds deposited by an upset bidder or a high bidder in a foreclosure proceeding when a bankruptcy petition is filed.

S.L. 2011-230

Unclaimed Property Claims (HB 692):  Introduced by primary sponsors Pat B. Hurley and Shirley B. Randleman, HB 692 was ratified on June 23rd.  It amends G.S. 116B-6 by adding a new subsection on data sharing which provides the Treasurer with the resources to “facilitate locating owners of unclaimed property.”  It also amends G.S. 116B-60 by rewording the parameters of the requirement to report abandoned property.

S.L. 2011-236

Payable on Death Accounts (HB 686):  Ratified on June 23rd, HB 686 was introduced by Kelly E. Hastings.  It repeals G.S. 53-146.2, G.S. 54B-130, G.S. 54C-166, and G.S. 54-109.57 to enact G.S. 53-146.2A, G.S. 54B-130A, G.S. 54C-166A, and G.S. 54-109.57A which establishes and sets the parameters for payable on death accounts.

S.L. 2011-283

Tort Reform for Citizens and Business/Trespassing (HB 542):  Introduced by primary sponsors Rhyne, McComas, Brisson, and Crawford, HB 542 was ratified on June 24th.  It amends Article 4 of Chapter 8C of the General Statutes by including a section which explicitly states that evidence of medical expenses must be pertinent to the bills in question.  G.S. 8-58.1 is rewritten to elaborate on an injured party as a witness when medical charges are under discussion, such that he or she can serve as a competent witness as to the payment of such charges.  G.S. 6-21.1 to allow counsel fees as part of costs in certain cases.  It also adds a new chapter, Chapter 38B, Trespasser Responsibility to the General Statutes to establish that “a possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to liability for any injury to a trespasser,” except exceptions specified.

S.L. 2011-357

Birth Certificate/Stillborn Infants (SB 770):  Ratified on June 27th, SB 770 was introduced by Andrew C. Brock.  It amends G.S. 130A-114 to “authorize the establishment of a certificate of birth resulting in stillbirth.”

S.L. 2011-400

Medical Liability Reform (SB 33):  Introduced by primary sponsors Tom Apodaca, Harry Brown, and Bob Rucho, SB 33 was ratified on June 13th.  Most notably ,it amends G.S. 90-21.12, Article 1B of Chapter 90 of the General Statutes to clarify malpractice by an elucidation of the standard of care provided and limiting liability for noneconomic damages.

S.L. 2011-92

Fire and Rescue/Survivor’s Benefit (SB 244):  Ratified on May 16th, SB 244 was introduced by primary sponsor Peter S. Brunstetter.  It amends G.S. 128-21 with additional subdivisions to explicitly define the terms “firefighter” and “rescue squad worker.”  In addition, it rewrites G.S. 128-27(m) to specifically define the parameters of the “Fighter’s Alternate Benefit.”

S.L. 2011-103

Health Care Sharing Organizations (SB 608):  Introduced by primary sponsor Neal Hunt, SB 608 was ratified on May 26th.  It amends Article 49 of Chapter 58 of the General Statutes to include a new section on the requirements by a health care sharing organization in order to avoid falling under the jurisdiction of the Commissioner and health insurance regulatory laws.

S.L. 2011-231

An Act to Protect Landowner Rights (HB 762):  Ratified on June 15th, HB 762 was introduced by primary sponsors Daniel McComas, Stephen LaRoque, and Jeff Collins.  It amends G.S. 14-159.6 by redefining “trespass for purposes of hunting, etc., without written consent a misdemeanor.”  It rewrites G.S. 14-159.7 to include a second option for posting property.  Finally, it amends G.S. 14-159.10 by including additional officials who may enforce the Article.

S.L. 2011-245

An Act to Allow Warrantless Arrest for Violation of Pretrial Release Conditions, And Relating to Electronic Technology in Criminal Process and Procedure (SB 331):  Introduced by primary sponsor Don East, SB 331 was ratified on June 16th.  It amends G.S. 15A-401(b) to include the violation of pretrial release conditions under the reasons for which an officer may arrest without a warrant.  In addition, it amends G.S. 15A-101.1 and G.S. 14-208.18 to clarify the explicit definition of the term “electronic monitoring device” and to provide “exclusion zones around the premises of all elementary and secondary schools in North Carolina” for those subject to monitoring by such devices.

S.L. 2011-341

Allow Attorneys’ Fees in Business Contracts (SB 414): Ratified on June 18th, SB 414 was introduced by primary sponsor Daniel G. Clodfelter.  It amends Article 3 of Chapter 6 of the General Statutes to provide the parameters for and allowance of reciprocal attorneys’ fees in business contracts.

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