House amendment makes the following changes to 1st edition. Amends proposed amendment to Section 15 of Article II of the North Carolina Constitution to specify that no person may serve as Speaker in more than two regular sessions of the General Assembly.
Amends proposed amendment to Section 14(1) of Article II of the North Carolina Constitution to specify that no person may serve as President Pro Tempore in more than two regular sessions of the General Assembly.

House amendment makes the following changes to 2nd edition. Makes technical change.

House amendment makes the following changes to 2nd edition.
Amends GS 143-138(b4)(1) to provide that a farm building will not be exempt from building rules if it is used for a spectator event at which 50 or more members of the public are present (was, more than 10 members of the public are present), unless the fire marshal of the county in which the building is located issues a permit in accordance with GS 153A-357 to the owner or lessee of the property (was, unless the person or organization responsible for the event established a fire watch for the duration of the event). Provides that approval will be granted after the fire marshal has verified that it is a temporary event, any outstanding unsafe conditions have been mitigated, and a fire watch has been established. Defines temporary as an event that is held in the building not more than four times per calendar year and the period of continuous use does not exceed 24 hours (was, temporary means that the spectator event and all other spectator events in the building have a total duration of no more than 120 hours in any calendar year).

House committee substitute makes the following changes to 1st edition.
Amends GS 106-202.19(a)(6e), clarifying that it is unlawful to buy more than fifty venus flytrap plants (rather than more than five pounds of venus flytrap) without a valid permit. Makes a conforming change.

As title indicates.

Enacts new subsection (c7) to GS 143-215.1 to provide as title indicates. Makes a similar change by enacting new Section 4A to SL 2005-190. Applies to nutrient management plans that have not been approved by the Environmental Management Commission before the act becomes law.

As title indicates.

Effective October 1, 2011, adds new GS 15A-2007 to prohibit a defendant determined to have a severe mental disability at the time of the commission of a criminal offense from being sentenced to death. Defines severe mental disability to mean any mental disability or defect that significantly impairs a person's capacity to do any of the following: (1) appreciate the nature, consequences, or wrongfulness of the person's conduct; (2) exercise rational judgment in relation to conduct; or (3) conform the person's conduct to the requirement of the law. Requires that compelling evidence of a mental disability be manifested at some time prior to the defendant's alleged offense. Specifies that a mental disability manifested primarily by repeated criminal conduct or attributable solely to the acute effects of alcohol or other drugs does not, standing alone, constitute a severe mental disability.
Requires court to hold a pretrial hearing, upon motion of defendant, to determine if the defendant had a severe mental disability at the time of the commission of the offense. Imposes burden of production and persuasion on defendant to demonstrate by clear and convincing evidence.
Prohibits anyone found to be under the influence of a severe mental disability at the time of the commission of the criminal offense from asserting a defense of not guilty by reason of insanity.
Specifies that if court does not find that defendant had a severe mental disability at the time of the commission of the criminal offense during the pre-trial hearing, the defendant may introduce evidence of the disability during the sentencing hearing. Requires court to submit a special issue to the jury as to whether the defendant had a severe mental disability at the time of the commission of the criminal offense prior to the consideration of aggravating or mitigating factors and the determination of a sentence. If the jury determines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the court must declare the case noncapital and the defendant must be sentenced to life imprisonment. Imposes burden of production and persuasion on defendant by a preponderance of the evidence. Authorizes the jury to consider any evidence presented by the defendant of a severe mental disability when determining mitigating factors and the defendant's sentence, even if the jury determines that the defendant did not have a severe mental disability.
Specifies that defendant determined to have a severe mental disability at the time of the commission of the criminal offense may be subject to any other sentence authorized by GS 14-17 for the crime of murder in the first degree.
Effective October 1, 2011, makes conforming changes to GS 15A-2000(b).
Effective October 1, 2011, to October 1, 2012, enacts new GS 15A-2008 to allow a defendant who has been convicted of first degree murder and sentenced to death to request a postconviction determination of severe mental disability. Specifies time period for filing motion and requires that the procedures and hearing on the motion comply with GS 15A-1420.
Effective October 1, 2011, enacts new GS 15A-960 to prohibit an insanity defense if: (1) prior alcohol use, prior drug use, or both are the sole cause of the psychosis or (2) voluntary intoxication, a voluntary drugged condition, or both combined are the sole support for the defense.

Amends GS 20-37.16 to require that hazardous materials endorsements be renewed every five years or less so that individuals subject to a certain federal Transportation Security Administration screening may receive the screening and be authorized to renew the endorsements of H or X to transport hazardous materials. Specifies that the H and X endorsements on a commercial driver's license expire when the commercial driver's license expires.
Effective December 1, 2011, and applies to endorsements issued for commercial driver's licenses on or after that date.

