House committee substitute makes the following changes to 1st edition.
Amends GS 135-43.3 to provide that the General Assembly may use Legislative Services Office employees and may employ contractual services to monitor the Executive Administrator and Board of Trustees, the Claims Processor, and the State Health Plan for Teachers and State Employees (Plan). Makes conforming change.
Makes conforming changes to GS 135-43.3, 135-44.2(c) and (e), 135-44.4(31), 135-44.6(a), 135-45.7, 135-45.10(d), 135-45.11, and 135-45.13(b) consistent with the transfer of the Plan to the Department of the State Treasurer.

Identical to S 164, filed 3/1/11.

Amends GS 105-275 by adding a new subdivision (7a) excluding from the tax base real and personal property that (1) is a contiguous tract of land previously used primarily for commercial or industrial purposes and has been damaged by fire or explosion, (2) has been donated to a nonprofit corporation, as defined, and (3) has not been leased or sold by that nonprofit corporation. Effective for taxable years beginning on or after July 1, 2011, and expires for taxable years beginning on or after July 1, 2016.

Amends GS 143-138(b4) (pertaining to exemptions from the NC State Building Code) to provide as title indicates.

As title indicates. Directs the Program Evaluation Division to submit findings and recommendations to specified Legislative entities at a date to be determined by the Joint Legislative Program Evaluation Oversight Committee.

Amends GS 14-208.7(b) to require that a sex offender’s registration also include the person’s name at the time of conviction, any alias the person used at the time of conviction, and the person’s name as it appears on the judgment imposing the sentence for the conviction.
Enacts new GS 14-208.9(f) to direct a registered sex offender to report any name change, within 10 days, to the applicable sheriff. Makes a conforming change.
Enacts new GS 14-208.9A(a)(3)(c) to require a sex offender to verify with the county registry whether the person still uses or intends to use the registered name, as last reported to the sheriff. If the registrant has a new or different name, then the person must provide that name to the sheriff.
Enacts new GS 14-208.14(a)(4a) to direct the Division of Criminal Statistics to maintain the statewide registry for public access and ensure that a registrant’s full name, any aliases, and any legal name change are cross-referenced and discoverable. Makes a conforming change to GS 14-208.14(a)(3).
The above provisions are effective December 1, 2011, and apply to sex offenders whose registration occurs on or after that date, and to sex offenders registered before December 1, 2011, who continue to be registered on that date. However, any sex offender registered before December 1, 2011, and continuing to be registered on that date will not be in violation of the proposed requirements regarding the registrant’s name, provided the registrant provides the required information on the first verification date that occurs on or after December 1, 2011.
Amends GS 14-208.12A(a) to direct a person petitioning the superior court to terminate the 30-year registration requirement to file in the district where the person was convicted, if the conviction is for an offense that occurred in North Carolina. Directs the person to file in the district where the registrant resides, if the conviction is for an out-of-state offense, and sets forth additional petition requirements. Effective December 1, 2011, and applies to petitions filed on or after that date.
Amends GS 101-5 to prohibit a clerk of court from allowing a registered sex offender to obtain a name change.
Appropriates $10,000 for 2011-12 from the General Fund to the Department of Justice to repair the computer system and software supporting the statewide registry in the Division of Criminal Statistics. Effective July 1, 2011.

As title indicates.

