Key Pieces of Legislation Filed/Adopted

by Sen. Randleman

H203.  Increase Small Estate Amount.  AN ACT TO INCREASE THE SIZE OF ESTATES THAT MAY BE ADMINISTERED UNDER THE SMALL ESTATE PROVISION OF THE GENERAL STATUTES FROM $10,000 TO $20,000.  Eff. Oct. 1, 2009

H312.  Increase Spousal Year’s Allowance.  AN ACT TO INCREASE THE AMOUNT OF THE YEAR’S ALLOWANCE FOR A SURVIVING SPOUSE FROM $10,000 TO $20,000.  Eff. Jan. 1, 2010

H164.  Release of Upset Bid Deposit.  AUTHORIZES THE RELEASE OF FUNDS DEPOSITED BY AN UPSET BIDDER OR HIGH BIDDER IN A FORECLOSURE PROCEEDING WHEN A BANKRUPTCY IS FILED.  Eff. Oct. 1, 2011

H187.  Require Labels for Ethanol-Blended Gasoline.  Eff. 3/31/2011

H538.  LGERS LEO Disability.  AN ACT TO AMEND THE LOCAL GOVERNMENT EMPLOYEE RETIREMENT SYSTEM TO REMOVE THE REQUIREMENT THAT LAW ENFORCEMENT OFFICERS HAVE ONE (1) YEAR OF CREDITABLE SERVICE IN ORDER TO QUALIFY FOR DISABILITY RETIREMENT BENEFITS FOR INJURIES INCURRED IN THE LINE OF DUTY.  Eff. 7/1/2011

H493.  Landlord Tenant Law Changes.  AN ACT TO AUTHORIZE A LANDLORD TO REMOVE FROM A RESIDENTIAL DWELLING UNIT TANGIBLE PERSONAL PROPERTY BELONGING TO A DECEASED TENANT AFTER FILING AN AFFIDAVIT WITH THE CLERK.  Eff. 10/1/2012 

S45. Incapacity to Proceed Amendments. (February 4, 2013)

Filed 02/4/13. AN ACT TO AMEND THE LAWS GOVERNING INCAPACITY TO PROCEED.

Amends GS 15A-1002 (determination of incapacity to proceed; temporary commitment; orders) to clarify that the court may appoint a medical expert or evaluator to examine a defendant charged with a misdemeanor or felony and return a report on the defendant's mental health. Allows the court to call the appointed expert to testify at the hearing, with or without the request of either party. Clarifies that a judge must find that an examination is more appropriate to determine capacity when a defendant is ordered to a state facility without an examination (current law makes this provision applicable only to felony charges). Permits the court to order the defendant to a state facility to determine the defendant's capacity at any time in the case of a defendant charged with a felony (current provision also applies to defendants charged with misdemeanors who have been examined). Requires a judge ordering an examination to order the release of confidential information to the examiner, after providing reasonable notice and an opportunity to be heard to the defendant. Requires the court order to include findings of fact to support the determination of the defendant's capacity to proceed. Allows stipulation by the parties to capacity to proceed only. Sets out requirements and timelines to provide examination reports to the court. Amends GS 15A-1004(c) to add that the court must order that the defendant be examined to determine whether the defendant has the capacity to proceed before being released from custody. Amends GS 15A-1007 (supplemental hearings) to clarify applicable timelines after a defendant gains capacity to proceed. Makes conforming and clarifying changes to GS 15A-1006. Amends GS 15A-1008 (dismissal) to require (rather than permit) the court to dismiss charges at the earliest of three specified occurrences when the defendant lacks capacity to proceed. Adds provisions related to the circumstances of dismissal, including the allowance to refile charges. Makes a conforming change to repeal GS 15A-1009 (dismissal with leave when defendant incapable of proceeding). Makes additional clarifying changes. Amends GS 122C-54(b) to require examination reports submitted by a facility to include any treatment recommendation and an opinion on the likelihood that the defendant will gain the capacity to proceed. Enacts new GS 122C-278 (reexamination for capacity to proceed prior to discharge) to provide that a respondent who is involuntarily committed to either inpatient or outpatient treatment under GS Chapter 122C cannot be discharged from custody or the outpatient case terminated until the person has been examined for capacity to proceed and a report has been filed with the clerk of court in compliance with GS 15A-1002.   Makes the statutory amendments effective December 1, 2013. Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) to adopt rules by December 1, 2013, to require appointed forensic evaluators to meet specified standards. Directs the Commission to adopt guidelines, by December 1, 2013, for the treatment of involuntarily committed persons following a determination of incapacity to proceed.

 

S117. Lily's Law. (May 9, 2013)

Filed 02/20/13. 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."