Amends GS 95-36.1, clarifying that the Department of Labor (Department) must use the most current data available from its own database and from other sources, including state and federal departments and other governmental entities, to identify an employer for a special emphasis inspection. Adds a list of four specified items to be included in the written report on the impact of the special emphasis inspection program.
Amends GS 95-223 (definitions applicable to the Migrant Housing Act), clarifying that migrant means an individual employed in agricultural employment and his dependents (deletes conditional language). Clarifies the definition for operator to mean any person who owns or controls migrant housing and any person who contracts with or employs an operator to provide him or her with migrants to perform agricultural employment. Adds definitions for reasonable cost and retaliatory action and makes other clarifying changes. Amends GS 95-224(a)(1), clarifying that the Migrant Housing Act applies to all operators and migrants except any operator who owns housing, regularly provides housing on a commercial basis to the general public, and provides housing to migrants of the same character and on the same or comparable terms and conditions as housing provided to the general public if more than 50% of the tenants are not migrants or their dependents.
Amends GS 95-225 (standards and interpretations), adding that charges for migrant housing will not exceed reasonable cost, and the employer has the burden of providing reasonable cost through records or other credible evidence. Also adds that no migrant will be charged for heat or fuel for heat. Makes additional clarifying changes and adds standards applicable to migrant housing related to kitchen facilities, food preparation facilities, telephones, toilets, washing machines and dryers, locks, sleeping quarters, showers, and receiving visitors. Specifies that operators are responsible for all maintenance of the migrant housing unit and surrounding grounds. Amends GS 95-227 (enforcement of the Migrant Housing Act), clarifying that the Department must maintain a list of operators and the physical address of their migrant housing units, the total number of migrant housing units held by each operator, and a summary of complaints filed against each operator annually. Requires the Department to make a summary of inspections filed annually available to the general public within 15 days of request. Directs the Department to implement procedures to identify and prosecute the most serious violators of the Migrant Housing Act, and to maximize the efforts of personnel implementing the Act, as detailed. Specifies that the provisions of the Migrant Housing Act should be performed by Department employees who, to the extent feasible, are bilingual in English and Spanish. Also specifies that any right or obligation under the Migrant Housing Act is enforceable by civil action, in addition to other remedies at law and in equity. Makes other clarifying changes. Enacts new GS 95-227.1, prohibiting an owner from taking retaliatory action against a migrant because of the migrant’s good faith attempt to exercise, secure, or enforce any rights or protections under the Migrant Housing Act or other law. Specifies that any right or obligation under the Migrant Housing Act is enforceable by civil action, in addition to other remedies at law and in equity. Makes a conforming change to GS 95-241(a)(1) to prohibit discrimination or retaliatory action against an employee with respect to the Migrant Housing Act.
Amends GS 143-460 (definitions applicable to the NC Pesticide Law), adding definitions for employee and employer. Amends GS 143-466 to direct the NC Pesticide Board (Board) to adopt rules requiring recording of the date, time, and field location of worker reentry to the treated area after pesticide application. Further permits any employee or any representative of an employee who suspects that a violation of the Pesticide Law is occurring in any workplace where the employee is employed to request inspection of the workplace by notifying the Board or designated inspectors. Clarifies that employee names referred to in the notice of violation will not appear in any record published, released, or made available. Provides additional details regarding interviews, enforcement hearings, and statements relating to the violation. Amends GS 143-469, adding that a civil penalty not more than $20,000 per violation may be assessed if the Board finds a serious violation of the Pesticide Law, and the Board may assess an additional penalty of up to $100,000 for any violation that causes serious damage to the environment, serious injury to property, or serious injury to, or death of, any person. Permits the Board to use discretion when issuing fines. Makes conforming changes. Removes provision detailing penalties for pesticide applicators.
Enacts new GS 95-275, adopting specified federal standards. States that employees must be provided prompt access to toilet facilities. Enacts new GS 95-276, directing the Department to adopt rules to prevent heat illness, as defined, in agricultural workers, as detailed.

Amends GS 20-7(b1) to prohibit the Division of Motor Vehicles from issuing an identification card, learner’s permit, or driver’s license to an applicant who fails to provide documentation of satisfactory completion of a driver’s education course, as prescribed by GS 20-88.1, or if licensed by another state, demonstrate that the issuing state requires a driver’s education course that has equivalent requirements.
Repeals GS 20-7(l) (Learner’s Permit).
Makes conforming changes to GS 20-7(m).
Effective October 1, 2011, and applies to any license issued on or after that date.

As title indicates.

Amends GS 93-1 to specify that the “public practice of accountancy” must not be construed to prevent a person credentialed as a certified public accountant in another state from listing the credential on the person’s resume when applying for employment in this state so long as the resume clearly indicates the state in which the person holds the credential.

Enacts new GS 130A-309.130 to 130A-309.141 establishing a system for consumer beverage container deposits and refunds. Provides for consumer payment of a deposit of ten cents on certain malt beverage and spirituous liquor containers and five cents for all other beverage containers. Requires clear deposit redemption labeling for all beverage containers offered for sale in NC except certain permanently labeled glass containers. Requires all beverage containers sold in the state to be made of recycled or recyclable materials. Provides for the Department of Environment and Natural Resources to increase the amount of the deposit by five cents if return rates are below 75%, as determined every 5 years. Requires retailers to pay distributors the refund value on beverage containers, to receive deposits from the consumers at time of sale, to accept certain empty beverage containers from consumers, and to pay consumers the refund values in cash. Allows retailers to utilize private redemption centers to accept beverage container returns, and sets forth requirements for Department approval of these centers. Requires distributors to accept certain empty beverage containers from retailers and to pay retailers the redemption value plus a handling fee of five cents for every beverage container accepted. Provides that each distributor shall establish separate funds for all deposits received and shall report to the Department the amount of deposits and refunds. Establishes an Unredeemed Beverage Container Deposits Fund, administered by the Department, for receipt of the amount of deposits unredeemed by consumers, to be used to pay the costs of administering the program and the Fund, to reimburse distributors for redemptions and fees that exceed deposits collected, and to be credited to the Inactive Hazardous Sites Cleanup Fund. Provides a civil penalty for certain violations of the Act. Requires the Department to study various economic and environmental effects of the program and to report to the General Assembly. Allows the Department to adopt rules to implement the Act. Effective January 1, 2012.

Enacts new Article 13B, the North Carolina Street Gang Nuisance Abatement Act, to GS Chapter 14. Provides that any real property erected, established, maintained, owned, leased, or used by any criminal street gang to conduct criminal street gang activity, as defined, is a public nuisance, and may be abated according to Article 1 of GS Chapter 19. Clarifies that the statute does not apply to real property used for criminal street gang activity where the owner or person in possession has no actual knowledge that the property is being used for that purpose. Declares that a street gang, as defined, that regularly, defined as at least five times in a period less than 12 months, associates in criminal street gang activities, as defined, constitutes a public nuisance. Specifies that any person who regularly associates with others to engage in criminal street gang activity may be a defendant in a suit to abate the public nuisance. Authorizes the court to enter an order enjoining the defendant from engaging in criminal street gang activities and to enter other reasonable requirements to prevent the defendant or gang from engaging in future activities, after finding that a public nuisance exists. Repeals GS 14-50.24 (real property used by criminal street gangs declared a public nuisance; abatement). Applies to offenses committed and abatement actions commenced on or after October 1, 2011.

