Senate committee substitute makes the following changes to 1st edition.
Amends GS 115C-288(g) to require school principals to report certain acts to law enforcement when the principal has person knowledge, a reasonable belief, or actual notice (was a reasonable belief only) from school personnel that a covered act occurred on school property. Deletes explanation of reasonable belief and instead states that a principal who willfully fails to report to law enforcement may be subject to demotion or dismissal under GS 115C-325. Makes a clarifying change.

Senate committee substitute makes the following changes to 1st edition. Clarifies that the act applies to business contracts entered into on or after the October 1, 2011, effective date.

Creates the North Carolina Public Health Authority, with administrative direction over the Division of Public Health and the Institute for Public Improvement. Abolishes all programs in the Division of Public Health in the Department of Health and Human Services except the following four programs, to be administered by the State Health Director: (1) State Lab, (2) Vital Records, (3) Medical Examiner, and (4) Public Health Emergency Response. Transfers all functions, powers, duties, and obligations previously vested in the Division of Environmental Health in the Department of Environment and Natural Resources to the Division of Public Health, as a Type I transfer.
Enacts new Article 1C, State Public Health Authority, in GS Chapter 130A to create the State Public Health Authority (Authority) as a state agency to perform essential governmental and public functions under supervision of the Authority Board. Creates a 13- member Authority Board (Board) to govern the Authority, with membership as specified. Specifies that each appointing authority will appoint members who reside in one of the four regional public health authorities in the state. Details additional membership provisions, including terms, removal, ethics, compensation, and the Board’s duty to adopt bylaws. Enumerates 17 powers and duties of the Authority Board, including the power to construct and maintain public health facilities, and the power to adopt and enforce a professional reimbursement policy, as detailed.
Provides that the Authority has the power to establish and operate health care networks, and may contract with other public health authorities or local health departments to provide public health services, provided that the Authority complies with the Health Maintenance Organization Act (Article 67 of GS Chapter 58) as required, for the purposes of this provision.
Permits the Authority to lease any public health facility to a nonprofit association or to any corporation authorized to do business in the state, as specified. Prohibits the Authority from selling or conveying any rights in any public health facility to any corporation or business entity operated for profit, except when the Authority sells surplus buildings, land, or equipment. Permits the Authority to purchase insurance, and specifies that the purchase waives the Authority’s governmental immunity, to the extent of the coverage, for any act or omission that occurs in the exercise of a governmental function. Sets forth additional provisions related to insurance and governmental immunity.
Specifies that the Institute for Public Health Improvement executive director is an employee of the Authority Board, to perform public health duties under the Board’s supervision, and with five specified powers and duties.
Enacts new GS 130A-46 to establish the Institute for Public Health Improvement (Institute), tasked with administering all state and federal public health appropriations and grants, and providing public health administration through four regional authorities. Establishes four regional public health authorities, located in Asheville, Kannapolis, Greenville, and Wilmington, to administer public health services in N.C. Describes the coverage areas for each respective regional authority. Authorizes a county to select a regional public health authority to serve as the public health department for the county.
Directs the Office of State Budget and Management to transfer any funds appropriated to the Department of Health and Human Services for 2011-12 or 2012-13 for public health programs abolished by this act, to the Authority for allocation to the Institute. Specifies that only health departments accredited by the Local Health Department Accreditation Board or operating as a regional public health authority are eligible to receive state or federal funds as pass-through grants administered by the state and local agencies, unless otherwise provided by federal law.
Effective July 1, 2011.

