House committee substitute makes the following changes to 1st edition. Changes the title to AN ACT TO PROVIDE THAT IF A DEFENDANT HAS SEVEN OR MORE PRIOR LARCENY CONVICTIONS, A SUBSEQUENT LARCENY OFFENSE IS A FELONY.
Deletes the provisions of the 1st edition and instead amends GS 14-72 (larceny of property; receiving stolen goods or possession stolen goods) to provide that larceny is a felony if the larceny is committed after the defendant has been convicted of larceny at least seven times in this state or another jurisdiction regardless of whether the prior convictions were misdemeanors, felonies, or a combination. Excludes from the prior conviction count convictions where the record reflects that the defendant waived council. Provides that if a person is convicted of more than one offense of misdemeanor larceny in a single session of district court or a single week of superior court, then only one of the convictions may be used as a prior conviction. Applies to offenses committed on or after December 1, 2011.

House committee substitute makes the following changes to 1st edition. Amends proposed new GS 14-208.9(f) to require a person to report in person to the sheriff within three business days (was, ten days) if a person required to register as a sex offender changes his or her name. Deletes appropriation of funds to the Department of Justice for computer and software repairs to the statewide registry computer system. Makes conforming changes to title and effective date.

Disapproves 15A NCAC 02U .0113 (permitting by regulation) and 15A NCAC 02U .0501 (reclaimed water utilization) as adopted by the Environmental Management Commission on November 18, 2010, and approved by the Rules Review Commission on December 16, 2010.

Amends GS 15A-1343(b)(2) to require a defendant on probation to remain accessible to the probation officer by making the defendant's whereabouts known to the officer at all times and not leave the defendant's county of residence or North Carolina (rather than remain within the court's jurisdiction) unless granted written permission by the court or officer. Removes probation condition that the defendant visit the probation officer at a designated time. Enacts new GS 15A-1343(b)(16) to also direct the defendant to supply a breath, urine, or blood specimen to analyze for the possible presence of prohibited drugs or alcohol when instructed by the probation officer, and to pay the analysis costs if required.
Amends GS 15A-1343(b1) to add the following special conditions of probation: (1) do not knowingly associate with any known gang member and do not knowingly be present at any place or location where gangs gather or where gang activity is known to occur, (2) do not wear any item identified with or used by a gang, (3) do not contact any individual who was or may be a witness against or victim of the defendant or the defendant's gang, and (4) do participate in any Project Safe Neighborhood activities as directed by the probation officer.
Repeals GS 15A-1344(g) (concerning tolling the probation period during pending criminal charges that could result in revocation).
Applies to persons placed on probation on and after December 1, 2011.

Identical to S 223, filed 3/3/11.

As title indicates. Requires that the Administrative Office of the Courts report its findings and recommendations to the General Assembly no later than the convening of the 2012 Regular Session.

Identical to S 222, filed 3/3/11.

Directs the North Carolina Sentencing and Policy Advisory Commission (Commission) to incorporate data from the Employment Security Commission's Common Follow-up System into its biennial correctional program evaluation and directs the NC Department of Correction to utilize the Common Follow-up System data in evaluating the effectiveness of its programs. Requires the Commission to report to the General Assembly no later than the convening of the 2012 Regular Session as to the best methods and procedures for ensuring that a defendant who enters a guilty plea understands the collateral consequences of that plea. 

Identical to S 217, filed 3/3/11.

  

As title indicates. Also requires establishing offender reentry as a funding priority.

 

 

As title indicates, amends GS 153A-301 to modify the criteria to establish a law enforcement service district as follows: (1) increases the population threshold to 650,000 (was 500,000) and (2) requires that the county have an interlocal agreement with one or more municipalities for the provision of law enforcement services in the unincorporated area of the county.

Enacts new GS 47F-3-123 to prohibit the regulation or ban of water efficiency or energy efficiency improvements by homeowners associations. Provides the following exemptions from the prohibition: (1) for declarations of covenants registered before October 1, 2011, the covenant prohibits the specific water or energy efficiency improvement installed or proposed by the property owner or (2) for covenants registered on or after October 1, 2011, the restriction lists the specific water and energy efficiency measures that are prohibited, and the improvement installed or proposed by the property owner is substantially the same as a restricted measure. Defines water efficiency improvement and energy efficiency improvement. Effective October 1, 2011.

Enacts new GS 145-33, as title indicates.