 

S132. Health Curriculum/Preterm Birth. (July 23, 2013)

Filed 02/25/13. AN ACT TO INCLUDE INSTRUCTION IN THE SCHOOL HEALTH EDUCATION PROGRAM ON THE PREVENTABLE CAUSES OF PRETERM BIRTH, INCLUDING INDUCED ABORTION AS A CAUSE OF PRETERM BIRTH IN SUBSEQUENT PREGNANCIES, AND TO PROVIDE SUCH INFORMATION TO CHARTER, NONPUBLIC, AND HOME SCHOOL STUDENTS.

 

S308 (S353). Amend Woman's Right to Know Act. (March 13, 2013)

Filed 03/13/13. AN ACT AMENDING THE WOMAN'S RIGHT TO KNOW ACT.

S353. Health and Safety Law Changes. (July 30, 2013)Filed 03/19/13. AN ACT TO MODIFY CERTAIN LAWS PERTAINING TO ABORTION, TO LIMIT ABORTION COVERAGE UNDER HEALTH INSURANCE PLANS OFFERED UNDER A HEALTH BENEFIT EXCHANGE OPERATING IN NORTH CAROLINA OR OFFERED BY A COUNTY OR MUNICIPALITY, TO PROHIBIT A PERSON FROM PERFORMING OR ATTEMPTING TO PERFORM AN ABORTION WHEN THE SEX OF THE UNBORN CHILD IS A SIGNIFICANT FACTOR IN SEEKING THE ABORTION, TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO AMEND RULES AND CONDUCT A STUDY PERTAINING TO CLINICS CERTIFIED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO BE SUITABLE FACILITIES FOR THE PERFORMANCE OF ABORTIONS, TO AMEND THE WOMEN'S RIGHT TO KNOW ACT, AND TO INCREASE PENALTIES FOR UNSAFE MOVEMENTS BY DRIVERS THAT THREATEN THE PROPERTY AND SAFETY OF MOTORCYCLISTS. Enacted July 29, 2013. Effective July 29, 2013, except as otherwise provided.

 

SB747 (HB1034) Volunteer Fire and Rescue Finances (PED). (May 14, 2014)A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS RELATED TO (1) LOCAL FIREFIGHTERS' RELIEF FUNDS, THE STATEWIDE FIREFIGHTERS' RELIEF FUND, AND THE RESCUE SQUAD WORKERS' RELIEF FUND, (2) WORKERS' COMPENSATION FOR FIREFIGHTERS AND RESCUE SQUAD WORKERS, (3) SUPPLEMENTAL PENSIONS FOR FIREFIGHTERS AND RESCUE SQUAD WORKERS, AND (4) THE VOLUNTEER FIRE DEPARTMENT FUND AND VOLUNTEER RESCUE/EMS FUND. Enacted July 7, 2014. Effective July 1, 2014, except as otherwise provided.

 

S78. Off-Duty Correctional Officers/Conceal Carry. (April 13, 2015)

Filed 02/11/15. AN ACT TO PROVIDE THAT A STATE CORRECTIONAL OFFICER MAY CARRY A CONCEALED WEAPON WHEN OFF-DUTY.

AN ACT TO PROVIDE THAT A STATE CORRECTIONAL OFFICER MAY CARRY A CONCEALED WEAPON WHEN OFF-DUTY. Enacted April 9, 2015. Effective December 1, 2015.

S114. Custodial Parent/Party Cooperate w/Child Support. (June 4, 2015)

Filed 02/25/15. AN ACT TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF CHILD DEVELOPMENT AND EARLY EDUCATION AND THE DIVISION OF SOCIAL SERVICES, TO DEVELOP A PLAN REQUIRING A CUSTODIAL PARENT OR OTHER RELATIVE OR PERSON WITH PRIMARY CUSTODY OF A CHILD RECEIVING CHILD CARE SUBSIDY PAYMENTS TO COOPERATE WITH COUNTY CHILD SUPPORT SERVICES PROGRAMS AS A CONDITION OF RECEIVING CHILD CARE SUBSIDY PAYMENTS, AS RECOMMENDED BY THE CHILD SUPPORT SUBCOMMITTEE OF THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE. Enacted June 4, 2015. Effective July 1, 2015.

 

S88. Landlord/Tenant-Alias & Pluries Summary Eject. (July 25, 2017)

Filed 02/14/17. AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS, TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS, AND TO ALLOW PRO SE REPRESENTATION ON APPEAL.

 

AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS, TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS, AND TO ALLOW PRO SE REPRESENTATION ON APPEAL. Enacted July 20, 2017. Effective October 1, 2017.