Enacts new GS 15A-149.1 to authorize a person who was convicted of a certain criminal offense to petition the court to expunge the criminal offense from the person’s criminal record if all of the following are met: (1) the person has never been convicted of any other felony or misdemeanor other than a traffic violation (which does not include felony speeding to elude arrest or felony vehicular homicide), (2) the person has no pending felony or misdemeanor charges other than a traffic violation, (3) the person has no outstanding restitution orders or civil judgments representing amounts ordered for restitution against him or her, (4) the person has no previous expunction under this section, and (5) the person’s citizenship rights have been restored pursuant to Chapter 13 of the General Statutes for a period of at least seven years. Defines criminal offense to include a misdemeanor, Class H felony, or Class I felony, but exempts certain offenses. Specifies that the time frame for filing the petition is no earlier than seven years after restoration of the individuals’ citizenship rights. Details required contents of the petition. Requires that petition be served upon the district attorney of the court where the case was tried and allows the district attorney to file any objection to the petition within 30 days. Authorizes judge to whom petition is presented to call upon a probation officer for any additional investigation or verification of petitioner’s conduct. Requires court to conduct a hearing to determine whether petition should be granted and specifies information that court may consider at hearing. Provides that once criminal offense is expunged, there is no legal requirement for the person who committed the offense to disclose the criminal offense, except if the person is pursuing certification under the provisions of Chapter 17C or Chapter 17E of the General Statutes. Provides that if a person whose record is expunged is convicted of a subsequent felony or misdemeanor after the expunction, other than a traffic violation, then the court must include the expunged offense in the calculation of prior record points when imposing the sentence for the subsequent felony or misdemeanor. Specifies certain fees that must be paid by person who files petition for expunction.
Makes conforming changes to GS 15A-151(a).
Effective December 1, 2011.

Amends GS 131D-2.1 (definitions applicable to adult care homes) by adding a definition for hearing unit. Amends GS 131D-4.5(5) to state that the rules adopted by the Medical Care Commission governing due process and appeal rights must offer protections to adult care home residents for safe and orderly transfer and discharge (rather than offer at least the same protections as state and federal rules and regulations). Makes a similar change to GS 131D-21(17) under the Adult Care Home Residents’ Bill of Rights.
Enacts new GS 131D-4.8 to permit an adult care home to initiate discharge of a resident based on any of the six listed reasons. Prohibits the Department of Health and Human Services (DHHS) from citing the adult care home facility for any violation, as specified, when DHHS prohibits a facility from discharging a resident for whom the facility initiated discharge due to the endangerment of the health or safety of the resident or other individuals in the home, if the violation is attributed to behavior by the resident that resulted in harm to the resident or other individuals. Directs the adult care home to notify, in writing, a resident or the resident’s legal representative of the home’s intent to discharge the resident at least 30 days before the discharge. Requires the notice to include six listed items. Directs the home to also notify the county department of social services of the discharge, and to use best efforts to assist the resident to find appropriate placement before the date of discharge. Requires the hearing unit to decide all appeals involving the discharge of adult care home residents as a final agency decision. Sets forth details for judicial review of the hearing unit’s decision. Makes a conforming change to GS 150B-1(e), exempting hearings to decide appeals involving adult care home resident discharges initiated by the homes from the contested case provisions of the Administrative Procedure Act.
Effective October 1, 2011.

Reestablishes the nine-member House Select Committee on the Preservation of Culture and Customs of Indian Children. Specifies composition of committee and details how vacancies are filled. Authorizes the Speaker of the House of Representatives to designate one representative as chair of the Committee and provides that a quorum of the committee consists of a majority of its members.
Directs Committee to examine any issues or matters that impact the preservation of the customs and culture of Indian children who are not covered under the ICWA and who are the subject of legal proceedings in state courts. Authorizes Committee to also study (1) current state laws applicable to family-related legal proceedings and their impact on retention of the cultural heritage of child members of Indian tribes; (2) guidelines for local departments of social service agencies that would implement the same or similar policies and practices that are applicable to Indian children under federal law; (3) the creation of a state council or commission, to include members of Indian tribes, state and local social services agencies, the judiciary, and other appropriate officials to recommend policies and procedures to the General Assembly; and (4) any other matter that is relevant to promoting the preservation of the customs and culture of Indian children who are the subject of legal proceedings in state courts.
Authorizes the Committee to exercise all powers authorized under GS 120-19 and GS 120-19.1 through GS 120-19.4. Authorizes Committee members to receive certain per diem, subsistence, and travel allowances. Directs the Legislative Services Officer to assign professional and clerical staff to the Committee, with prior approval of the Legislative Services Commission. Directs the House of Representatives to assign clerical staff to the Committee and authorizes the Committee to contract for certain professional, clerical, or consultant services.
Requires the Committee to submit a final report to the 2012 Regular Session of the 2011 General Assembly. Provides that the Committee terminates upon filing its final report or upon the convening of the 2012 Regular Session of the 2011 General Assembly, whichever comes first.

Enacts GS 50B-10 to require domestic violence training for prosecutors, magistrates, mediators, custody evaluators, parenting coordinators, guardians ad litem, and public school system educators. Requires both initial and continuing education to be coordinated by the School of Government, Conference of District Attorneys, the Administrative Office of the Courts, the Mediation Network of North Carolina, and the Department of Public Instruction, as appropriate, and in collaboration with the North Carolina Coalition Against Domestic Violence. Effective October 1, 2011.

Enacts new GS Chapter 50D, which provides for certain types of court actions seeking to prevent wrongful removal or retention of a child. Provides that (1) a court on its own motion in a child custody proceeding may order abduction prevention measures upon evidence establishing a credible risk of child abduction, (2) a party to a child custody proceeding or person with equivalent standing may petition for abduction prevention measures, and (3) a prosecutor or public authority designated under the Uniform Child-Custody Jurisdiction and Enforcement Act may seek a warrant to take physical custody of a child or other prevention measures. Establishes which courts have jurisdiction over these actions. Sets forth the required contents of a petition for abduction prevention measures, states thirteen factors a court shall consider in determining a credible risk of abduction, and requires the court to consider evidence of certain good faith of the respondent. Provides for certain detailed required elements of a court order on a petition for abduction prevention measures, allows a court to impose conditions on the exercise of custody or visitation, where relevant, and grants a court additional authority to issue warrants to take physical custody of a child and direct the appropriate use of law enforcement. Sets forth the requirements for an ex parte warrant to take physical custody of a child, including the contents of the warrant and provisions for notice and a prompt hearing for the respondent after issuance. Establishes the possible duration of an abduction prevention order, and states the Chapter's relation to the federal Electronic Signatures in Global and National Commerce Act. Effective January 1, 2012.

