House committee substitute makes the following changes to 1st edition.
Amends proposed GS 20-141.7(f)(2) to increase the civil penalty for speeding within a school zone to $250 (was, $125). Amends proposed GS 20-141.7(h)(2) to clarify that a sworn affidavit provided by a registered owner contesting liability for speeding must include documentation that the owner reported theft or other loss of the photographed vehicle within 48 hours of the violation (was, before the date of the violation).

House committee substitute makes the following changes to 1st edition. Amends GS 9-6.1 to allow a person that has been summoned as a juror who is 66 (was, 72) years old or older to request to be excused, deferred, or exempted by filing a signed statement instead of appearing in person.

Amends GS 58-3-145(1) to allow an insurer, agent, or broker to accept an insurance premium payment by credit card if the insurer complies with the prohibition against unfair discrimination under GS 58-3-120 (clarifies current law) and satisfies other existing conditions.
Enacts subsection (6) to GS 58-58-135, which defines group life insurance, to add group policies that satisfy the following three requirements. (1) One of the following descriptions is true about the policy: (a) the Commissioner of Insurance finds that issuance of the group policy is not contrary to the public’s best interests, would result in economies of acquisition or administration, and has a reasonable benefit/premium balance, or (b) another state has approved the policy under requirements substantially similar to those previously listed and the Commissioner has not disapproved the policy. (2) Requires the policy premium be paid from either the policyholder’s funds or funds contributed by the covered persons, or both. (3) Allows an insurer to exclude or limit coverage on any person due to unsatisfactory individual insurability. Makes a conforming change.
Effective October 1, 2011.

Amends GS 20-16.3A as the title indicates. Prohibits law enforcement from conducting a checking station or a roadblock unless the checking station or roadblock is to cordon off an area to locate an offender specifically named in an arrest warrant. Provides that any other person passing through the checking station or roadblock cannot be arrested for any reason unless (1) the person has an outstanding arrest warrant or (2) the person has committed an implied consent offense, been warned by a law enforcement officer not to proceed, and continues through the checking station or roadblock despite the warning. Deletes all existing statutory provisions. Effective December 1, 2011, and applies to offenses committed on or after that date.

Amends Section 10.68A(a)(7) of SL 2009-451, as amended, to direct that the Department of Health and Human Services’ restructuring of the Medicaid child mental health, developmental disabilities, and substance abuse residential services program addresses requiring the completion of an assessment, in addition to other specified criteria, to ensure the appropriateness of placement, before a child can be admitted to Level III or Level IV placement. Limits the length of placement to no more than 180 days (was, 120 days). Provides that any exceptions to the time limit will require a psychological or psychiatric assessment that may be completed by the Critical Access Behavioral Health Agency (CABHA) for CABHAs, or an independent psychological or psychiatric assessment for non-CABHAs (was, required an independent psychiatric assessment to make an exception to the length of stay). Requires submission of a discharge plan for the placement request to be complete; however, does not condition receipt of authorization approval upon all signatures. Directs the local management entity to designate appropriate individuals who can sign the discharge plan within 24 hours of receipt.