 

S136 (H100). Restore Partisan Elections/Sup. & Dist. Court. (March 23, 2017)

Filed 02/14/17. AN ACT TO RESTORE PARTISAN JUDICIAL ELECTIONS FOR NORTH CAROLINA SUPERIOR AND DISTRICT COURTS AND TO CHANGE THE TIME FOR SUBMISSION OF PETITIONS FOR UNAFFILIATED CANDIDATES.

 

AN ACT TO RESTORE PARTISAN JUDICIAL ELECTIONS FOR NORTH CAROLINA SUPERIOR AND DISTRICT COURTS AND TO CHANGE THE TIME FOR SUBMISSION OF PETITIONS FOR UNAFFILIATED CANDIDATES. Enacted March 23, 2017. Effective with respect to primaries and elections held on or after January 1, 2018.

 

S547. Restitution Remission/Notice and Hearing Req. (May 23, 2017)

Filed 03/30/17. AN ACT TO REQUIRE NOTICE AND HEARING BEFORE REMISSION OF AN ORDER OF RESTITUTION.

AN ACT TO REQUIRE NOTICE AND HEARING BEFORE REMISSION OF AN ORDER OF RESTITUTION. Enacted May 23, 2017. Effective December 1, 2017.

 

S548. Strengthen Human Trafficking Laws/Studies. (July 25, 2017)

Filed 03/30/17. AN ACT STRENGTHENING HUMAN TRAFFICKING LAWS, AUTHORIZING THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY TO REGULATE MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS, REQUIRING MASSAGE AND BODYWORK THERAPISTS TO OBTAIN A STATEWIDE PRIVILEGE LICENSE, AND AUTHORIZING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY WAYS TO IDENTIFY AND PROTECT VICTIMS OF HUMAN TRAFFICKING.

 

AN ACT STRENGTHENING HUMAN TRAFFICKING LAWS, AUTHORIZING THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY TO REGULATE MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS, REQUIRING MASSAGE AND BODYWORK THERAPISTS TO OBTAIN A STATEWIDE PRIVILEGE LICENSE, AND AUTHORIZING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY WAYS TO IDENTIFY AND PROTECT VICTIMS OF HUMAN TRAFFICKING. Enacted July 20, 2017. Sections 1 and 3(l) are effective December 1, 2017. Sections 2(a)-(c) and 3(a)-(k) are effective October 1, 2017. Section 4 is effective July 20, 2017, and applies to taxable years beginning on or after July 1, 2018. The remainder is effective July 20, 2017.

 

 

 

549. (S257 Appropriation Act of 2017) Juvenile Reinvestment Act. (March 31, 2017)

Filed 03/30/17. AN ACT TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS WHO HAVE COMMITTED MISDEMEANOR OFFENSES; TO PROVIDE A VICTIM THE OPPORTUNITY TO REQUEST REVIEW OF DECISION NOT TO FILE A PETITION; TO INCREASE THE INFORMATION AVAILABLE ON JUVENILES TO LAW ENFORCEMENT AND FOR COURT PROCEEDINGS; TO AUTHORIZE SCHOOL-JUSTICE PARTNERSHIPS STATEWIDE TO REDUCE SCHOOL-BASED REFERRALS TO THE JUVENILE COURT SYSTEM; TO REQUIRE REGULAR JUVENILE JUSTICE TRAINING FOR LAW ENFORCEMENT OFFICERS; AND TO ESTABLISH THE JUVENILE JURISDICTION ADVISORY COMMITTEE.

 

 

S567. Reform/Correct/Wills and Trusts. (July 25, 2017)

Filed 03/30/17. AN ACT TO PROVIDE FOR THE JUDICIAL REFORMATION OF WILLS TO CORRECT MISTAKES AND THE JUDICIAL MODIFICATION OF WILLS TO ACHIEVE THE TESTATOR'S TAX OBJECTIVES AND TO REVISE THE NORTH CAROLINA UNIFORM TRUST CODE TO ACHIEVE CONSISTENCY IN THE REFORMATION OF TRUSTS WITH THE REFORMATION OF WILLS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

 

AN ACT TO PROVIDE FOR THE JUDICIAL REFORMATION OF WILLS TO CORRECT MISTAKES AND THE JUDICIAL MODIFICATION OF WILLS TO ACHIEVE THE TESTATOR'S TAX OBJECTIVES AND TO REVISE THE NORTH CAROLINA UNIFORM TRUST CODE TO ACHIEVE CONSISTENCY IN THE REFORMATION OF TRUSTS WITH THE REFORMATION OF WILLS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. Enacted July 20, 2017. Effective January 1, 2018, except as otherwise provided. Sections 1 and 3 apply to estates of decedents dying before, on, or after that date.

 

 

My work has, also, including Defense of Marriage which was a Constitutional Amendment, Election Integrity by the Requirement of a Photo ID to Vote, and various bills addressing Illegal Immigration.