Repeals GS 53-146.2 (provisions for Payable on Death accounts in banks) and instead enacts new GS 53-146.2A. Provides that if any natural person or natural persons establishing a deposit account executes a written agreement with the bank stating that the agreement is executed pursuant to the statute and providing for the account to be held in the name of the natural person or persons as owner or owners for one or more beneficiaries, then the account and any balance will be a Payable on Death account. Requires the account to include seven specified incidents if one or more of the beneficiaries is a natural person. Sets forth the statement format to be signed by the person/persons establishing the payable on death account. Provides that if the beneficiary of the account is an entity other than a natural person, the account will include incidents as detailed. Sets forth the statement format to be signed by the person/persons establishing the account. Clarifies that the statute is not deemed exclusive, and that deposit accounts not conforming to the statute will be governed by other applicable law. Specifies that no addition, withdrawal, payment, or change of beneficiary to the account will affect the nature of the account as a payable on death account, or affect the owner’s right to terminate. Provides that the statute does not repeal or modify any law relating to estate taxes.
Makes similar changes in the following Chapters: repeals GS 54B-130 and enacts new GS 54B-130A, governing payable on death accounts (POD accounts) in savings and loan associations; repeals GS 54C-166 and enacts new GS 54C-166A, governing POD accounts in savings banks; and repeals GS 54-109.57 and enacts new GS 54-109.57A, governing POD accounts in credit unions.
Effective October 1, 2011.

Substantively identical to H 645, filed 4/5/11.

Directs the Senate and House of Representatives to meet at the State Capitol in their respective chambers on Tuesday, April 12, 2011, at 2:00 p.m.

Enacts new GS 45A-9, requiring closings and settlements under the Good Funds Settlement Act to be supervised and conducted by a licensed attorney; however, allows a nonattorney employee of a corporation selling real property in a seller-financed real estate transaction to prepare purchase money loan documents to secure the indebtedness of the purchaser. Details insurance coverage for attorneys performing closings or settlements and directs the NC State Bar to make available to the public a list of attorneys in compliance. Enacts new GS 45A-10, directing a settlement agent who maintains a trust or escrow account to receive and disburse closing funds and loan funds to pay any interest earned to the NC State Bar to support purposes authorized under the Interest on Lawyers Trust Account Program. Also directs the State Bar to adopt rules as necessary. Makes a conforming change to GS 84-21. Effective January 1, 2012.
Amends GS 84-8, providing that a violation of GS 84-4 through GS 84-6 (relating to the unauthorized practice of law) is a Class I felony (currently, a Class 1 misdemeanor). Adds that any person in violation of GS 84-4 through 84-6 due solely to an inactive license after failure to timely pay state bar dues or failure to comply with continuing legal education requirements will be guilty of a Class 1 misdemeanor. Specifies that no person is entitled to collect any fee for services performed in violation of GS 84-4 through 84-6. Moves the provision exempting legal clinics of law schools, certain law students, and certain lawyers supervised by nonprofit corporations from the provisions of GS 84-4 through 84-6, to new GS 84-7-1. Makes other clarifying changes. Applies to offenses committed on or after December 1, 2011.
Enacts new GS 84-10.1, providing any person with a cause of action to recover treble damages and reasonable attorneys’ fees, if the person is damaged by a person’s violation of any of the provisions in GS 84-4 through 84-6 or by a person fraudulently holding himself or herself out as a NC certified paralegal. Effective October 1, 2011.

Amends GS 116B-6 by adding a new subsection (j) providing that, on or before February 1 of each year, the North Carolina Division of Motor Vehicles, the North Carolina Department of Revenue, and the North Carolina Employment Security Commission must provide information to the State Treasurer to facilitate locating an owner of unclaimed property. Requires that the Treasurer use the information only for the purpose of locating owners of unclaimed property. Amends the definition of “property” in GS 116B-52(11) to mean, in relevant part, tangible personal property physically located in a safe deposit box or other safekeeping depository held by a financial institution within North Carolina. Amends GS 116B-53 to decrease the amount of time in which wages or compensation for personal services is considered abandoned to one year (was, two years) after the compensation becomes payable. Amends GS 116B-60(a) to provide that the electronic format for an abandoned property report be as prescribed by the Treasurer. Amends GS 116B-60(b) to require verified reports only for amounts of $50 or more, and amends the required contents of such reports. Allows aggregated reports for amounts less than $50. Allows holders of intangible property with a cumulative value of $250 or less to withhold reporting of that property until the year in which the aggregate value exceeds $250. Amends GS 116B-65(a) to require the treasurer to give minimum notice of sale of abandoned property in the form of publication at least annually in two newspapers having general circulation in North Carolina. Effective October 1, 2011.

Provides as the title indicates. Incorporates into this act the definitions provided in GS 143-212. Provides a definition for wind energy facility, meaning the turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that cumulatively with any other wind energy facility whose turbines are located within one-half mile of one another, have a rated capacity of three megawatts or more of energy. Provides criteria, all of which must be satisfied, regarding site selection for the Wind Energy Facility demonstration project. Clarifies that Appalachian State University (ASU) is to assist a third party in selecting an appropriate site for the construction of a wind energy facility demonstration project that does not go over a rated capacity of 60 megawatts and that satisfies all of the criteria specified for site selection. Requires the third party to obtain a permit from the Department of Environment and Natural Resources (DENR) and provides guidelines as to what information is to be on the permit application. Specifies the criteria under which DENR is to deny a permit application. Permits DENR to including conditions on a third party seeking a permit that the third party mitigate any adverse impacts and engage ASU to conduct research on the technological, environmental, and economic aspects of the wind energy facility associated with the demonstration project as proposed and constructed and at no cost to ASU. Sets the permit fee for a third party applicant for a wind energy facility demonstration project at $2,000. Directs DENR to require the third party applicant to provide a plan for the decommissioning or removal of a wind energy facility demonstration project. Also requires DENR to hold a public hearing in the county or counties where the proposed energy facility project is to be located. Requires DENR to make a decision on the permit within 150 days following receiving the completed application. Provides additional criteria authorizing DENR to adopt rules implementing this section, regarding administrative penalties for constructing a wind energy facility without a permit, and the role of local authority in regulating the siting of a facility. Requires that the commercial operation of the demonstration project under this section is to begin no later than November 1, 2018. Requires that ASU report to DENR and the General Assembly on the effectiveness of the wind energy facility demonstration project one year after the permit is issued and annually thereafter. Specifies what the first report must contain.

Amends GS 14-34.7 to specify that a person is guilty of a Class H felony if the person assaults and inflicts bodily harm on a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties, unless covered under some other provision of law providing for greater punishment.
Effective December 1, 2011, and applies to offenses committed on or after that date.