All of the amendments are to GS 1A-1. Makes changes to incorporate gender neutral language where possible.
Rule 16. Pre-trial procedure; formulating issues. Provides that if a pre-trial conference is held, the judge must (was, may) make an order that reviews the action taken at the conference which may limit (was, which limits) the issues for trial to those not disposed of by admissions or agreements of counsel. Also requires the order to include any amendments allowed to the pleadings, and any agreements made by the parties on any of the matters considered. Makes a conforming change to reflect the reorganizing of Rule 26.
Rule 26. General provisions governing discovery. Provides that the scope of discovery includes electronically stored information. Defines electronically stored information as reasonably accessible metadata that enables the party requesting discovery the ability to access such information as the date sent, the date received, the author, and recipients. The phrase does not include other metadata unless the parties are in agreement to provide it upon a motion of a party and a showing of good cause.
Imposes additional limitations on electronically stored information, providing that in addition to the limitations imposed by new subdivision (b)(2) [currently codified under subdivision (b)(1)], discovery of electronic stored information is subject to the limitations set out in Rule 34(b). Allows the court to specify the condition for discovery, including the allocation of discovery costs.
Enacts subdivision (7) to provide criteria when a party withholds information that is otherwise discoverable by claiming that the information is privileged or protected as trial preparation material. Also provides criteria for the inadvertent production of material in response to a discovery request which the producing party is claiming as privileged or as trial preparation material.
Provides that a party seeking a protective order to limit discovery on the basis that the electronically stored information sought is from a source that is not reasonably accessible because of undue burden or cost has the burden of showing that the basis exists. Provides that even if the burden of showing is made, the court may still order that the information be produced if the requesting party shows good cause, but only after the court considers the limitations of subsection (b)(2) of Rule 26. Renumbers subdivisions under subsection (b) of Rule 26 and makes conforming changes to reflect the renumbering of the subdivisions.
Amends subsection (f) to provide criteria for the scheduling of the discovery meeting, the setup and structure of the discovery conference, and the content of the discovery plan (was, discovery conference). Permits the court to combine the discovery conference with a pretrial conference as authorized under Rule 16, except specifies that a discovery conference in a medical malpractice action is to be governed by subsection (g) of Rule 26 (currently subsection (f1)). Makes additional conforming and technical changes to reflect reorganization of the subsections and subdivisions of Rule 26.
Rule 33(c). Option to produce business records. Current law allows a party to answer an interrogatory by specifying the business records from which the answer may be derived. Provides that such a specification is to be in sufficient detail to allow the party proposing the interrogatories to locate and identify the records where the answers may be found.
Rule 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes. Provides criteria for the production of electronically stored information. Provides that the request for electronically stored information may specify the form or forms in which the information is to be produced. Allows the party upon whom the request for production is served to object to production of electronically stored information as not reasonably accessible because of undue burden or cost. Permits the party asked to produce the electronically stored information to also object to the form in which the information is requested. Provides additional criteria regarding the procedures for producing documents or electronically stored information. Makes organizational changes
Rule 37. Failure to make discovery; sanctions. Provides that if a motion to compel discovery is based on an objection to production of electronically stored information from sources that the objecting party has identified as not being accessible because of undue burden or cost, the party objecting to producing the electronically stored information has the burden of showing that the basis for the objection exists. Provides that unless there are exceptional circumstances, a court cannot impose sanctions on a party for not providing electronically stored information that was lost as a result of routine, good-faith operation of an electronic information system.
Rule 45. Subpoena. Identifies electronically stored information as evidence to be gathered via a subpoena. Provides that a subpoena may specify the form or forms in which electronically stored information is to be produced. Clarifies that the provisions regarding subpoenas apply to records, books, papers, documents, electronically stored information, or tangible things. Provides applicable criteria regarding producing electronically stored information in response to subpoenas. Makes organizational and conforming changes.
Effective October 1, 2011, and applies to all cases on or after that date.

