GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 5
SENATE BILL 148
Judiciary Committee Substitute Adopted 3/14/17
House Committee Substitute Favorable 5/10/17
House Committee Substitute #2 Favorable 6/20/17
Fifth Edition Engrossed 6/21/17
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Short Title: Juror Excused by Clerk/Modify Various Appts. |
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Sponsors: |
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Referred to: |
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March 1, 2017
A BILL TO BE ENTITLED
AN ACT to provide that the chief district court judge may delegate authority To the clerk of superior court in matters relating to jury service excusals; to modify terms of appointment for various boards; to revise an effective date in s.l. 2017‑8; and to provide for the appointment of a part‑time special administrative law judge.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 9‑6(b) reads as rewritten:
"§ 9‑6. Jury service a public duty; excuses to be allowed in exceptional cases; procedure.
…
(b) Pursuant to the foregoing policy, each chief district court judge shall promulgate procedures whereby he or any district court judge of his district court district designated by him, prior to the date that a jury session (or sessions) of superior or district court convenes, shall receive, hear, and pass on applications for excuses from jury duty. The procedures shall provide for the time and place, publicly announced, at which applications for excuses will be heard, and prospective jurors who have been summoned for service shall be so informed. The chief district court judge, after consultation with and the consent of the clerk, may also delegate this authority to the clerk of superior court. In counties located in a district or set of districts as defined in G.S. 7A‑41.1(a) which have a trial court administrator, the chief district judge may assign the duty of passing on applications for excuses from jury service to the administrator. In all cases concerning excuses, the clerk of court or the trial court administrator shall notify prospective jurors of the disposition of their excuses."
SECTION 1.(b) G.S. 9‑6.1 reads as rewritten:
"§ 9‑6.1. Requests to be excused.
(a) Any person summoned as a
juror who is a full‑time student and who wishes to be excused pursuant to
G.S. 9‑6.1(b1) [G.S. 9‑6(b1)] or who is 72 years or older
and who wishes to be excused, deferred, or exempted, may make the request
without appearing in person by filing a signed statement of the ground of the request
with the chief district court judge of that district, or the district court judge
judge, the clerk of superior court if so delegated by the chief district
court judge, or a trial court administrator designated by the chief
district court judge pursuant to G.S. 9‑6(b), at any time five
business days before the date upon which the person is summoned to appear.
(b) Any person summoned as a
juror who has a disability that could interfere with the person's ability to
serve as a juror and who wishes to be excused, deferred, or exempted may make
the request without appearing in person by filing a signed statement of the
ground of the request, including a brief explanation of the disability that
interferes with the person's ability to serve as a juror, with the chief
district court judge of that district, or the district court judge or judge,
the clerk of superior court if so delegated by the chief district court judge, or
a trial court administrator designated by the chief district court judge
pursuant to G.S. 9‑6(b), at any time five business days before the
date upon which the person is summoned to appear. Upon request of the court,
medical documentation of any disability may be submitted. Any privileged
medical information or protected health information described in this section
shall be confidential and shall be exempt from the provisions of Chapter 132 of
the General Statutes or any other provision requiring information and records
held by State agencies to be made public or accessible to the public.
(c) A person may request
either a temporary or permanent exemption under this section, and the judge judge,
clerk of superior court if so delegated by the chief district court judge, or
trial court administrator may accept or reject either in the exercise of
discretion conferred by G.S. 9‑6(b), including the substitution of a
temporary exemption for a requested permanent exemption. In the case of
supplemental jurors summoned under G.S. 9‑11, notice may be given
when summoned. In case the chief district court judge, or the judge judge,
clerk of superior court if so delegated by the chief district court judge, or
trial court administrator designated by the chief district court judge pursuant
to G.S. 9‑6(b), rejects the request for exemption, the prospective juror
shall be immediately notified by the trial court administrator or the clerk of
court by telephone, letter, or personally."