Enacts new GS 90-40.2 to prohibit a dentist, professional entity, or management company from entering into a management arrangement unless the arrangement meets certain specified criteria. Requires all management arrangements to (1) be submitted to the Board of Dental Examiners (Board) for a review and a determination of compliance with the statute and other provisions under Article 2 and (2) be evidenced by a written agreement that satisfies each of the following: (a) is signed by all parties to the agreement; (b) sets forth all material terms of the arrangement between or among the parties to the agreement; (c) describes all of the types of services to be provided by the management company and the time periods during which those services will be provided; (d) sets forth the precise methodology for calculating the compensation to be paid to the management company by the dentist or professional entity and, whenever possible, the aggregate compensation to be paid under the management arrangement; and (e) is implemented, administered, or carried out between the parties to the agreement consistent with the terms of the writing. Prohibits any management arrangement that (1) has a potential negative impact on patient care, (2) affects the provision of dental services, the professional decision making of the dentist, or other personnel of the dentist or professional entity, (3) assigns control of the dental practice to a management company or unlicensed person, or (4) gives the entity or unlicensed person actual or effective ownership of the dental practice. Also prohibits certain specified provisions to be included in a management arrangement.
Authorizes the Board to identify other prohibited management arrangement provisions.
Allows a management arrangement to do either of the following: (1) include a schedule of additional compensation to be paid to the management company during the term of a management agreement based upon the lowering of costs to the professional entity or dentist so long as any additional compensation is based upon a specified schedule or method of computing the additional compensation and is set forth in the management agreement; and (2) include a schedule of decreased compensation to the management company during the term of the management agreement based upon increases in costs to the professional entity or dentist so long as any decreased compensation is based upon a specified schedule or method of computing the decreased compensation and is set forth in the management agreement.
Prohibits a dentist, professional entity, management company, or unlicensed person from entering into an oral or written arrangement or scheme that the dentist or professional entity knows or should know has a material purpose of creating an indirect arrangement that would violate the statutory provisions.
Directs the Board to issue a written advisory opinion, upon submission for review, of the compliance or noncompliance of a management agreement with the statutory requirements. Requires that any licensee or management company which is dissatisfied with the Board’s advisory opinion to request a hearing before the Board to be conducted in accordance with specified procedures. Specifies that a licensed dentist is subject to possible disciplinary action pursuant to G.S. 90-41 and a management company or unlicensed person is subject to possible injunctive action pursuant to G.S. 90-40.1 for any noncompliant management arrangement that is executed or in operation before the Board makes a final determination about compliance or noncompliance under Article 2. Provides that all records, papers, investigative files, investigative reports, and other documents in possession of, gathered by, or reviewed by the Board in connection with its review of a management arrangement are not public records, and are privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the Board, it employees, agents, or consultants, except as specified.
Requires the Board to provide a management company or licensee access to all information in its possession that the Board intends to offer into evidence in presenting a case in a contested case hearing requested by the management company or licensee, except for certain specified information. Specifies that the provisions of GS 90-29(b)(11) (deemed to be practicing dentistry in certain circumstances) apply. Specifies the venue for actions brought under GS 90-40.1. Authorizes the Board, before filing a complaint or trial, to initiate investigations or inquiries, conduct interviews, administer oaths, and issue subpoenas requiring the attendance of persons and the production of papers and records before the Board to determine whether any person or entity is or may be in violation of GS 90-40.1(a). Authorizes the Board to report any investigative information that indicates that a crime may have been committed to the appropriate law enforcement agency or district attorney and directs the Board to cooperate and assist the law enforcement agency or district attorney with any criminal investigation.
Authorizes the Board to conduct certain random audits, inspections, and investigations of the management arrangements and management companies, and if the board finds noncompliance, to conduct periodic audits, inspections and investigations to ensure ongoing compliance.
Authorizes the Board to assess against the other party its reasonable costs, including reasonable attorneys’ fees related to certain, specified matters.
Effective October 1, 2011, and applies to any dentistry management arrangement entered into or renewed on or after that date.

Amends GS 135-93 to provide that employees who become members of the State Retirement System on or after January 1, 2012, shall be automatically enrolled in the Supplemental Retirement Income Plan if their employers are participants in that Plan. Requires the employer to elect whether all new members will be enrolled in either the 401(k) Plan or the 457 Plan, and requires that enrollees will automatically have $20 of their compensation deposited into their accounts each month. Provides that a new member shall have the option, any time within the 90 days after his or her account is established, to have all funds returned to him or her or to roll the money over into another qualified retirement account. Provides for default investments for these accounts, and provides automatic enrollees the option of choosing their own investments. Makes conforming changes to GS 135-90(b) and 135-92(a), and 143B-426.24(h1). Effective July 1, 2011.

Enacts GS 115C-499.1A to provide eligibility requirements for scholarship for minimum wage workers, including the length of time employed in minimum wage work, qualification as legal resident for tuition purposes as established by the University of North Carolina Board of Governors, and admission to a community college basic skills program or postsecondary undergraduate program. Requires the student maintain certain minimum academic achievement levels to continue eligibility. Amends GS 115C-499.3 to set forth the potential scholarship amounts for minimum wage workers, providing for maximum awards between $11,000 and $12,500, depending on eligibility for and amount of Pell Grant funds and deletes previous $4,000 award cap. Provides for priority payment of certain percentages of net income of the scholarship fund, and requires that, where the amount available is insufficient to fund all scholarships, priority is to be given to scholarships for minimum wage workers. Requires that the first scholarships be awarded under the act for the 2012-13 academic year.

As title indicates. Specifies types of energy sources and transportation modes the Commission must consider. Requires a final report to the 2013 General Assembly.

Amends GS 50-11(c) to specify that a divorce obtained pursuant to GS 50-5.1 or GS 50-6 must not affect the rights of either spouse with respect to any action for alimony or postseparation support pending at the time the divorce is granted, except as provided by GS 50-16.1A(4). Adds a similar exception for an absolute divorce.
Amends GS 50-16.9 to create a rebuttable presumption that the voluntary retirement of the supporting spouse after that spouse attains the age of 67 years is not an action in bad faith, and, unless rebutted, constitutes a change in circumstances that a court must consider in determining whether to modify an alimony or postseparation support order.
Amends GS 52-10 to specify that any contract between a husband and wife to waive and release all rights and obligations to postseparation support or alimony is valid and not inconsistent with public policy, if it is in writing and acknowledged by both parties before a certifying officer. Applies to contracts entered into on or after October 1, 2011.
Effective October 1, 2011.