Amends GS 7B-200(a) to provide that the court has exclusive original jurisdiction of proceedings for reinstatement of parental rights. Amends GS 7B-503 to provide that serious emotional damage to a juvenile, as defined by GS 7B-101(1)e., is basis for the court to make an order for nonsecure custody when there is a reasonable basis to believe the allegations in the petition for nonsecure custody are true.
Amends GS 7B-507 to clarify that the county department of social services (Department) is to provide or arrange for the foster care or other placement of a juvenile in the Department's custody or placement responsibility; however, provides that the court may order a specific placement that is in the best interest of the juvenile after considering the Department's recommendations.
Current law allows the court to direct a permanency planning hearing be held within 30 calendar days after any hearing at which the court finds that reasonable efforts to eliminate the need for placing the juvenile should cease or are not required. Amends GS 7B-507(c) to direct the court to order a plan for permanence as soon as possible after reunification efforts cease or are not required and after the court has provided each party with a reasonable opportunity to prepare and present evidence. Provides that if the court's determination to cease reunification efforts is made at a hearing for which there was proper and timely notice that it was a permanency planning hearing, then the court may immediately proceed to consider all the criteria under GS 7B-907(b) (regarding permanency planning hearings), make findings of fact, and provide the best plan of care to achieve a safe, permanent home for the juvenile within a reasonable period of time. Provides that if the court decides to cease reunification at any hearing other than a permanency planning hearing then the court must schedule another hearing within 30 days to address a permanent plan in accordance with GS 7B-907. Provides that at any hearing at which the court orders that reunification efforts are to end, then the affected parent, guardian, or custodian may give notice to preserve the right to appeal under GS 7B-1001, which requires that the notice of appeal be given in writing within 30 days of the order to cease reunification. GS 7B-1001 also provides that the order to cease reunification is identified as an issue (was, assigned as an error) in the record on appeal of the termination of parental rights
Repeals GS 7B-902 (consent judgment in abuse, neglect, or dependency proceeding) and moves its content to a new subsection (b1) under GS 7B-801. Amends GS 7B-807(a) to provide the court may include stipulations in determining that the allegations in a petition have been proven by clear and convincing evidence. Requires stipulations to be in writing and signed by the party making the stipulations. Amends GS 7B-901 to require the court to inquire at the dispositional hearing as to the identity and location of any missing parent and to address any question of paternity. Provides additional guidelines regarding the court's inquiry.
Amends GS 7B-905(a) to require the clerk of court to schedule a subsequent hearing when the dispositional order is not entered within 30 days following the hearing to determine the reason for the delay. Directs that the order be entered within 10 days of the subsequent hearing required by this subsection.
Amends GS 7B-908 to require that the court make written findings in its post termination of parental rights' placement court review. Adds to the relevant findings to be addressed whether the current placement is in the juvenile's best interest. Provides that the court after making its findings of fact may choose to affirm the Department's or child-placing agency's plan, or if the juvenile is not being placed with adoptive parents, the court may order a different placement or plan that the court finds to be in the best interest of the juvenile. Deletes the provisions of subsection (f) regarding the selection of adoptive parents. Instead enacts new GS 7B-1112.1 providing for the selection of adoptive parents. Continues to rest the authority for the process of selecting adoptive parents with the Department or licensed child-placing agency; however, provides that after hearing the motion for adoption and considering the recommendations of the agency and the guardian ad litem, the court is to determine whether the proposed adoptive placement is in the child's best interests.
Amends GS 7B-1105(b) to provide that the court may, at its discretion, order the petitioner (was, may appoint a guardian ad litem for the unknown parent) to conduct a diligent search for the unknown parent. Also amends GS
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7B-1106(b)(5) to require the summons issued upon the filing of a petition to terminate parental rights to be mailed by the petitioner (was, the clerk) when the answer is filed or 30 days from the date of service if no answer is filed. Amends GS 7B-1108 to provide that only a district court judge may grant an extension of time in which to answer the petition or respond to the motion. Amends GS 7B-1109(f) to provide that the rules of evidence in civil cases apply to termination of parental rights actions. Amends GS 7B-1110(a) to allow the court to consider hearsay evidence as defined in GS 8C-1, Rule 801, that the court considers relevant, reliable, and necessary to determine the best interests of the juvenile. Additionally provides that the court must make written findings of the listed criteria that the court determines is relevant. Makes conforming changes to GS 7B-1112(1).
Enacts new GS 7B-1114 to provide that if all of the following conditions are met that a juvenile whose parent's rights have been terminated the guardian ad litem, or Department with custody, may file a motion to have the parent's rights reinstated: (1) the juvenile filing the motion is at least 12 years old, or if the juvenile is younger than 12, the motion must allege extraordinary circumstances requiring consideration of the motion; (2) the juvenile does not have a legal parent, is not in an adoptive placement, and is unlikely to be adopted within a reasonable time period; and (3) the order terminating parental rights was entered at least three years before the filing of the motion to reinstate parental rights, unless the court has found or the juvenile's attorney advocate and the Department with custody of the juvenile stipulate that adoption is no longer the juvenile's permanent plan. Provides additional and specific detail as to the filing of the motion to reinstate parental rights, the supporting information required to be submitted, and the factors to be considered by the court in determining whether to dismiss or grant the motion.
Effective October 1, 2011, and applies to actions filed or pending after that date.

Amends GS 161-10(1)(1), which sets out uniform fees of registers of deeds, to increase the fee for registering or filing any instrument to $30 for the first 15 pages plus $5 for each additional page. Adds that a subsequent instrument presented for registration with reference to more than one instrument requiring indexing will cost an additional $25 per reference. Clarifies that a document presented for registration consisting of multiple instruments will cost an additional $10 per instrument. Deletes the provisions of GS 161-10(a)(1a), which lists fees for deeds of trusts and mortgages, and GS 161-10(a)(16), which lists the probate fee.
Repeals GS 161-11.4 (fees for floodplain mapping) and GS 161-11.6 (fees for archival of records).
Amends GS 161-11.5, directing $5 of the fee collected by the register of deeds for registering an instrument to ultimately be remitted to the state treasurer and credited as follows: (1) 50% to the Department of Crime Control and Public Safety for the Floodplain Mapping Fund, (2) 25% to the Department of Cultural Resources to offset the costs of the Archives and Records Management program, and (3) 25% to the General Fund. Current law directs the monies solely to the General Fund. Makes a conforming change.
Applies to instruments registered on and after October 1, 2011.

