Identical to H 135, filed 2/17/11.

Enacts new GS 62-155.1 requiring the North Carolina Utilities Commission (Commission) to develop a rate structure for all residential, commercial, public, and industrial customers of electric power that includes all of the following: (1) an inverted rate structure under which customers using larger quantities of electricity will pay a higher price per kilowatt hour and customers using lesser quantities will pay a lower price; (2) requires the rate structure to be in tiered blocks; (3) requires development of separate inverted tiered block rate structures (rate structures) for residential, commercial, public, and industrial customers; (4) directs that the inverted tiered blocks are to be developed for the purpose of promoting energy conservation and energy efficiency; (5) provides that the rate structures for residential customers be designed to avoid a negative economic impact on low-income families and rental units; (6) requires that the rate structure for residential customers be scaled to achieve a 40% to 60% statewide reduction in electricity use from 2010 use levels within 10 years; (7) provides that the rate structure for industrial and commercial customers be tailored on a case-by-case basis; and (8) directs that all rate structures be designed to guarantee that electric public utilities regulated under the proposed new additions to GS Chapter 62 receive a reasonable rate of return on their capital expenditures.
Enacts new GS 62-155.2 to create the Energy Efficiency Public Benefit Loan Fund (Loan Fund). Directs the Commission to contract with a third-party administrator or an independent government agency to administer the Loan Fund. Specifies the sources for the Loan Fund. Identifies the purpose of the Loan Fund is to issue loans subject to provisions in subsection (e) of proposed GS 62-155.2, regarding grants to low-income households, to customers for use in investing in energy efficiency and renewable energy projects designed to promote energy conservation and efficiency and a reduction in electric energy consumption. Additionally provides criteria regarding loan payments and eligible projects. Defines renewable energy as it is defined in GS 62-133.8. Authorizes the Commission to adopt rules to implement this section.
Adds new Article 5H (Avoidable Pollution Tax for Certain Energy Inefficient Products) to GS Chapter 105. Provides that the definitions in GS 105-164.3 apply to proposed Article 5H, except provides that sale does not include lease or rental, and defines energy inefficient product to mean a product that (1) is used for residential purposes, (2) belongs to a product category evaluated by the U.S. Environmental Protection Agency and the U.S. Department of Energy to set energy efficiency guidelines and qualify products for the Energy Star label, and (3) does not qualify for the Energy Star label.
Provides for a 5% privilege tax on energy inefficient product retailers for each such product sold and a 5% excise tax on the storage, use, or consumption of energy inefficient products in the state. Provides details regarding the administration of the privilege and excise taxes, considered additional state sales taxes. Provides that the exemptions and refunds allowed in Article 5 of GS Chapter 105 do not apply to the taxes imposed in new Article 5H except for the exemption for sales that the state is constitutionally prohibited from taxing. Directs the Secretary of Revenue (Secretary) to credit the taxes collected under proposed Article 5H to the Loan Fund created in new GS 62-155.2 minus the amount owed to the Department of Revenue (Department) for administrative expenses. Permits the Secretary to retain no more than $425,000 annually as reimbursement to the Department for its collection costs.
Reserves GS 105-187.75 through 105-187.79 for future codification purposes.
Effective January 1, 2012.

Identical to H 121, filed 2/16/11.

As title indicates.

Identical to H 404, filed 3/17/11.

As title indicates, recognizes March 22, 2011, as Diabetes Alert Day.

