The Daily Bulletin: Monday, April 1, 2013
UNC
iOVERNMENT
Published on Legislative Repotting Service ( http:/
/
lrs.sog.unc.edu)
The Daily Bulletin: Monday, April 1, 20 13
PUBLIC/ HOUSE BILLS
H 2 1 (20 B- 20 14) JOINT SESSION/ STATE BD OF ED CONFIRMATION. Filedjan 30 2013. AJOINT RESOLUTION
PROVIDING FOR CONFIRMATION OF APPOINTMENTS BY THE GOVERNOR OF GREGORY M. ALCORN, WILLIAM W.
COBEY, J R, REBECCA H. TAYLOR, A L. COLLINS, OLIVIA OXENDINE, AND MARCELLA RAMIREZ SAVAGE, AND TO THE
STATE BOARD OF EDUCATION.
House committee substitute to the 2nd edition make the following changes.
Sets the appointments for A.L. Collins, Olivia Oxendine, and Marcella Ramirez Savage to expire March 31, 2021 (was,
March 31, 2019). Makes conforming changes. Makes a technical change to the long title.
Intro, by T. Moore. J OINT RES
State Board of Education
H 482 (2013-2014) MEDIATION AMENDMENTS. Filed Mar 28 2013. A BILL TO BE ENTITLED AN ACT TO AMEND THE
LAW REGARDING MEDIATED SETTLEMENT CONFERENCES IN SUPERIOR COURT, MEDIATION IN DISTRICT COURT
DOMESTIC CASES, AND THE REGULATION OF MEDIATORS, TO ESTABLISH A DISPUTE RESOLUTION FUND FOR MONIES
COLLECTED THROUGH THE EXISTING ADMINISTRATIVE FEE FOR THE CERTIFICATION OF MEDIATORS AND
MEDIATION TRAINING PROGRAMS, AND TO MAKE IT UNLAWFUL TO FALSELY REPRESENT ONESELF AS A CERTIFIED
MEDIATOR OR TO FALSELY REPRESENT A MEDIATOR TRAINING PROGRAM AS CERTIFIED.
Amends GS 7A-38.1 (Mediated settlement conferences in superior court civil actions) to allow the discovery of and
admissibility of statements made and conduct occurring during a mediated settlement conference or other settlement
proceeding under the statute, in disciplinary hearings before the State Bar or the Dispute Resolution Commission
(was, State Bar or any agency established to enforce standards of conduct for mediators or other neutrals) . Makes a
conforming change. Makes the same changes to G S 7A- 38 . 4A ( Settlement procedures in district court actions) , to G S
7A-38.3B (mediation in matters within thejurisdiction of the clerk of superior court), and to GS 7A-38.3D (Mediation
in matters within thejurisdiction of the district criminal courts).
Amends GS 7A- 38.2(d) to require that the administrative fee (of up to $200) for the certification and renewal of
mediators and mediation training programs be deposited in a Dispute Resolution Fund to support the operations of
the Dispute Resolution Commission (Commission) and to be used at the Commission's direction. Also amends the
statute to allow the Commission to issue cease and desist letters to individuals falsely representing themselves as
certified, or eligible to be certified, or to an individual or firm that falsely represents a mediatory training program as
certified, or eligible to be certified. Violations are Class 2 misdemeanor and are subject to a civil penalty not to exceed
$500 per day of violation. Requires that the clear proceeds of any civil penalty be remitted to the Civil Penalty and
Forfeiture Fund. Allows for injunctions and requires that actions and prosecutions be filed in Wake County courts.
Effective December 1, 2013 and applies to offenses committed on or after that date.
Unless otherwise indicated, effective J uly 1, 2013 and applies to mediations commenced on or after that date.
Intro. byT. Moore, Bryan, Glazier, Schaffer.
GS7A
Court System
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