Amends GS 93A-2 to clarify that the term broker-in-charge under the Real Estate License law means a real estate broker with responsibility for the supervision of brokers on provisional status (rather than real estate salespersons) engaged in real estate brokerage, as specified. Further clarifies that the provisions of the real estate license law do not apply to legal acts or services performed by an attorney who is a member of the NC State Bar, except when finding and introducing parties to a real estate transaction. In the trustee exemption from the real estate license provisions, also requires a written trust agreement, deed of trust, or will to specifically identify the trustee, beneficiary, corpus, and the trustee’s authority. Exempts specified activities related to vacation rental transactions from the license requirement. Makes additional clarifying changes. Makes conforming changes to GS 93A-11(a).
Makes a clarifying change to GS 93A-3(e), which allows the NC Real Estate Commission (Commission) to receive assistance from the Attorney General.
Amends GS 93A-4(a1) to provide that a provisional broker’s license will be placed on inactive status (rather than cancelled) if the broker fails to complete all required education in the time period allowed. Deletes provision for reinstatement and instead provides that the license will not be declared active until all Commission requirements are met. Includes additional details for reinstatement. Makes clarifying changes to GS 93A-4(b), concerning applicant’s possession of good moral character and general fitness, and adds that specified reports on the applicant will not be public record. Makes other clarifying changes. Authorizes the Commission to adopt rules, as necessary.
Makes a clarifying change to GS 93A-4.1(c). Deletes the provisions of GS 93A-5(c) and instead directs the Commission to file reports annually as required under GS 93B-2. Makes a conforming change to the section heading.
Amends GS 93A-6(a) to allow the Commission to discipline a licensee if the person failed, at the time the sales transaction is consummated, to deliver to the broker’s client a detailed and accurate closing statement showing the receipt and disbursement of all monies relating to the transaction about which the broker knows or reasonably should know. Allows a broker to rely on a closing statement prepared by an attorney or lawful settlement agent, after the broker reviews for accuracy. Makes other clarifying and conforming changes.
Amends GS 93A-6(b) to allow the Commission to discipline a licensee without a hearing for reasons listed in that subsection. Allows discipline if the licensee, who is also a member of another licensed profession or occupation, has been disciplined for committing fraud, theft, misrepresentation, breach of trust, or willful or negligent malpractice. Expands the list of applicable misdemeanors and felonies that would reasonably affect the licensee’s performance in the real estate business. Enacts new GS 93A-6(g) to require a broker’s trust or escrow account to be a demand deposit account in a federal insured depository institution; makes a conforming change to GS 93A-54(a)(9), effective when the act becomes law. Makes other clarifying and technical changes.
Amends GS 93A-6.1(b), directing the Commission to send a copy of any issued subpoena to the licensee’s address of record by regular mail (deletes requirement for subpoena and notice provided by service of process or certified mail).
Deletes provisions of GS 93A-9(a) and instead authorizes the Commission to issue a broker license to an applicant licensed in a foreign jurisdiction who satisfies licensure requirements. Authorizes the Commission to adopt rules, as necessary.
Rewrites the title of Article 2 of GS Chapter 93A to read Real Estate Education and Recovery Fund, and makes a conforming change to the phrase throughout the Article. Authorizes the Commission to expend money from the fund to educate licensees and the public, provided such expenditures do not result in a fund balance below $200,000. Increases the monetary limitations placed on liability payments from the fund. Makes other conforming and clarifying changes.
Makes clarifying changes to GS 93A-35(b) and 93A-41(9). Amends GS 93A-42, adding that an instrument concerning a time share which burdens or pertains to no real property located in North Carolina will not be recorded in the register of deeds office. Makes conforming changes. Deletes provisions of GS 93A-53(c) and instead directs the Commission to include a copy of the roster of time share projects current on the preceding June 30 and a statement of the income received by the Commission for time share project registration during the fiscal year ending June 30 with the report required under GS 93B-2.
Effective January 1, 2012, unless otherwise indicated.

As title indicates, provides that 32 specified rules adopted by the Environmental Management Commission on November 18, 2010, and approved by the Rules Review Commission on December 16, 2010, will not become effective.

Repeals the following statutes, as the title indicates: GS 14-402 through GS 14-406.1, GS 14-407.1, and GS 14-408. Effective December 1, 2011.

Amends GS 20-140.4, as title indicates, by limiting the requirement that a person wear a helmet to motorcycle or moped operators and passengers under 18 years of age, when the vehicle is operated on a public street, highway, or public vehicular area.

Authorizes all state agencies, departments, and institutions to allow voluntary flexible work schedules, for the fiscal biennium ending June 30, 2013, for permanent state employees, including allowing thirty hour workweeks. Specifies that the budgeted salary for an employee on a flexible schedule remains the same, but the employee’s pay will be reduced pro rata based on hours worked, with salary savings reverted to the funding source. Allows the State Personnel Commission to assist with the implementation of the flexible schedules.