Directs the Environmental Review Commission to study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the state, and to determine whether, how, and to what extent the number of statutory models should be reduced and consolidated. Requires the Commission to consider and address any impacts such reduction and consolidation would have on ongoing operation and financing of existing organizations. Requires Commission to report its findings and recommendations to the 2012 Regular Session of the 2011 General Assembly upon its convening.

Adds new GS Chapter 163A entitled State Board of Ethics, Lobbying, and Campaign Finance.
Adds new GS 163A-1 to establish the State Board of Ethics, Lobbying, and Campaign Finance (Board), to consist of six registered voters. Specifies qualifications for appointment, oath of office, terms of office, conditions under which members may be removed from office, and how vacancies are filled. Prohibits certain persons from serving on the Board and prohibits certain activities by Board members.
Adds new GS 163A-2 to specify how Board meetings are called, the place where meetings are conducted, and meeting quorum and minutes requirements.
Adds new GS 163A-3 to authorize Board members to receive compensation for travel and other expenses.
Adds new GS 163A-4 to provide the Board with general supervision over the State Government Ethics Act, lobbying laws, and campaign finance regulations. Imposes on the Board the following duties: (1) publish and furnish to county and municipal boards of elections and other election officials a sufficient number of indexed copies of all lobbying, ethics, campaign finance, and election laws and rules and regulations; (2) investigate the administration of the laws subject to the Board’s enforcement according to specified procedures; (3) make recommendations to the Governor and the General Assembly relative to the conduct and administration of the laws it enforces as it may deem advisable; and (4) employ an executive director. Specifies that all complaints or inquiries regarding laws enforced by the Board be referred to the Board. Provides that any person seeking judicial review of any Board decision must file in the Superior Court of Wake County.
Adds new GS 163A-5 to provide that if any law subject to the Board’s enforcement is held unconstitutional or invalid and such ruling adversely affects the conduct and holding of any pending primary or election, the Board is authorized to make reasonable interim rules and regulation, subject to certain restrictions.
Adds new GS 163A-6 to specify certain powers of the Board chair.
Adds new GS 163A-7 to authorize the Board to exercise the full power and authority to maintain order and to enforce obedience to its lawful commands during its sessions and specifies consequences for failing to obey the lawful commands of the Board.
Adds new GS 163A-8 to direct the Attorney General to provide the Board with legal assistance in executing its authority. Also authorizes the Board to employ private counsel, upon the recommendation of the Attorney General and approval of the Governor.
Adds new GS 163A-9 to create certain director positions.
Adds new GS 163A-10 to specify that the Board is an independent regulatory and quasi-judicial agency.
Makes conforming changes to GS 115D-2.1, GS 116-7, GS 120-102, GS 120-103.1, GS 120-104, GS 120C-100(a), Chapter 138A of the General Statutes, GS 143-47.7, GS 143B-350, GS 143B-417, GS 147-64.6, GS 147-64.6B, GS 150B-1, GS 163-278.30, Chapter 120C of the General Statutes, and GS 163-278.
Directs the Board to adopt rules regarding the conduct of its hearings. Directs county and municipal boards of elections to refer all complaints concerning campaign finance to the Board.
Transfers (1) the State Ethics Commission; (2) the campaign finance functions of the State Board of Elections; and (3) the lobbying registration and enforcement functions of the Secretary of State to the Board.

Amends GS 14-269(b) to provide that a qualified retired law enforcement officer as defined in GS 14-415.10 and certified under GS 14-415.26 is exempt from the prohibition against carrying concealed weapons, except while consuming or having in his or her body alcohol or unlawful controlled substances. Effective December 1, 2011.

Amends GS 84-5 by adding a new subsection (c), providing that a tax-exempt nonprofit corporation operating as a professional and trade association or business league is not prohibited by GS 84-5 from providing legal services to its members by attorneys duly licensed in NC, where the corporation is not allowing unlicensed individuals to control the manner or course of the legal services. Requires the corporation to continually satisfy the requirements of its nonprofit status. Provides that the corporation may charge for and collect charges for the legal services of its officers, employees, and agents rendered to its members, and may compensate those who render the services.

Amends GS 24-1.1E(a)(5) as title indicates. Effective October 1, 2011.

Amends GS 115C-12 to (1) require the State Board of Education (BOE) to permit schools and local board of education to submit all reports due to the Department of Public Instruction (DPI) electronically; (2) direct the BOE and DPI to consolidate all plans that affect the school community, including school improvement plans, school safety/discipline plans, and others, and post the consolidated plan on each school’s Web site; (3) require the BOE to report to the Joint Legislative Education Oversight Committee by November 15 of each year on the reports it has consolidated or eliminated for the upcoming school year; and (4) require the BOE to adopt policies to streamline the process for local school administrative units to apply for state funding.
Amends GS 115C-47(18) to (1) direct each local board of education to identify software protocols that could be used to minimize repetitious data entry by teachers prior to the beginning of each school year; (2) appoint a person or establish a local paperwork control committee to monitor all reports and other paperwork required of teachers by the central office and to monitor teachers’ access to software protocols that minimize repetitious data entry; and (3) make other conforming changes.
Amends GS 115C-105.27 to specify that a local school administrative unit is not required to prepare an additional plan if a school improvement plan adequately covers the other plan that the local administrative unit is otherwise required to prepare.
Directs the Department of Health and Human Services (DHHS), in consultation with the More at Four Program and the Smart Start Program, to review all reporting requirements imposed on the public schools relating to the operations of the programs and child care regulation requirements and to reduce the frequency of reporting as appropriate. Requires DHHS to report to the General Assembly on its implementation by October 1, 2011.
Repeals GS 115C-102.6C and GS 115C-102.6D(d).
Amends GS 115C-102.7 to eliminate requirement that DPI randomly check local school system technology plans to ensure that local school administrative units are implementing their plans as approved.
Amends GS 115C-302.1(b) to specify that teachers may only be paid for the days employed as of a set pay date. Prohibits payment for a full month when days employed are less than a full month.
Repeals GS 115C-105.41.
Applies beginning with the 2011-12 school year.

