Bill Summary for H 947 (2011-2012)
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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.
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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.