1. OCBA Legislative Update
By: Jeremy Todd Browner, Esq.
June 5, 2013

2. Agenda
• 2013 NCGA Stats
• NC Tax Reform Proposals
• NC Senate Proposed Court Budget
• Session Law
• Bills sent to Governor
• Bills that met crossover deadline

3. 2013 NCGA Long Session
• 1738 Bills Introduced
• 437 House Bills Meet Crossover
• 213 Senate Bills Meet Crossover
• 38% of Introduced Bills meet Crossover
• 45 Chaptered Bills to date
• Usually about 20% of introduced bills pass

7. SL 2013-35
Increase Child Abuse Penalties
• An Act to increase the penalty for various
criminal offenses of felony child abuse and to
require that the official record of a defendant
convicted of child abuse or other assaults
against a minor indicates that the offense
involved child abuse.

8. SL 2013-27
Adopt Uniform Deployed Parent Cust/Visit. Act.
• An Act to adopt the uniform deployed parents
custody and visitation act.

9. SL 2013-52
Caylee's Law/Report Missing Children.
• An Act to make it a criminal offense to fail to report the
disappearance of a child to Law Enforcement, to
increase the criminal penalty for concealing the death
of a child, to increase the criminal penalty for making a
false, misleading, or unfounded report to a law
enforcement agency or officer for the purpose of
interfering or obstructing an investigation involving a
missing child or child victim of a Class A, b1, b2, or c
felony, and to make it a Class 1 misdemeanor for a
person to fail to report the
abuse, neglect, dependency, or death due to
maltreatment of a juvenile or to prevent another
person from making such report.

10. SL 2013-18
Incapacity to Proceed Amendments
• An Act to amend the laws governing
incapacity to proceed.

11. SL 2013-17
Cancel Aircraft Lien w/ Surety Bond
• An Act to require the cancellation of an
aircraft labor and storage lien when a surety
bond in an amount equal to one and
one-fourth times the amount of the lien
claimed is deposited with the clerk of court.

12. SL 2013-53
Prohibit Expunction Inquiry
• An Act to clarify the law pertaining to administrative
action that may be taken by an occupational licensing
board as a result of expunged charges or convictions
under G.S. 15A-145.4 and G.S. 15A-145.5; to prohibit
an employer or educational institution from requesting
that an applicant provide information regarding an
arrest, criminal charge, or criminal conviction of the
applicant that has been expunged; and to require a
state or local government agency to advise an
applicant that the applicant is not required to disclose
information regarding an arrest, criminal charge, or
criminal conviction of the applicant that has been
expunged prior to requesting disclosure.

13. SL 2013-34
HOAs/Lim. Com. Elements/Amend of Declaration.
• An Act providing that a unit owner in a condominium
and a lot owner in a planned community shall afford
access through the limited common element assigned
or allocated to the owner's unit or lot to the
association and, when necessary, to other unit or lot
owners for the purpose of conducting
maintenance, repair, or replacement activities and
providing that a unit or lot owner is legally responsible
for damage to a limited common element caused by
the unit or lot owner and clarifying the laws regarding
the powers and duties of a planned community and
amending the procedures regarding amendment of a
recorded declaration.

14. SL 2013-47
Lily's Law.
• An Act to codify the common law that it is
murder where a Child who is born alive dies as
the result of injuries inflicted prior to the
child's birth, and to provide that the act shall
be entitled "lily's law."

15. SL 2013-33
Sex Trafficking/Sex Offender Registration
• An Act to add the offense of human trafficking
to the list of criminal convictions that require
registration under the sex offender and public
protection registration program.

16. SL 2013-42
Name Change Req. For Minors
• An Act to clarify certain name change
requirements and authorize a parent to apply
for a name change for a minor child without
consent of the other parent if the other
parent has been convicted of certain criminal
offenses against the minor child or a sibling of
the minor child.

17. Bills Sent to the Governor

18. S210
Authorize Chief Magistrates
• An Act to provide for the appointment of chief
magistrates.

19. S239
Amend NC Business Corporation Act
• An Act to make various revisions to the North
Carolina business corporation act.

20. S279
Estates/Trusts/Guardianship Amendments
• An Act to update and clarify provisions of the
laws governing estates, trusts, guardianships,
powers of attorney, and other fiduciaries.

21. S252
Increase Penalty/Controlled Substance Crimes.
• An act to increase the criminal penalty for
certain violations of the controlled substances
act.
• If an employee of Heath Care Providers steal
controlled substances, it’s a Class G felony
from a Class 1 Misdemeanor

22. H774
Building Code Exclusion/Primitive Structures.
• An act to exempt certain primitive structures
from the building code.
• Primitive Camp
• Primitive Farm Buildings

23. H813
Ban Synthetic Cannabinoids.
• An act to make the
manufacture, possession, sale, use, and
delivery of all synthetic cannabinoids
unlawful.