Appropriates $150,000 for 2011-12 from the General Fund to the North Carolina Science Olympiad to expand the program to all 100 counties, sponsor at least 15 regional tournaments, increase the number of schools participating, and provide a state director. Effective July 1, 2011.

Amends GS 42-29 as title indicates. Requires that the plaintiff to an action must provide the windowed envelopes and specifies the size of the envelopes. Directs the Administrative Office of the Courts to make any necessary adjustments to forms for summonses and complaints to ensure that the name and address of the tenant are properly displayed. Effective October 1, 2011, and applies to summonses and complaints affixed to demised premises on or after that date.

Amends GS 58-2-69(g) to authorize the Commissioner of Insurance (Commissioner) to contract with the National Association of Insurance Commissioners (NAIC) or other parties to provide online services to applicants and licensees, for administrative services, license processing and support services, and regulatory data systems. Allows the NAIC or other contracted party to charge applicants and licensees a reasonable fee for these services, in addition to any applicable license application and renewal fees. Current law exempts contracts for these services from the provisions of Articles 3, 3C, and 8 of GS Chapter 143 (contracting requirements) and Article 3D of GS Chapter 147 (State Information Technology Services). Effective July 1, 2011.
Enacts new subsections (d), (e), (f), and (g) to GS 58-3-150 (forms to be approved by the Commissioner) to define a certificate of insurance as a document prepared or issued by an insurance company or producer used to verify or evidence the existence of property or casualty insurance coverage, but does not include a policy of insurance or insurance binder. States that a certificate of insurance does not amend, extend, or alter the coverage of the policy to which the certificate of insurance refers, and does not confer to a certificate holder new or additional rights beyond those expressly provided in the referenced policy. Makes it unlawful to knowingly prepare, issue, request, or require a certificate of insurance that (1) has not been filed with and approved by the Commissioner; (2) contains any false or misleading information; or (3) purports to alter, amend, or extend the coverage provided by the applicable insurance policy. Provides that a certificate holder will only have a legal right to notice of cancellation, nonrenewal, or any material change if the holder is named in the policy or endorsement, which requires notice. Effective October 1, 2011.
Enacts new GS 58-50-131 to prohibit any schedule of premiums for health benefit plan coverage or amendment from being used with the health benefit plan until a copy of the premium schedule or amendment has been filed with and approved by the Commissioner. Lists requirements for schedules or amendments so filed. Directs the Commissioner to approve or disapprove a schedule of premium rates within 60 days of a complete filing. Provides for notice and a hearing if the Commissioner disapproves the schedule. Requires the Commissioner to adopt rules (1) to prevent the federal preemption of health insurance regulation in North Carolina; (2) to implement the statute's provisions; and (3) to establish minimum standards for loss ratios of policies, as detailed. Effective July 1, 2011.
Enacts new GS 58-3-285 to direct an insurer who offers nondependent child coverage to offer open enrollment either continuously throughout the year or during January and July of each year. Requires this coverage to be issued without any riders based on the child's health status. Clarifies that an insurer may adjust the initial premium to the extent that the adjustment is in compliance with the applicable product's current approved rate filing. Defines terms used in the statute, and directs the Commissioner to adopt rules as necessary and proper to implement the statute. Effective October 1, 2011.
Amends GS 58-12-2 (definitions applicable to Risk-Based Capital Requirements) to add that a health organization is any insurer required by the Commissioner to use the NAIC Health Annual Statement Blank when filing the annual statement under GS 58-2-165. Clarifies that a life or health insurer, a property or casualty insurer, and a domestic insurer do not include any insurer that is required by the Commissioner to use the NAIC Health Annual Statement Blank when it files the annual statement. Makes a conforming change. Effective October 1, 2011.
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Amends GS 58-12-11(a) to add that a company action level event also occurs with the filing of a risk-based capital report that indicates the insurer has total adjusted capital that is greater than or equal to its company action level risk-based capital, as specified, in the case of a property or casualty insurer or health organization. Makes conforming and clarifying changes. Effective October 1, 2011.
Enacts new GS 58-33-27 to provide that no adjuster license is required for an individual who, in connection with insurance on portable consumer electronic devices, collects claim information from or furnishes claim information to insured parties or claimants, conducts data entry as detailed, and does not exercise discretion in the claim disposition, provided the individual is an employee of a licensee under GS Chapter 58 (Insurance Law). States that a producer acting as a supervisor is not required to be licensed as an adjuster. Defines automated claims adjudication system and portable consumer electronic devices. Applies to licenses issued on or after July 1, 2012.
Amends GS 58-33-30(e) by adding new subsection (2a) requiring adjusters who adjust federal crop insurance claims to pass a proficiency examination approved by the federal Risk Management Agency, or another approved exam, as a condition of obtaining an adjuster's license. Amends GS 58-33-30(e)(1) to exempt adjusters who adjust only federal crop insurance claims from the subsection's examination requirements, provided the adjuster is certified under proposed subsection (2a).
Amends GS 97-132 to remove language requiring approval by the Commissioner for appointments to the North Carolina Self-Insurance Security Association (Association) Board of Directors (Board). Amends GS 97-133(a)(1a) (concerning the North Carolina Self-Insurance Security Fund) to delete language providing for Fund segregation in the Board's discretion. Amends GS 97-133(a)(2a) (establishing the Association Aggregate Security System (System)) to remove provisions requiring and explaining a written plan and language referencing the Commissioner, and instead requires the System to notify the Commissioner at least 90 days before termination if the Association determines it is no longer feasible or practical to continue the System. Also directs the Association to require each member to determine annually its total undiscounted claims liability and inform the Association. Amends GS 97-134 (plan of operation) to direct the Board (instead of the Association) to adopt a Plan of Operation. Removes language and provisions requiring approval by the Commissioner. Makes additional conforming and technical changes, and makes a conforming change to GS 97-136. Amends GS 97-137 to require the Board to submit a financial report for the preceding calendar year, before June 1 (rather than March 30) of each year. Amends GS 97-185(a1)(2) to exclude individual self-insurers with a debt rating below the minimum Standard & Poor's or Moody's rating if a minimum debt rating has been established by the Board from the System. Makes these amendments effective July 1, 2011.

