Bill Summary for H 947 (2011-2012)

Summary date: 

May 16 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 947 (Public) Filed Wednesday, May 16, 2012
TO PROVIDE MONETARY COMPENSATION TO PERSONS ASEXUALIZED OR STERILIZED UNDER THE AUTHORITY OF THE EUGENICS BOARD OF NORTH CAROLINA.
Intro. by Womble, Tillis, Parmon, Stam.

View: All Summaries for BillTracking:

Bill 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.

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view