SB 409 — Various Changes to Criminal and Civil Laws.

(1) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds one thousand five hundred dollars Senate Bill 409-Second Edition Page 3 General Assembly Of North Carolina Session 2023 ($1,500), then the aggregated offenses shall be punished as one Class H felony.

(2) If the aggregated value of the money, goods, property, services, chose in action, orotherthingofvalueexceeds twentythousand dollars($20,000),then the aggregated offense shall be punished as one Class G felony.

(3) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds fifty thousand dollars ($50,000), then the aggregated offenses shall be punished as one Class F felony.

(4) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds one hundred thousand dollars ($100,000), then the aggregated offense shall be punished as one Class C felony." SECTION 4.

G.S.

8C-1, Rule 803, reads as rewritten:

"Rule 803.

Hearsay exceptions;

availability of declarant immaterial.

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

… (6) Records of Regularly Conducted Activity.

– A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if (i) kept in the course of a regularly conducted business activity and (ii) it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by affidavit or by document under seal under Rule 902 of the Rules of Evidence made by the custodian or witness, or by a certification that complies with 28 U.S.C.

§ 1746 made by the custodian or witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.

Authentication of evidence by affidavit shall be confined to the records of nonparties, and the proponent of that evidence shall give advance notice to all other parties of intent to offer the evidence with authentication by affidavit.

The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

…." SECTION 5.(a) G.S.

115C-81.45 is amended by adding a new subsection to read:

"(e) Civic Youth Group Presentations.

– (1) The following definitions apply in this subsection:

a.

Civic focus week.

– Either of the following:

1.

The week of Patriot's Day, September 11, as established by 36 U.S.C.

§ 144.

2.

The week of Constitution Day, September 17, as established by 36 U.S.C.

§ 106.

b.

Civic youth group.

– One of the following youth membership organizations located in North Carolina whose purpose includes the promotion of civic and citizenship education as required by the standard course of study among elementary, middle, and high school students:

1.

Big Brothers Big Sisters of America.

2.

Boy Scouts of America.

3.

Boys and Girls Clubs of America.

Page 4 Senate Bill 409-Second Edition General Assembly Of North Carolina Session 2023 4.

Future Farmers of America.

5.

Girl Scouts of the United States of America.

(2) Local boards of education shall provide opportunities in each school within the local school administrative unit for civic youth groups to address students during a civic focus week that allow those groups to address how involvement can further students' educational interests and civic participation to improve their schools, communities, and themselves.

(3) A civic youth group must provide 30 days written notice to the principal of a school of the group's interest in addressing students during a civic focus week.

The principal shall provide written approval indicating the specific date and time during the civic focus week for the civic youth group to address the students and the location where the address may occur.

The civic youth group shall be provided at least 10 minutes during the instructional day to address students.

(4) The principal of each school may designate a single event to observe a civic focus week when all civic youth groups may address students, with time allocated equally among the requesting civic youth groups.

For an event designated under this subdivision, a principal is not required to:

a.

Allocate more than 50 minutes to the event.

b.

Allow a civic youth group to speak more than once each school year." SECTION 5.(b) G.S.

115C-218.75 is amended by adding a new subsection to read:

"(n) Charter schools shall provide opportunities for civic youth groups to address students during a civic focus week in accordance with the provisions of G.S.

115C-81.45(e)." SECTION 5.(c) G.S.

115C-238.66 is amended by adding a new subdivision to read:

"(22) Civic youth groups.

– Regional schools shall provide opportunities for civic youth groups to address students duringa civic focus week in accordance with the provisions of G.S.

115C-81.45(e)." SECTION 5.(d) G.S.

116-239.8(b) is amended by adding a new subdivision to read:

"(25) Civic youth groups.

– Laboratory schools shall provide opportunities for civic youth groups to address students duringa civic focus week in accordance with the provisions of G.S.

115C-81.45(e)." SECTION 5.(e) This section is effective when it becomes law and applies beginning with the 2024-2025 school year.

SECTION 6.

Part 1 of Article 9 of Chapter 160D of the General Statutes is amended by adding a new section to read:

"§ 160D-912.1.

On-premises advertisements.

(a) As used in this section, the following definitions apply:

(1) Nonconforming sign.

– An on-premises advertisement that was lawfully installed but which does not comply with current ordinances or regulations.

(2) On-premises advertisement.

– A sign identifying or advertising a business, person, activity, goods, products, or services located on the premises where the sign is installed and maintained.

(b) A local government may not enact or amend an ordinance of general applicability to require the owner of a nonconforming sign to bring the sign into compliance with current regulations without doing one of the following:

(1) Payingmonetarycompensationtotheownerofthenonconformingsign.Upon payment of monetary compensation for the sign, the local government shall own the sign and remove it at a time mutually agreed upon by the owner of the sign and the local government.

(2) Reimburse the owner an amount equal to the difference of the fair market value of the nonconforming sign and the reasonable cost to bring the sign into Senate Bill 409-Second Edition Page 5 General Assembly Of North Carolina Session 2023 compliance.

Upon being reimbursed, the owner of the nonconforming sign shall bring the sign into compliance with the current regulations in a timely manner.

(c) Monetary compensation is the fair market value of the nonconforming sign in place immediately prior to its removal and without consideration of the effect of the ordinance or any diminution in value caused bythe ordinance requiring its removal.

Monetary compensation shall be determined using the factors listed in G.S.

105-317.1(a).

(d) Monetary compensation or reimbursement is not required under this section for any of the following:

(1) The local government and the owner of the nonconforming sign enter into a voluntary agreement allowing for the removal of the sign after a set period of time in lieu of monetary compensation.

A local government may adopt an ordinance or resolution providing for a relocation, reconstruction, or removal agreement.

(2) The nonconforming sign is determined to be a public nuisance or detrimental to the health or safety of the populace.

(3) The removal of the nonconforming sign is required for opening, widening, extending, or improving streets or sidewalks, or for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S.

160A-311, and the local government allows the nonconforming sign to be relocated to a comparable location.

(4) Thenonconformingsign issubjecttoremovalpursuanttostatutes,ordinances, or regulations generally applicable to the demolition or removal of damaged structures.

(e) If the local government and the owner of the nonconforming sign are unable to agree on the monetary compensation or reimbursement, then the local government may bring an action in superior court for a determination of the monetary compensation or reimbursement to be paid.

In determiningmonetarycompensation,thecourtshall considerthefactorsset forth in subsection (c) of this section.

(f) The provisions of this section shall not be used to interpret, construe, alter, or otherwise modify the exercise of the power of eminent domain by an entity pursuant to Chapter 40A of the General Statutes." SECTION 7.

Sections 1 through 3 of this act become effective December 1, 2023, and apply to offenses committed on or after that date.

Section 4 of this act becomes effective December 1, 2023.

Except as otherwise provided, the remainder of this act is effective when it becomes law.

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