Public policy issue. Enacts new Article 3A of GS Chapter 95, to be cited as the Healthy Families and Healthy Workplaces Act (HFHW Act). Denotes that state public policy in promoting the general welfare of the people of North Carolina requires the enactment of new Article 3A under the police power of the state.
Definitions. Provides definitions for the following terms as used in the HFHW Act: (1) child, (2) domestic violence, (3) employee, (4) employ, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) parent, (10) paid sick time or paid sick days, (11) sexual assault, (12) stalking, and (13) small business.
Exemptions. Provides that the proposed HFHW Act does not apply to (1) bona fide volunteers in an organization where an employer-employee relationship does not exist or (2) any person who is exempt from the Wage and Hour Act under GS 95-25.14(a)(2) through (8), GS 95-25.14(b), GS 95-25.14 (b1), GS 95-25.14(c), and GS 95-25.14(e). Makes an exception regarding domestic workers, providing that they are exempt only if they are employed in the place of residence of their employer.
Paid sick time accrual. Provides that paid sick time begins to accrue at the start of employment at a rate of one hour of paid sick time for every 30 hours worked. Provides additional guidelines regarding discretionary advancement of sick time by the employer, limits on the amount of paid sick time accrued, and the accrual of paid sick time when there is a separation of employment followed by a rehiring by the same employer. Provides that with the exception of the specified exemptions to the proposed HFHW Act, any employee who works in North Carolina and who must be absent from work for the reasons delineated in proposed new GS 95-31.5(a) is entitled to paid sick time.
Use of paid sick time. Directs that paid sick time is to be provided by an employer to an employee who meets any of the following reasons listed in proposed new GS 95-31.5: (1) to care for a member of the employee's immediate family suffering from health issues or to care for the employee's own health, unless the care is covered under the federal Family and Medical Leave Act of 1993, as amended, or (2) to allow an employee to address the psychological, physical, or legal effects on himself or herself or an immediate family member of domestic violence, sexual assault, or stalking.
Permits the employer to require certification of the qualifying health issue or event when a paid sick time period covers more than three consecutive work days. Provides guidelines for determining what may be deemed acceptable certification.
Provides that an employer may not require certification from a health care provider that is employed by the employer. Prohibits an employer from requiring the disclosure of details relating to domestic violence, sexual assault, stalking, or an employee's medical condition as a condition of providing paid sick time to an employee. Directs an employer to treat as confidential any information that the employer acquires about the employee or the employee's immediate family regarding domestic violence, sexual assault, stalking, or health conditions. Prohibits the employer from requiring an employee to secure a replacement worker as a condition of providing sick time under the proposed HFHW Act.
Directs the employee to make a good faith effort, when the use of sick time is foreseeable, to provide the employer with advance notice.
States that this act provides minimum requirements regarding paid sick time and should not be construed to limit, preempt, or otherwise affect other applicability of law, regulation, or policy that extends additional or greater protections to employees, nor should this proposed act be construed to discourage employers from adopting more generous paid sick time policies.
Provides that employers already offering a paid sick time policy do not have to modify that policy providing that the paid sick time policy currently in place offers an employee, at his or her discretion, the option to take paid sick time that is equivalent to the amount and for the same purposes offered under the proposed HFHW Act.
Notification, posting, and records. Requires employers to provide notice to employees, in Spanish and English, of their entitlement to paid sick time as well as other related information. Notice may be provided by supplying each employee with a notice in Spanish and English or by conspicuously displaying a poster in the place of employment in both languages. Prohibits employers from retaliating against employees who request or use paid sick time. Provides that an employee has a right to file a complaint with the Commissioner of Labor (Commissioner) or in the General Court of Justice if an employer (1) denies an employee paid sick time or (2) retaliates against an employee for requesting or taking paid sick time.
Enforcement. Authorizes the Commissioner to enforce and administer the provisions of the proposed HFHW Act. Provides criteria regarding employer's liability for a violation under the proposed HFHW Act, including provisions for the potential awarding of liquidated damages for a violation of the act. Directs that actions under the proposed HFHW Act must be brought within two years pursuant to GS 1-53. Also provides that the rights and remedies created under the HFHW Act are supplementary to all existing common law and statutory rights and remedies. Directs the Commissioner to adopt rules to implement the proposed act.
Provides that the provisions of the proposed act are severable.
Makes conforming changes to GS 95-241(a).
Contains a number of whereas clauses.
Effective January 1, 2012, and applies only to covered employment on or after that date and does not apply to any collective bargaining agreement entered into before January 1, 2012, that is still in effect on that date.