Adds new Article 34, North Carolina Progress Board, to GS Chapter 116. Establishes the North Carolina Progress Board (Board) located administratively in the Board of Governors of the University of North Carolina and housed at North Carolina State University (NCSU). Provides that the Board is to exercise all of its prescribed statutory powers independently of the Board of Governors. Provides for 14 members as follows: (1) the Governor, ex officio, and chair of the Board; (2) seven appointees by the Governor, none of whom may be state employees or officers; (3) three appointees by the Speaker of the House of Representatives; and (4) three appointees by the President Pro Tempore of the Senate. Directs the Governor to appoint a vice-chair from among the Board members and authorizes the Board to elect additional officers as it sees fit.
Requires the Board to meet at minimum twice annually. Designates that a quorum consists of eight members and prohibits members from sending designees to Board meetings and voting by proxy.
Provides for terms of service on the Board, with initial appointments to begin on July 1, 2011. Prohibits appointing a member to more than two consecutive terms. Provides additional guidelines regarding the terms of service for members of the House or Senate who may be appointed to the Board.
Provides that the Commission for a Competitive North Carolina (Commission) adopted a report which established major goals and ways to measure progress towards the goals. Asserts that the General Assembly notes that the Commission has developed goals in the following categories: (1) Healthy Children and Families (2) Quality Education for All (3) A High Performance Workforce (4) A Prosperous Economy (5) A Sustainable Environment (6) Technology and Infrastructure Development (7) Safe and Vibrant Communities and (8) Active Citizenship/ Accountable Government. Also notes that the General Assembly finds that the Board developed a report that focused on four of the Commission’s recommended topics and issued 16 major targets for 2010 with the objectives of driving the state toward (1) a more expansive vision of education and environmental protection, (2) strengthening families, and (3) bringing more people into the economic mainstream. Provides additional findings regarding North Carolina’s economy of the future.
Provides the duties and responsibilities of the Board which include (1) encouraging the discussion and understanding of critical global and national social and economic trends that affect the state in the future, (2) examining the Commission’s report and the Board’s 1997 report; (3) tracking the eight issue areas identified by the Commission; (4) providing opportunities for public participation and making periodic reports to the people of the state on the Board’s progress in meeting goals, targets, and milestones; (5) submitting a report to North Carolinians every five years, beginning 2012, that updates the 20- to 30- year vision for the state; and (6) reporting to the General Assembly prior to its convening the regular session in every odd-numbered year on social and economic trends and issues specific targets and milestones to accomplish its mission.
Authorizes the Board to apply for and accept grants or gifts. Provides that the 2011 and 2013 Regular Sessions of the General Assembly are to further define the mission of the Board in continuing its work.
Directs the Chancellor of NCSU to appoint an Executive Director (ED) who is to report to the Board and the Chancellor. Provides that the ED may hire or contract for support staff. Directs the Office of State Budget and Management and other Executive Branch agencies to also provide support, information, reports, and other assistance to the Board as requested.
Effective July 1, 2011.

Establishes the 14- member Joint Legislative Study Commission on the Modernization of North Carolina Banking Laws (Commission) to determine whether and to what extent to update the state’s banking laws. Provides for the Commission’s membership, filling of vacancies, compensation, and staffing. Allows the Commissioner of Banks to use up to $25,000 of the funds available to the State Banking Commission for 2011-12 to fund the study. Requires the Commission to report to the 2012 Regular Session. Provides that the Commission terminates on the earlier of May 1, 2012, or the filing of the Commission’s report.

Identical to H 663, filed 4/6/11.

Amends GS 95-36.1, clarifying that the Department of Labor (Department) must use the most current data available from its own database and from other sources, including state and federal departments and other governmental entities, to identify an employer for a special emphasis inspection. Adds a list of four specified items to be included in the written report on the impact of the special emphasis inspection program.
Amends GS 95-223 (definitions applicable to the Migrant Housing Act), clarifying that migrant means an individual employed in agricultural employment and his dependents (deletes conditional language). Clarifies the definition for operator to mean any person who owns or controls migrant housing and any person who contracts with or employs an operator to provide him or her with migrants to perform agricultural employment. Adds definitions for reasonable cost and retaliatory action and makes other clarifying changes. Amends GS 95-224(a)(1), clarifying that the Migrant Housing Act applies to all operators and migrants except any operator who owns housing, regularly provides housing on a commercial basis to the general public, and provides housing to migrants of the same character and on the same or comparable terms and conditions as housing provided to the general public if more than 50% of the tenants are not migrants or their dependents.
Amends GS 95-225 (standards and interpretations), adding that charges for migrant housing will not exceed reasonable cost, and the employer has the burden of providing reasonable cost through records or other credible evidence. Also adds that no migrant will be charged for heat or fuel for heat. Makes additional clarifying changes and adds standards applicable to migrant housing related to kitchen facilities, food preparation facilities, telephones, toilets, washing machines and dryers, locks, sleeping quarters, showers, and receiving visitors. Specifies that operators are responsible for all maintenance of the migrant housing unit and surrounding grounds. Amends GS 95-227 (enforcement of the Migrant Housing Act), clarifying that the Department must maintain a list of operators and the physical address of their migrant housing units, the total number of migrant housing units held by each operator, and a summary of complaints filed against each operator annually. Requires the Department to make a summary of inspections filed annually available to the general public within 15 days of request. Directs the Department to implement procedures to identify and prosecute the most serious violators of the Migrant Housing Act, and to maximize the efforts of personnel implementing the Act, as detailed. Specifies that the provisions of the Migrant Housing Act should be performed by Department employees who, to the extent feasible, are bilingual in English and Spanish. Also specifies that any right or obligation under the Migrant Housing Act is enforceable by civil action, in addition to other remedies at law and in equity. Makes other clarifying changes. Enacts new GS 95-227.1, prohibiting an owner from taking retaliatory action against a migrant because of the migrant's good faith attempt to exercise, secure, or enforce any rights or protections under the Migrant Housing Act or other law. Specifies that any right or obligation under the Migrant Housing Act is enforceable by civil action, in addition to other remedies at law and in equity. Makes a conforming change to GS 95-241(a)(1) to prohibit discrimination or retaliatory action against an employee with respect to the Migrant Housing Act.
Amends GS 143-460 (definitions applicable to the NC Pesticide Law), adding definitions for employee and employer. Amends GS 143-466 to direct the NC Pesticide Board (Board) to adopt rules requiring recording of the date, time, and field location of worker reentry to the treated area after pesticide application. Further permits any employee or any representative of an employee who suspects that a violation of the Pesticide Law is occurring in any workplace where the employee is employed to request inspection of the workplace by notifying the Board or designated inspectors. Clarifies that employee names referred to in the notice of violation will not appear in any record published, released, or made available. Provides additional details regarding interviews, enforcement hearings, and statements relating to the violation. Amends GS 143-469, adding that a civil penalty not more than $20,000 per violation may be assessed if the Board finds a serious violation of the Pesticide Law, and the Board may assess an additional penalty of up to $100,000 for any violation that causes serious damage to the environment, serious injury to property, or serious injury to, or death of, any person. Permits the Board to use discretion when issuing fines. Makes conforming changes. Removes provision detailing penalties for pesticide applicators.
Enacts new GS 95-275, adopting specified federal standards. States that employees must be provided prompt access to toilet facilities. Enacts new GS 95-276, directing the Department to adopt rules to prevent heat illness, as defined, in agricultural workers, as detailed.