SECTION 2.(a) G.S. 143‑548 reads as rewritten:
"§ 143‑548. Vocational Rehabilitation Council.
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(d1) Terms of Appointment. –
(1) Length of Term. – Each member of the Council shall serve for a term of not more than three years, except that:
a. A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of that term;
b. The terms of service of the members initially appointed are as specified by the appointing authority for a fewer number of years as will provide for the expiration of terms on a staggered basis and shall include the members of the existing Council to the extent possible with appropriate adjustments to their terms;
c. The appointing authority shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16; and
d. A member may continue to serve until a successor for the position is appointed;
(2) Number of Terms. – No
member of the Council other than the representative of the Client Assistance Program
Program, the representative of a
parent training and information center, and the representative of the directors of projects carried
out under section 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as
amended, may serve more than two consecutive full terms.
…."
SECTION 2.(b) G.S. 140‑5.13 reads as rewritten:
"§ 140‑5.13. Board of Trustees. – establishment; members; selection; quorum; compensation; officers; meetings.
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(b) The Board of Trustees of the North Carolina Museum of Art shall consist of 25 members, chosen as follows:
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All regular appointments or elections
except those by the General Assembly shall be for terms of six years, except
that each member shall serve until the member's successor is chosen and
qualifies. No person may be appointed or elected to more than two consecutive
terms of six years. All regular appointments by the General Assembly
shall be for the then current legislative term, and no appointee of the
General Assembly may be appointed to more than two consecutive terms of two
years.four years, with no person being appointed to more than three
consecutive terms.
…."
SECTION 3. Section 3.2(b) of S.L. 2017‑8 reads as rewritten:
"SECTION 3.2.(b) This section becomes effective October
1, 2017,July 1, 2018, applies to claims for benefits filed on or
after that date, and applies to tax calculations on or after that date."
SECTION 4. G.S. 7A‑757 reads as rewritten:
"§ 7A‑757. Temporary administrative law judges; part‑time special administrative law judge; appointments; powers and standards; fees.
(a) When regularly appointed administrative law judges are unavailable, the Chief Administrative Law Judge of the Office of Administrative Hearings may contract with qualified individuals to serve as administrative law judges for specific assignments. A temporary administrative law judge shall have the same powers and adhere to the same standards as a regular administrative law judge in the conduct of a hearing. A temporary administrative law judge shall not be considered a State employee by virtue of this assignment, and shall be remunerated for his service at a rate not to exceed three hundred dollars ($300.00) per day and shall be reimbursed for travel and subsistence expenses at the rate allowed to State officers and employees by G.S. 138‑6(a). The Chief Administrative Law Judge may also designate a full‑time State employee to serve as a temporary administrative law judge with the consent of the employee and his supervisor; however, the employee is not entitled to any additional pay for this service.
(b) The Chief Administrative Law Judge shall appoint at least one individual to serve as a part‑time special administrative law judge. A part‑time special administrative law judge appointed pursuant to this subsection shall take the same oath of office as other administrative law judges. Subject to availability, the individual may serve as a temporary administrative law judge subject to the same rules, and subject to the same restrictions when sitting, as would apply to a temporary administrative law judge appointed pursuant to subsection (a) of this section. A part‑time special administrative law judge shall not be considered a State employee and shall not receive compensation for his or her service or be reimbursed for his or her expenses, except when sitting as a temporary administrative law judge. The individual appointed to this position shall have a term of four years. At the expiration of the term, the Chief Administrative Law Judge may reappoint the previous appointee to a new four‑year term or appoint another individual to a new four‑year term. If a vacancy in the position occurs for any reason, the Chief Administrative Law Judge may appoint another individual for the remainder of the term. A part‑time special administrative law judge may be removed from office by the Chief Administrative Law Judge for just cause, as that term is used in G.S. 126‑35."
SECTION 5. This act is effective when it becomes law. The Chief Administrative Law Judge shall appoint a part‑time special administrative law judge as described in Section 4 within 30 days of when this act becomes law.