Enacts new GS 14-306.4A making it unlawful for a sweepstakes sponsor or promoter, or any partner, affiliate, subsidiary, or contractor, to own, lease, or otherwise possess an electronic machine or device for use by sweepstakes’ entrants. Also prohibits any mechanism that seeks to avoid, through subterfuge or pretense, application of the law. Defines electronic machine or device, enter or entry, prize, and sweepstakes. Provides that nothing in the statute makes illegal any lawfully conducted activity on Indian lands. Makes the first offense of the statute a Class 2 misdemeanor, the second offense a Class H felony, and the third and any subsequent offense a Class G felony. Makes the possession of five or more machines a Class G felony. Makes each violation of the statute a separate offense. Clarifies that it is unlawful to provide an electronic machine or device for a sweepstakes entrant’s use; however, a sweepstakes promoter may use the machine or device for other purposes. Provides that a violation of GS 14-306.4A is a lesser included offense of GS 14-306.4, and does not repeal or affect the provisions of the latter.
Makes a conforming change to GS 14-309. Includes whereas clauses. Effective July 1, 2011, and applies to offenses committed on or after that date.

Enacts new GS Chapter 18D, the Video Lottery Entertainment Act. Defines a video lottery game as a game of chance, approved by the North Carolina State Lottery Commission (Commission) as defined in GS 18C-103(3), which is displayed and played on a licensed video terminal. Defines a video lottery terminal (terminal) as any electronic computerized video game machine under the authority of the Commission, that upon accepting cash, a club card, or other form of lottery prize or promotional credit is available to play a video lottery game, and uses a video display and microprocessors to receive, by chance, free games or credits that can be redeemed for cash. Provides that such terminals are exempt under GS 14-306.1A (regarding types of machines prohibited by law) and that the term “terminal” does not include a machine that directly dispenses coins, cash, or tokens. Provides definitions for additional terms as they apply in the proposed chapter.
Authorizes the Commission to make rules governing the operation of video lottery terminals and games, which include, but are not limited to, determining licensure requirements for video lottery retailers, operators, and manufacturers; the type and number of video lottery terminals to be approved for each permit; the type of video lottery games to be conducted; the limit amount for each wager; and the process for claiming prizes. Also authorizes the Commission to enter into an agreement with the Alcohol Law Enforcement Division of the Department of Crime Control and Public Safety to conduct background investigations of applicants and licensees to ensure compliance with this proposed chapter.
Directs the Commission to determine the allocation of net income from video gaming machines and procedures for the monitoring, collection, and distribution of income from the terminals, provided that no less than 46% of the total annual revenues will be transferred to the North Carolina State Lottery Fund (Fund), and no more than 8% of the total annual revenues will be allocated for the Commission’s administrative expenses. Provides that if the expenses of the Commission are less than 8% of total annual revenues that the surplus is to be allocated to the Fund.
Prohibits local governments from enacting any ordinance that regulates video lottery terminals. Repeals any local act regulating or imposing a tax or fee on video lottery terminals.
Directs the Commission to make a video gaming permit available and requires the permit to be affixed to all approved video gaming machines in a location and in a manner prescribed by the Commission. Provides that the placement of the video gaming permit on the machine indicates that the machine has been registered, inspected, and approved for operation in North Carolina. Requires that the permit be issued annually. Prohibits anyone other than authorized Commission personnel and the licensed operator from affixing or removing the permit. Requires manufacturers and licensed operators to make video gaming machines and associated equipment available for inspection by the Commission. Requires that the machine’s software be compatible with the Commission’s central monitoring system and games initiated and approved by the Commission to receive a permit. Declares that any terminal which does not display the permit is contraband and is a public nuisance subject to seizure and summary forfeiture by any law enforcement officer. Prohibits transporting a video gaming machine out of the state until the permit has been removed.
Sets minimum qualifications to be applied by the Commission in granting licenses to manufacturers, operators, and video lottery retailers. Directs the Commission to issue an operator’s license to an individual, group of individuals, corporation, partnership, or association whom the Commission determines is qualified to receive a license under this chapter. Requires the applicant and any partner, director, officer, and all stockholders to submit to a background investigation that includes a criminal record check and to pay any required fees for the criminal record check. Provides additional requirements that the Commission not issue a video lottery license unless the Commission is satisfied that the applicant is all of the following: (1) of good character; (2) a person whose background, including criminal history record, reputation, and associations do not pose a threat to the public interest or safety of the state; (3) a person who demonstrates business ability and experience to establish, operate, and maintain a video lottery business; and (4) a person who has adequate financing to undertake a video lottery business.