Enacts a new Article 5B in GS Chapter 62 to be known as the Appalachian Mountains Preservation Act. Includes findings and purpose regarding the negative impact of mountaintop removal coal mining on the Appalachian Mountains.
Prohibits electric public utilities that operate coal-fired generating units in North Carolina from purchasing or using coal that is extracted by mountaintop removal coal mining. Authorizes the NC Utilities Commission (Commission) to adopt rules to implement proposed new Article 5B. Defines coal-fired generating unit as defined in GS 62-133.6 and mountaintop removal coal mining to mean any method of surface coal mining that removes a mountaintop or ridgeline, whether or not the mined area will be returned to its approximate original contour.
Requires each electric public utility that operates a coal-fired generating unit located in the state to secure the sworn statement of an authorized officer from the coal provider attesting that the coal the utility agrees to purchase or use was not, nor will be, extracted using mountaintop removal coal mining. Specifies information that must be included in the sworn statement.
Directs each public utility to provide the Commission, on the fifteenth of each month, a report itemizing its costs for purchasing or using coal extracted by a method other than mountaintop removal coal mining. Requires that as a part of its annual report, each electric public utility operating a coal-fired generator in NC submit to the Commission copies of each required sworn statement and each purchase contract. Provides additional guidelines regarding information regarding rate determinations, determining compliance, and confidentiality of information. Provides for penalties for any electric public utility company that is in violation of the prohibition against contracting to purchase or use coal extracted by mountaintop removal coal mining or in violation of the monthly or annual reporting requirements.
Enacts new GS 62-133.10 in Article 7 of GS Chapter 62 to provide for cost recovery through an annual rider for the incremental cost of purchasing or using coal extracted by a method other than mountaintop removal coal mining.
The above indicated provisions are effective January 1, 2012, and apply to contracts to purchase coal entered into on or after that date.
Amends the GS 130A-290(a) to modify the definition for combustion products landfill and to add definitions for the terms fully encapsulated and structural fill. Makes organizational changes. Amends GS 130A-294(a) to provide that the permit requirements of this section apply to a solid waste disposal site for there use of combustion products and a solid waste disposal site for structural fill unless the end product or structural fill is fully encapsulated in such a way as to prevent the leaching of coal combustion residual constituents. Prohibits a solid waste disposal site for the reuse of combustion products or for structural fill when the end product or structural fill is not fully encapsulated. Amends GS 130A-295.8(c) and (d) to expand the fee schedule for permits to include permit application fees for disposal sites for the reuse of combustion products or for structural fill consistent with the provisions of GS 130A-294(a). Fee amount varies depending on the type of permit sought, whether new, amendment, or modification, and based on the annual tonnage of the combustion products. The above indicated provisions are effective January 1, 2012 and applies to combustion products that are reused or disposed of on or after that date.
Creates The Electric Utility Ratepayers Relief Act (Relief Act). Enumerates findings by the General Assembly to support its finding that for a certificate issued before the current recession, construction of a new coal-fired generating unit is no longer in the public interest. Provides that the purpose of the Relief Act is to promote economic relief to public utility ratepayers by temporarily prohibiting the issuance of any new certificate authorizing the construction of a coal-fired generating unit by the North Carolina Utilities Commission and requiring the suspension of any certificate issued before July 1, 2011 for any generating unit not in operation by July 1, 2011, unless the new or pre-July 1, 2011 certificate is for a coal-fired generating unit that is carbon neutral.
Provides definitions as follows: (1) carbon neutral means emitting no carbon dioxide into the atmosphere and includes employing a technique to absorb carbon dioxide so that it is not emitted into the atmosphere; (2) certificate as defined in GS 62-3; (3) coal-fired generating unit as defined in GS 62-133.6; and (4) public utility as defined in GS 62-3. Declares a moratorium on the issuance of a certificate to operate a coal-fired generating unit pursuant to any application filed with the NC Utilities Commission (Commission) on or after July 1, 2011 unless the unit is carbon neutral. Temporarily suspends any certificate issued prior to July 1, 2011 for construction of any coal-fired generating unit that has not begun operations as of July 1, 2011, unless the coal-fired unit is carbon neutral. Does not prohibit costs recovery for an electric public utility. Provides for penalties for construction of a coal-fired generating unit in violation of this act.
Except as otherwise indicated, effective when the act becomes law.

Amends GS 62-133.8(a) to define 'plantation-grown wood,' to add plantation-grown wood to the definition of 'renewable energy resource,' and to specify that whole trees from natural forests or other nonplanted forests are not included in the definition of 'renewable energy resource.' Repeals GS 62-133.8(f).
Amends GS 160A-201 and GS 153A-144 to specify what restrictions on the use of a solar collector will be deemed unreasonable, and eliminates subsection (c) of each statute, which currently allow ordinances prohibiting certain placement of solar collectors visible to a person on the ground. Amends GS 22B-20 to specify what provisions of a deed restriction, covenant, or similar agreement restricting the use of solar collectors will be considered unreasonable, and eliminates subsection (d), which currently allows deed restrictions, covenants, and similar agreements prohibiting certain placement of solar collectors visible to a person on the ground. Effective October 1, 2011.

Enacts new GS 90-113.74A to require each person authorized to prescribe or dispense a controlled substance to a patient to first review all information pertaining to the patient in the controlled substances reporting system for the preceding 12-month period to determine if the prescription is medically necessary and appropriate. Provides that this requirement does not apply in an emergency situation in which immediate action is necessary to preserve the life or health of a patient. Authorizes the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules to implement the section.
Effective October 1, 2011.

Authorizes the Legislative Research Commission (Commission) to study the feasibility of using inmate labor to rehabilitate unused State-owned buildings and to salvage historical properties that have fallen into disrepair. Specifies certain issues that the Commission must look at and requires the Commission to develop an inventory of eligible facilities for rehabilitation and plot those buildings on a state map.
Requires the Commission to make an interim report to the 2011 General Assembly, including any proposed legislation, when it reconvenes in 2012, and to make a final report, including any proposed legislation, to the 2013 General Assembly.
Directs the Legislative Services Officer to allocate funds appropriated to the General Assembly for the Commission's expenditures.

Amends GS 115C-341 to authorize local boards of education to purchase interests in custodial accounts pursuant to Section 401(f), Section 403(b)(7), and related sections of the Internal Revenue Code for the benefit of qualified employees with funds derived from the reduction in the salaries of such employees.
Enacts new GS 115C-341A to authorize the Department of State Treasurer to establish a centralized list of approved third-party vendors of annuity contracts and custodial accounts, pursuant to which employees of local school boards may enter into nonforfeitable annuity contracts by way of salary reduction through the Department of State Treasurer. Specifies six criteria that must apply to the Department of State Treasurer's Section 403(b) offerings to employees of local school boards.
Effective July 1, 2011.

