As noted below, this list is not exhaustive of all the legislation passed, but likely the changes most relevant to our citizens.
RECENT CHANGES IN THE LAW DURING THE 2014 SESSION OF THE
LEGISLATURE
The North Carolina Legislature has two sessions every two
years, the Long Session, which occurred last year, when most legislation is
generally reviewed and possibly enacted into law, and the Short Session, which
completed its work earlier this year.
There are various rules passed by the Legislature regarding what matters
may be considered by the Short Session for consideration and enactment.
Most of the laws passed and signed by the Governor in the
2014 Session are technical, and they involve areas of the law that do not
impact our citizens on a day-to-day basis.
But some do. Here is a summary of
many of them, although it is not exhaustive of all the legislation passed.
CRIMINAL LAW CHANGES.
Changes to the criminal laws allow the conditional discharge and
expunction (removal from the public record) of additional but limited
non-violent misdemeanors and felonies. Amendments make possession of drug
paraphernalia a Class 3 misdemeanor and make it a Class H felony to give or
sell a cell phone to an inmate. Laws regarding assaults as retaliation against
various officials are strengthened, and it is now a Class I felony if one is
convicted of such an assault. Technical
changes now allow for remote video testimony by forensic analysts in
trials. Detention officers may now carry
weapons on educational property.
Air rifles, air pistols and BB guns are not deemed to be
“dangerous firearms” in certain counties.
AMENDMENTS TO THE RULES OF CIVIL PROCEDURE REGARDING THE
AMOUNTS IN CONTROVERSY. The Rules are
amended to change from $10,000 to $25,000 the amount in controversy above which
a pleading shall not state a more specific demand for monetary relief. Amendments also conform the increase in
jurisdictional amounts for district and superior court enacted last year.
REGISTRATION FOR MOPEDS.
Mopeds are now required to be registered with the Division of Motor
Vehicles.
TIME LIMITS FOR CERTAIN ACTIONS. The law has various time limits within which
various claims can be brought in a lawsuit.
A component of these limitation laws is the so-called statute of repose,
which pegs an outside limit of ten years in very limited circumstances in which
certain claims can be brought for acts which are allegedly not known and could
not have been known. This statute was
amended to provide that it is not to be construed to bar an action for personal
injury or property damages caused or contributed to by the consumption,
exposure or use of water supplied from groundwater contaminated by a hazardous
substance, pollutant or contaminant.
BUSINESS COURT MODERNIZATION. Years ago North Carolina established a
Business Court, which deals only with limited but often complex business
issues. The judges who are assigned to
these courts are highly experienced in complex litigation matters. These courts generally provide a “safe haven”
of sorts for businesses that may seek to locate a major facility in North
Carolina (or to stay in North Carolina.)
Legislation passed in 2014 provides for certain direct appeals to the
Supreme Court of final judgments entered in the Business Court. It also modifies the categories of cases that
may be designated as mandatory complex business cases and provides for an
expedited method for certain types of actions to be assigned to the Business
Court.
Many of the changes passed in the 2014 Session were
recommended to the Legislature by the North Carolina Bar Association, which
often proposes specific statutory changes which improve the operation of the
law for citizens and businesses.
DISCLAIMER:
This summary is provided as a courtesy by Wells Liipfert,
PLLC. It is not intended to give, and
does not give, legal advice. No attorney-client relationship is created by
providing this summary.
Mike Wells
336.283.8700
mike@wellsliipfert.com
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