Amends GS Chapter 163 in three ways: (1) requires that the order in which political parties appear on election ballots be rotated so that the names of candidates and political parties appear in a maximum number of different orders and to achieve a reasonably even rotation of ballot styles in each county, (2) eliminates the “straight-party” ticket voting method (a place on the ballot to cast one vote simultaneously for all candidates for office of a particular political party), and (3) increases the membership of the State Board of Elections from five to six and retains current requirement that not more than three members of the Board shall be members of the same political party. Provisions regarding political party rotation and elimination of straight-party ticket voting method are effective with respect to elections conducted on or after January 1, 2012.

Amends GS 122C-22 to broaden the exemption from charitable solicitation licensing requirements to include any charitable, nonprofit, faith-based, adult residential treatment facility that does not receive any federal or state funding by repealing the requirement that such entities be part of an international organization serving at least 50 countries and other related criteria. Effective July 1, 2011.

Identical to S 102, filed 2/22/11.

Appropriates $65,000 for 2011-12 and $65,000 for 2012-13 from the General Fund to the Department of Health and Human Services, Office of Chief Medical Examiner, to establish a new child death research position and to reclassify a current research assistant position to a child death research position. Effective July 1, 2011.

Amends various provisions of law and the Rules of Civil Procedure regarding service of process, including (1) amending GS 7A-217, GS 150B-23(c), GS 150B-36(b3), GS 150B-38(c), and GS 150B-42(a) to allow service by signature confirmation or designated delivery service in small claim actions assigned to magistrates and in administrative cases; (2) amending GS 1A-1, Rule 4(c) to clarify that the sixty-day time frame for serving a summons under Rule 4 of the Rules of Civil Procedure applies to all summons under Rule 4(j) and (j1); (3) amending GS 7B-1102 to require that a copy of a motion to terminate parental rights that is served on a parent be sent to that parent’s attorney of record, if any; and (4) amending GS 1A-1, Rule 5(b) to require that a party’s attorney of record, if any, must be served when service is made under Rule 5(b), in addition to any service on that party, and that an attorney may be served under Rule 5(b) by mail. Effective October 1, 2011.