Adds new Article 6, Community Association Managers Licensure Act, to GS Chapter 93A to require mandatory licensing of persons who serve as community association managers and receive compensation for that service.
Establishes the North Carolina Licensure Board for Community Association Managers (Board). Provides that the Board is to have seven members as follows: (1) four community association managers, with two appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives (Speaker), and one appointed by the Governor; (2) a home builder appointed by the Governor on the recommendation of the NC Home Builders Association; (3) a licensed real estate broker appointed by the Governor, on the recommendation of the NC Association of Realtors; and (4) a public member who is not a professional in any of the other specified categories and who is appointed by the General Assembly on the recommendation of the Speaker.
Requires that Board members must be United States citizens and residents of North Carolina. Provides guidelines setting term limits, filling vacancies, grounds for removing Board members, compensation, selecting officers, and holding meetings. Designates that initial Board members are to be appointed before October 1, 2011. Enumerates the powers and duties of the Board. Sets out the licensure requirements, which include submitting a completed application to the Board on a form provide by the Board, passing a licensing examination prescribed by the Board or in the alternative presenting evidence of successful completion of specifically designated education programs or the possession of a valid license issued by another state, political territory, or jurisdiction acceptable to the Board. Additionally provides that a person may satisfy the licensing requirements if that person provides proof to the Board of active engagement as a community association manager for compensation in this state for at least three consecutive years before the effective date of this act and pays the required licensing fee. However, provides that persons who fail to make application to the Board for licensing within one year of the effective date of this act will be required to complete all the licensing requirements and comply with all the licensing provisions of this Article. Also requires an applicant to produce evidence of coverage by a fidelity bond in accordance with proposed GS 93A-93, to demonstrate to the Board that the applicant is of good moral character, and pay the applicable fees. Additionally provides criteria to be applied in the denial of licensure.
Makes it unlawful on or after October 1, 2012, for any person in the state to act as a community association manager, to directly or indirectly engage in the business of community management association management, or otherwise hold himself or herself out to be a community association manager without first obtaining a license from the Board.
Exempts an officer or member of a community association who acts as a community association manager for no compensation from the provisions of proposed Article 6. Provides additional exemptions from this proposed Article for specifically identified categories of persons.
Provides definitions for the following terms as used in this proposed Article: (1) Board, (2) compensation, (3) community association, (4) community association manager, (5) license, and (6) licensee.
Requires that every community association manager engaged in community association management must be covered by a fidelity bond or an insurance policy that complies with the enumerated requirements. Lists the fees that the Board may impose. Provides criteria for license renewal, late renewal of a license, requests to be placed on inactive status, and applying for reinstatement of an inactive license. Permits the Board to establish programs of continuing education for licensees under this proposed Article and provides guidelines to apply in determining fees and credit for continuing education courses.
Requires every community association that employs a community association manager and has a membership that includes owners of 20 or more residential condominiums, townhouses, apartments, or lots, or any combination thereof, to register the community association with the Board on or before January 1 of each year. Also permits any other residential community association, which is otherwise not required to register, to choose to register the association with the Board on or before January 1, each year. Prohibits the Board from seeking any legal remedy against an association that is required to register but does not do so until the association has registered with the Board. Directs the Board to publish a directory of registered community associations and registration fees. Restricts the use of fees received by the Board to the administration and enforcement of proposed Article 6.
Provides criteria regarding disciplinary action available to the Board. Provides that a license issued by the Board remains the property of the Board. Requires licensees to maintain full and accurate business records and retain those records for no less than three years. Makes the violation of any provisions of proposed Article 6 a Class 2 misdemeanor. Provides that the Board may apply to any appropriate court for an order enjoining any violations of this proposed Article. Provides that a court may issue an injunction or restraining order upon the showing by the Board that a person has violated or is about to violate this proposed Article.
Amends GS 93A-6(a)(12) to provide that a real estate broker who is also a licensed community association manager is not subject to disciplinary action by the NC Real Estate Commission for handling and accounting for money belonging to a community association in compliance with proposed Article 6 of GS Chapter 93A.

