House amendment makes the following changes to 3rd edition.
Amends the definition of a qualified recipient to mean any individual who was asexualized or sterilized by authority of the Eugenics Board of NC, and who was living on May 16, 2012 (was, on March 1, 2010). Permits a claim filed by the personal representative of an individual who died on or after May 16, 2012 (was, March 1, 2010).
Summary date: Jun 5 2012 - View summary
House committee substitute makes the following changes to 1st edition.
Amends proposed Part 30, Eugenics Asexualization and Sterilization Compensation Program, to clarify that the $50,000 compensation paid to qualified recipients will be lump-sum. Adds that Industrial Commission decisions that are favorable to the claimant are final and not subject to appeal by the state. Makes amendment to GS 105-134.6(b), which makes the compensation payment tax deductible, effective for taxes imposed in tax years beginning on or after January 1, 2012 (was, effective July 1, 2012). Modifies various fund distributions to provide that the funds are coming from funds appropriated to the Eugenics Reserve Fund. Makes additional clarifying changes.
House committee substitute makes the following changes to 2nd edition. Provides that the provisions in GS 132-1.23, concerning the protection of confidential and identifying information, expires June 30, 2016.
Summary date: May 16 2012 - View summary
Adds new Part 30, Eugenics Asexualization and Sterilization Compensation Program, to Article 9 in GS Chapter 143B, to give $50,000 in compensation to every qualified recipient. Defines qualified recipient as an individual asexualized or sterilized by the Eugenics Board of NC, who was living on March 1, 2010. Allows individuals to submit a claim for compensation on or before December 31, 2015, and authorizes a personal representative to submit a claim for an individual who died on or after March 1, 2010. Sets out the procedure for the NC Industrial Commission to determine whether individuals are qualified recipients, and provides the right to appeal. Directs the Industrial Commission to use $184,000 of 2012-13 appropriated funds to administer this provision. Creates the Office of Justice for Sterilization Victims in the Department of Administration (DOA) to assist individuals who may be qualified recipients, and directs DOA to use $654,000 of 2012-13 appropriated funds to cover expenses.
Makes all records received or submitted under Part 30 confidential. Makes conforming changes to GS 132-1.23, and allows release of minutes or reports from the Eugenics Board if identifying information is redacted. Exempts payments of compensation from income taxation, and specifies that the payments are not considered income or assets for purposes of determining eligibility for public assistance. Makes conforming changes to GS 105-134.6(b), and by enacting GS 108A-26.1. Prohibits the extension of any statute of limitations that expired before July 1, 2012, and limits the state’s liability to the compensation amount.
Establishes the Eugenics Sterilization Compensation Fund in the Office of the State Treasurer to pay the compensation under Part 30, and directs the Office to use $10 million in 2012-13 appropriated funds. Effective when the act becomes law, directs the Department of Health and Human Services to submit specified state plan amendments to the Centers for Medicare and Medicaid Services, by July 1, 2012, to allow for income disregard of the compensation payments. Directs the Department of Cultural Resources to electronically scan and index records and minutes of the Eugenics Board, and requires DOA to create an electronic database of the information. Directs the Department of Cultural Resources to use $57,000 and directs DOA to use $155,000 from 2012-13 appropriated funds for these projects.
Effective July 1, 2012, unless otherwise indicated.