Amends various provisions of GS Chapter 136 for purposes as indicated in the title.
Raises the fee for a vegetation removal permit from $200 to $400 per site and specifies that the fee is nonrefundable. Prohibits, except as specified in new GS 136-133.1(f), cutting, trimming, removing, or pruning any tree, shrub, or underbrush in or on any right-of-way of a state road or highway without a written permit issued by the Department of Transportation (DOT) and in accordance with DOT rules and GS 136-133.1, GS 136-133.2, and GS 136-133.4. Requires that the owner of an outdoor advertising sign or of a business facility make the request for a permit for selective vegetation removal to the appropriate roadside environmental engineer in the Division of Highways office on a form required by the DOT. Provides that a permit may not be issued to provide visibility to on-premise signs. Provides that if the site is inside city limits, the municipality has 30 days to review and provide nonbinding comments on the application if the municipality has met certain requirements. Prohibits local governments from regulating removal of vegetation within the limits of interstate or primary highway rights-of-way by any permit holder or anyone otherwise authorized by the DOT.
Enacts new GS 136-93.2 to specify the criteria for determining, on an annual basis, the monetary value for existing trees removed and eligible for reimbursement to DOT as provided in GS 136-93 or GS 136-133.1.
Amends GS 136-129 to specify limitations and regulations of the erection of outdoor advertising devices. Provides that billboards outside city boundaries must be at least 500 feet apart and that fees under this section are limited to $150 for the initial fee and $90 for the annual renewal, with $30 of each fee to be used for highway beautification. Allows automatic changeable facing signs if specified conditions are met. Prohibits denial of electrical utility permits to an outdoor advertising sign for which a valid permit has been issued.
Enacts new GS 136-133.1 to specify the zone around billboards in which clearing is allowed. Defines an existing tree as one that is four inches or greater in diameter as measured six inches from the ground at the time that the outdoor advertising structure was erected. Provides limitations as to when existing trees may be removed. Provides an exception to permit the owner of an outdoor advertising sign or the owner's designee to clear vegetation without a permit providing that the owner or owner's designee is working only from the private property side of a controlled access fence with the landowner's consent. Requires that native dogwoods and native rosebuds be preserved. Requires the applicant for a selective vegetation removal permit to submit a site plan showing any existing trees that the applicant is requesting to cut, thin, prune, or remove. Includes additional requirements that the applicant provide data identifying the species and size of the trees in the site plan. Provides circumstances under which the DOT may revoke an advertising permit for the removal or modification of vegetation within the right-of-way of any interstate or primary highway.
Enacts new GS 136-133.2 to provide that permits to remove vegetation may only be granted for outdoor advertising locations that have been permitted for at least two years and at the discretion of the DOT. Requires the application for a permit to be decided within 30 days, with the DOT to specify in writing the reasons for denial. Sets out permissible bases for denial. Enacts new GS 136-133.3 to provide the procedure for appeal of the DOT's denial of a permit for selective vegetation removal to the Secretary of Transportation, and provides for judicial review of a final agency decision.
Enacts new GS 136-133.4 and GS 136-133.5 to specify standards for clearing around billboards, methods of clearing and responsibility for damage. Provides that a willful failure to substantially comply with all the requirements specified in the selective vegetation removal permit results in (1) a five-year moratorium on clearing, (2) revocation of a billboard permit for violation of standards, (3) payment of investigative costs, and (4) forfeiture of applicable performance bond. GS 136-133.5 provides additional criteria for denial of a permit for proposed outdoor advertising.
Effective October 1, 2011, and applies to permits, applications, or renewals submitted on or after that date and to offenses occurring on or after that date.

Amends various sections of GS Chapter 45 governing the methods of recording satisfaction of a security instrument, including methods for appointment of trustee upon renunciation of representative (GS 45-6); methods for requests for copies of notice (GS 45-21.17A(b)); methods for satisfaction of any security instrument intended to secure the payment of money or the performance of any other obligation registered as required by law (GS 45-37(a)); methods for recording (now indexing) satisfactions of security instruments (GS 45-37.2); methods for discharge of recorded instruments (GS 45-73); and repealing GS 45-36.9(e). Also clarifies requirements for electronic registering of plats and subdivision maps (new GS 47-30(o)), effective October 1, 2011. Clarifies that the widow or widower of a member of the military is authorized to have access to military discharge documents on file with the register of deeds (GS 47-113.2(b)(1)), effective when the act becomes law. Effective October 1, 2011, unless otherwise indicated.

Sets out House procedures for electing eight members of the UNC Board of Governors as follows: (1) election process to be conducted by the House Select Committee on UNC Board of Governors Nominations; (2) nominations are to be received beginning Friday, March 11, 2011, through 12:00 pm on Thursday, March 17, 2011; (3) candidates must be nominated by a member of the House on a form provided by the Committee Chair, and nomination forms must be submitted to the House Principal Clerk within the applicable timeframe and in compliance with all other requirements set out in the resolution; (4) all proposed nominees shall be listed by the Committee on or after March 18, 2011, after which the Committee shall screen candidates; (5) election will be held in the House no later than the beginning of the daily session on Tuesday, March 29, 2011; and (6) other procedural matters regarding form and method of election.