Enacts new Article 29A, the North Carolina Health Information Exchange Act, to GS Chapter 90. Indicates the purpose is to improve the quality of health care delivery in NC by facilitating and regulating the use of a voluntary, statewide health information exchange network for the secure electronic transmission of individually identifiable health information, consistent with the Health Insurance Portability and Accountability Act (HIPAA).
Defines North Carolina Health Information Exchange (NC HIE) as the nonprofit corporation selected by the Governor to serve as the subrecipient of grant funds or as the state-designated entity named pursuant to federal law, as indicated. Defines HIE Network as the voluntary statewide health information exchange network overseen and administered by the NC HIE. Lists additional definitions applicable to proposed Article 29A. Requires that the NC HIE satisfy seven enumerated requirements, including the directive to develop and enter into written participation agreements with covered entities utilizing the HIE network, and the duty to comply with HIPAA. Clarifies that the NC HIE is not restricted from exercising any corporate powers in a manner not inconsistent with proposed Article 29A.
Requires that each covered entity participating in the HIE Network enter into a business associate contract and a written participation agreement with the NC HIE before disclosing or accessing any protected health information through the HIE Network. Also allows each participating covered entity to authorize its business associates to disclose or access protected health information on the entity’s behalf. Authorizes each covered entity participating in the HIE Network to disclose an individual’s protected health information (1) to other covered entities for any purpose permitted by HIPAA, unless the individual has opted out and (2) to facilitate emergency medical treatment to the individual, subject to specified limitations. Provides that any health care provider relying in good faith on information obtained through the HIE Network will not be criminally or civilly liable for damages caused by inaccurate or incomplete information.
States that each individual has the continuing right to opt out or rescind a decision to opt out, and directs the NC HIE to enforce the individual’s decision prospectively from the date the NC HIE receives notice. Prohibits a covered entity from denying treatment or benefits to an individual who opted out. Provides that the protected health information of an individual who opted out will not be disclosed to covered entities for any purpose, with the following exceptions: (1) the information may be disclosed to facilitate emergency medical treatment to the individual if specified criteria are met and (2) the information may be disclosed for public health purposes or research purposes if such disclosure is permitted by HIPAA and state law.
Clarifies that proposed Article 29A does not: (1) impair rights conferred under HIPAA, including six enumerated rights; (2) authorize disclosure of protected health information if the disclosure is restricted by federal laws or regulations; (3) restrict authorized disclosures for public health and research purposes; and (4) prohibit the NC HIE or any participating covered entity from storing electronically the protected health information of an individual who opted out, provided the information remains undisclosed and unused as required. Also clarifies that proposed Article 29A applies only to disclosures of protected health information made through the HIE Network.
Details the following possible penalties for a covered entity that discloses protected health information: (1) any civil or criminal penalty, or both, may be imposed pursuant to federal law; (2) any civil remedy under federal law; (3) disciplinary action by the relevant licensing board or regulatory agency; (4) any penalty authorized by the Identity Theft Protection Act; and (5) any other civil or administrative remedy.
Effective October 1, 2011.

Amends GS 18B-1104(7) to allow the holder of a brewery permit to sell the brewery’s malt beverages at the brewery upon receiving a sales permit under GS 18B-1001(1) (was, sales on premises limited to areas where the sale was legal). Amends GS 18B-1104(6) to allow the holder of a brewery permit to provide malt beverages on the premises for tasting purposes only, which must be held for an entire business day and limit the amount tasted per day to no more than four ounces per patron. Clarifies that a sale or gift under the tasting provision is not a retail or wholesale sale under the ABC laws. Makes conforming changes. Makes conforming change to GS 18B-1001(1).

Amends GS 15A-1340.34 to provide that for the purposes of Article 81C of GS Chapter 15A the term victim means a person directly and proximately harmed by the defendant’s commission of the criminal offense and also applies to a third-party payer, including an insurer that has compensated the victim for any costs or losses described in GS 15A-1340.35. Includes a third-party payer, including an insurer that has compensated the victim or the victim’s estate for injuries or damages to the victim, as entitled to restitution from the defendant sentenced for an offense for which the victim is entitled to restitution under Article 46 of GS Chapter 15A (was, required the defendant to make restitution to the victim or the victim’s estate only).
Amends GS 15A-1340.35 to provide the court is to consider the pain and suffering of the victim as a result of the offense in determining the amount of restitution. Limits the amount awarded for pain and suffering to $500,000 for each victim for all offenses occurring contemporaneously.
Effective October 1, 2011, and applies to any order of restitution on or after that date.