Requires each person applying for or renewing a manufacturer’s license to pay an annual fee of $10,000. Requires each person applying for or renewing an operator’s license to pay an annual fee of $5,000 and an annual terminal fee of $104 per terminal. Directs the Commission to charge each person applying for or renewing a video retailer’s license an annual fee of $500 plus a weekly telecommunications fee as established by the Commission. Authorizes the Commission to charge a one-time license application fee not to exceed $50 and the cost of the criminal history and financial record background check. Provides that all licenses issued by the Commission are renewable annually unless sooner cancelled or terminated. Prohibits assigning or transferring any license issued by the Commission. Failure to pay any required fees is grounds for revoking any license issued under this proposed chapter. Entitles the Commission to an administrative expense reimbursement of 4% of the fees collected under this provision. Distributes any remaining funds from the video gaming machine fees to the county where the establishment is located or to the city if the establishment is located within the corporate limits of a city.
Prohibits the obtaining of multiple types of licenses under this proposed chapter.
Only allows machines with a video gaming permit to be placed in a licensed establishment. Limits the placement of machines to the premises of an establishment with an on-premises malt beverage permit, on-premises unfortified or fortified wine permit, or mixed beverages permit issued by the North Carolina Alcoholic Beverage Control Commission. Prohibits the issuance of a license for any establishment located within 50 feet of a church, public school, or any nonpublic school. Prohibits persons less than 21 years of age from playing video gaming machines.
Restricts a single wager on a video lottery terminal to no more than the amount the Commission establishes to be played on a single wager. Requires that the odds of winning each video lottery game be posted on or near each terminal.
Directs the Commission to develop a model contract to be used between licensed operators and licensed establishments and provides that the contracts are to address IRS report requirements. Provides additional guidelines regarding the transportation of video gaming machines between licensed establishments in the state. Provides that the Commission is to have sole enforcement authority of GS Chapter 18D. Authorizes the Commission to inspect a licensed establishment or licensed manufacturer and to examine the books and records of the licensee at any time it reasonably appears that someone is on the premises. Makes it a Class 2 misdemeanor to resist or obstruct an officer attempting to make a lawful inspection of the premises.
Makes it a Class 1 misdemeanor to tamper with a terminal with the intent to interfere with its proper operation. Provides that tampering by any means with the intent to manipulate the outcome, payoff, or operation of a video lottery terminal is a Class H felony and that a conviction of this offense results in a revocation of any permit or license issued under this proposed chapter for a period of not less than 10 years and a fine of not less than $5,000. Makes it a Class I felony for any video lottery retailer or operator to intentionally pay a prize to any person that is less than the prize amount won.
Makes conforming changes to GS 14-292, 14-293, 14-296, 14-299, 14-301, 14-302, 14-304, 14-305, 14-306, 14-306.1A, and 18C-161.
Amends GS 18C-164 to provide a distribution schedule for the Commission to allocate net revenue transferred to the Education Lottery Fund from video gaming terminals regulated under GS Chapter 18D as follows: (1) 50% to the State Educational Assistance Authority to fund university scholarships, (2) 12.5% to the Repair and Renovations Reserve Account to be transferred annually to the UNC Board of Governors to be used only for renovation and repair of university facilities and related infrastructure at the 16 constituent institutions and the NC School of Math and Science that are supported from the General Fund, (3) 12.5 % to the UNC Board of Governors to be used for new construction of university facilities and related infrastructure at the 16 constituent institutions and the NC School of Math and Science that are supported from the General Fund, and (4) 25% to the State Board of Community Colleges to be used only for new construction of facilities and related infrastructure. Provides that funds transferred to the UNC system, School of Math and Science, and The Community Colleges may not be expended except by appropriation of the General Assembly. Makes a conforming change to subsection (c).

Directs the Joint Legislative Program Evaluation Oversight Committee to include in the 2011-12 Work Plan for the Program Evaluation Division of the General Assembly a study to evaluate the state’s video lottery entertainment system and to submit its findings and recommendations to specified legislative oversight committees no later than the convening of the 2013 Regular Session of the General Assembly.
Effective January 1, 2012, and applies to offenses committed on or after that date.