24. H142
Provide Access to Campus Police Records.
• An act to provide public access to certain
information maintained by campus police
agencies affiliated with private, nonprofit
institutions of higher education.

25. S489
Consumer Finance Act Amendments
• Increases the maximum loan amount from $10,000 to
$15,000
• Allows consumers to defer payments at a cost of 1.5
percent of what's owed that term
• Allows $15 late-payment fees
• Interest rates for loans of up to $10,000 currently stand at
30 percent for the first $1,000 and 18 percent for the
remainder of what's owed.
• The amended bill would charge 30 percent interest for the
first $4,000, 24 percent for the next $4,000 and 18 percent
for the remainder of the principal.
• Those rates previously stood at 30 percent for the first
$5,000 and 24 percent for the next $5,000.

26. Bills That Met Crossover

27. S634
INCREASE PENALTIES/UTILITIES THEFT.
• An Act to increase the criminal penalties for
interference with gas, water, or electric lines.
• 1st Offense Class 1 Misdemeanor
• 2nd Offense Class H Felony
• Significant property damage or public danger
Class F Felony
• Death of another – Class D Felony
• Treble Damage or $5,000 which ever greater

28. H343
Court/Procedure and Fee Amendments
• An Act to eliminate arbitration caps in district
court, to make clarifications to court fees, to
amend the motion fee exemption, to require
counties and municipalities to advance fees, and
to provide priority for the payment of criminal
costs and fees.
• Motion Fee when filing Notice of Hearing
• Fee for 3rd Pty Complaints
• No motion fee for exemption motion
• Motion Fee Changes effective July 1, 2013

29. H407
Trustee-Atty Fee/Foreclosures/Clerk Approval.
• An act to authorize clerks of superior court to
determine the reasonableness of counsel fees
paid to an attorney serving as a trustee in a
power of sale foreclosure proceeding.

30. S452
Jurisdictional Amts/Arbitration/ Sm Claims Ct.
• Small Claim from $5,000 to $10,000
• District Court from $10,000 to $25,000
• Arbitration Cap from $15,000 to $25,000
• Atty Fees to Appellee if Decision is affirmed on
appeal with District Court Arbitrator
• Effective to actions filed on or after 7/1/2013
• Calendared for yesterday in House

31. S182
Limit Appeals to Superior Court
• An Act to eliminate appeals for infractions, to
modify appeals to the superior court in
probation revocations in which the defendant
has waived a hearing, to amend the law
pertaining to resentencing upon the reversal
of a sentence on appellate review, and to
reclassify certain misdemeanors as infractions.

32. S439
Amend & Restate NC Limited Liability Co. Act.
• An Act to amend and restate the North
Carolina limited liability company act and to
make other conforming changes.

33. H331
HOAs/Uniform Lien Procedure
• An Act to stabilize titles and to provide a
uniform procedure to enforce claims of lien
securing sums due condominium and planned
community associations.

34. H762
Amend Certain Bail Bond Procedure
• AN Act to amend various procedural
requirements regarding bail bonds.

35. H597
Bail Bondsman Credentials/Official Shield
• A Act to provide that official credentials of a
bail bondsman shall include an official shield
and to provide for the design of the shield.

36. S584
Amend False Liens Law
• An Act to expand the protection against false
liens to include the immediate family of a
public officer or public employee.
• Immediate Family is defined as spouse or child

37. H809
Game Nights/Nonprofit Fundraisers.
• An Act to authorize nonprofit organizations to
operate "game nights," to provide for the
regulation of nonprofit organizations holding
"game nights," and to allow the consumption
of alcoholic beverages at "game nights.“
• 5 Years in Existence and a 501(c)3,4,5,or 6 org.

38. S409
Amend Civil No-Contact Laws
• An Act to amend procedures and to provide
for costs and attorneys' fees in civil no-contact
order cases.

39. H384
Amend Definitions/Prop. Classif/Equ Dist.
• An Act amending the definition of marital
property to provide that entireties property is
subject to the same burden of proof in
rebutting the presumption as all property
classified as marital property and amending
the definition of divisible property to clarify
that increases and decreases in marital debt
means passive increases and passive
decreases in marital debt under the laws
pertaining to equitable distribution.

40. S630
Evidence & DNA Expunction Laws
• An act to amend the laws regarding
disposition of blood evidence, admissibility of
reports after notice and demand, and
expunction of DNA samples taken upon arrest.

41. H25
Amend Felony Breaking or Entering
• Adds to felony offense: Any person who
breaks or enters any building with intent to
terrorize or injure an occupant of the building
is guilty of a Class H felony.