Identical to H 814, filed 4/6/11.

Adds to GS 24-1.1A(c) a definition of discount points that includes fees paid by or on behalf of a borrower to certain federal agencies and entities levied by such agencies or entities to compensate for increased risks and costs relating to the mortgage loan. Adds to GS 24-1.1E(a)(5) to define "points and fees" to exclude certain fees paid by or on behalf of a borrower to certain federal agencies. Amends GS 24-1.1E(a)(6) to exclude from the definition of "discount points" as used in that sub-subdivision the fees that the act adds to the definition of "discount points" in GS 24-1.1A(c). Amends GS 53-244.101 to prohibit the Insurance Commissioner from refusing to renew a loan originator's license based on the loan originator's credit score at the time of the renewal. Amends GS 53-244.103(b) to reduce the minimum surety bonds required of mortgage brokers generally from $75,000 to $50,000, from $125,000 to $75,000 for brokers with annual business between $10 million and $50 million, and from $250,000 to $100,000 for brokers with annual business greater than $50 million. Reduces minimum surety bonds required of mortgage lenders and servicers generally from $150,000 to $75,000, from $250,000 to $125,000 for lenders and servicers with annual business of between $10 million and $50 million, and from $500,000 to $200,000 for lenders and services with annual business of more than $50 million. Amends GS 53-244.115(b) to require the Insurance Commissioner to notify parties subject to a complaint examination when the examination is complete and to initiate any disciplinary actions within 12 months of the date of the notice. Effective October 1, 2011.

Enacts new GS 113A-65.2, allowing a person to request remission of a civil penalty imposed under GS 113A-64 by filing a request with the NC Sedimentation Control Commission (Commission) within 60 days after receiving notice of the assessment. Requires the person also include a waiver of the right to a contested case hearing under the Administrative Procedure Act and a stipulation of the facts on which the assessment was based. States that the Commission must consider six specified factors to determine whether to approve a remission request. Places the burden to show the financial impact of the civil penalty and financial hardship on the petitioner. Permits the Commission to remit the entire penalty only when the petitioner has not been assessed civil penalties for previous violations and payment will prevent payment for necessary remedial actions. Prohibits the Commission from imposing a penalty in excess of the penalty imposed by the Department of Environment and Natural Resources (DENR). Makes a conforming change to GS 113A-54, allowing the Commission to make the final decision on a remission request.
Amends GS 113A-64(a)(1), which provides for civil penalties for violations of the Sedimentation Pollution Control Act, stating that the maximum cumulative total civil penalty assessed for all violations associated with the land-disturbing activity is $25,000 when the person has not previously been assessed a civil penalty under the subsection and the person halted continuing environmental damage within 180 days of the date of notice. Amends GS 113A-64(a)(2), directing the Secretary of DENR or the responsible local government to also inform the person assessed the civil penalty of the option to request remission of the penalty, and applicable deadlines to request remission or halt continuing environmental damage.
Amends GS 113A-61.1(c), which provides for notice of violation of erosion and sedimentation control programs, to direct the approving authority to deliver the notice of violation in person and offer assistance in developing corrective measures, when the person engaged in the land-disturbing activity has not received a previous notice of violation under the statute. Details the procedure for delivering notice if the approving authority fails to deliver in person within 15 days.
Applies to civil penalties paid on or after the date the act becomes law.

Adds a new subsection (c2) to GS 143-214.7 for the purpose as the title indicates. Requires a finding by the Department of Environment and Natural Resources that the stormwater best management practice is in substantial compliance with the stormwater permit issued to the declarant as a condition of the transfer of the permit. Provides criteria to determine when declarant control is deemed to have terminated.

As title indicates.