Enacts a new GS Chapter 1F to establish the North Carolina Apportionment of Tort Responsibility Act. Defines contributory fault as contributory negligence, misuse of a product, unreasonable failure to avoid or mitigate harm, and assumption of risk unless the risk is expressly assumed in a legally enforceable release or similar agreement. Defines released person as a person that would be liable for damages if the person had not been discharged from liability under proposed GS 1F-35 (Effect of release), GS 1F-40 (Reduction of worker’s compensation lien and subrogation right), or GS 1F-45 (Reduction of state’s lien and subrogation right). Also includes definitions for the following: (1) intentional wrongful conduct, (2) nonpunitive damages, (3) party, (4) person, (5) property, (6) responsibility, and (7) willful or wanton conduct.
Provides that in an action seeking damages for personal injury, wrongful death or harm to property based on negligence or on any other tort claim for which the claimant may be subject to a defense in whole or part based on contributory fault, the claimant’s recovery is diminished by the percentage of responsibility assigned to the claimant, or in a wrongful death case, the decedent, pursuant to proposed GS 1F-15. Prohibits the claimant from recovering any damages if the contributory fault is greater than the combined responsibility of all parties and released persons that caused the injury or harm to the claimant; however, provides an exception that any contributory fault attributable to the claimant, or in a wrongful death claim, to the decedent, does not diminish the amount the claimant would otherwise recover as damages against any party whose intentional wrongful conduct resulted in injury, wrongful death, or harm to property giving rise to the claim. Provides additional guidelines regarding the effect of contributory fault on the claimant’s right to recover damages. Requires the court to instruct the jury in a jury trial as to the legal effect of its findings made under proposed GS 1F-15 (finding damages; attribution of responsibility) on a claimant’s right to recover damages.
Requires that in an action to recover damages for personal injury, wrongful death, or harm to property involving the responsibility of more than one party, released person, or in a wrongful death claim the decedent, the trier of fact must make the following findings: (1) state the amount of damages that a claimant, or in a wrongful death claim, the decedent, would be entitled to recover if any contributory fault was disregarded; (2) state, as to each claim, the percentage of total responsibility attributed to each party, released person, and in a wrongful death claim, the decedent, which caused the injury or harm, with the total of all percentages being equal to 100%; and (3) any other issue of fact fairly raised by the evidence which is necessary to make a determination of the damage award or to enter or modify a judgment. Provides that the trier of fact consider the nature of the conduct and the extent of the causal relation between the conduct and the damages claimed when determining the percentages of responsibility. Requires the court to determine the extent to which the responsibility of one party, which is based on the conduct of another party, warrants that the parties be treated as a single party. Provides that nothing in this section alters the right of any party to move for a separate trial of any issue or claim pursuant to GS 1A-1, Rule 42(b).
Requires that after the trier of fact has made findings under GS 1F-15, the court is to determine the monetary amount of any award of damages to the claimant, the amount of the several share for which each party found responsible is liable, and any amount attributable to a released person. Also provides criteria under which the court may reassign any percentage of contributory fault attributed to a claimant, or in a wrongful death claim, the decedent to any party or released person whose intentional wrongful conduct resulted in the injury, wrongful death, or harm to property giving rise to the claim. Requires the court to enter the judgment severally against each party adjudged liable, except in specified circumstances where the court may enter a judgment jointly and severally against the parties, and allows for modification of the judgment if the damages are reallocated.
Provides for a third-party action, allowing a party subject to liability for personal injury, wrongful death, or harm to property under GS Chapter 1F (1) to join a person that is also subject to liability and (2) to prevent, by objecting, the voluntary dismissal of any party who is not a released person. Provides that the provisions of Article 1 of GS Chapter 1B do not apply against parties against whom judgment is entered severally and not jointly under GS Chapter 1F.
Provides that a release, covenant not to sue, covenant not to execute a judgment, or similar agreement discharges the person, as well as any other person expressly provided for in the agreement, from liability and liability for contribution. Provides that if an employer or workers’ compensation insurer asserts a lien or right of subrogation under GS 90-10.2, the employer is deemed to have had its obligation to the employee for the compensation benefits paid or payable discharged as if the employer or insurer received a release, covenant not to sue, covenant not to execute a judgment, or similar agreement with the employee. An employee that asserts that the lien or right of subrogation should be reduced because of the employer’s fault must give notice to the employer or insurer so that they may intervene in the employee’s action for personal injury. Provides that nothing in this section is intended to diminish or increase the rights and obligations under GS 97-10.2(j) (rights and remedies against third parties). Provides that if the State asserts a lien or right of subrogation under GS 127A-110, the State is deemed to have had its obligation to the guardsman for the compensation benefits paid or payable discharged as if the State received a release, covenant not to sue, covenant not to execute a judgment, or similar agreement with the guardsman. A party that asserts that the lien or right of subrogation should be reduced because of the State’s fault must give notice to the State so that they may intervene in the employee’s action for personal injury. Provides that nothing in GS Chapter 1F modifies existing law governing apportionment of damages resulting from divisible injuries.
Amends GS 8-58.1 to provide that the amount paid for medical treatment plus the amount of unpaid medical expenses necessary to discharge the liability to the service provider establishes a rebuttable presumption that the amount is reasonable in any action to recover damages for personal injury or wrongful death in which parties may introduce evidence of past medical expenses. Adds new Rule 414 to Article 4 of GS Chapter 8C to provide that in any action to recover damages for personal injury or wrongful death, evidence offered to prove past damages for medical expenses is limited to the amounts necessary to discharge the liability incurred by or on behalf of the injured party. Does not limit the admissible evidence to prove the reasonable value of volunteer services provided to an injured party.
Enacts new GS 143-300.1B to provide that in tort claims against state departments and agencies where liability is based upon acts or omissions that constitute contributory fault, the provisions of GS Chapter 1F apply.
Makes conforming changes to the following: GS 1-139, 1A-1, Rule 8(c), 1B-1, 20-135.2A, 20-137.4(f), 28A-18-2, 99B-1.1, 99C-4, 143-291(a), and 143-299.1.
Repeals GS 20-137.1(d)(4), GS 20-171.9(c) (regarding negligence and liability pertaining to bicycle helmet and restraining seat use) and GS 99B-4 (liability in product liability action).
Effective January 1, 2012, and applies to actions accruing on or after that date.

Enacts new GS 108A-52.1 requiring the Department of Health and Human Services to issue benefits recipients an electronic benefits transaction card that contains a color photograph of the recipient and the recipient’s full name, mailing address and residence address, physical description, including sex, height, eye color, and hair color, date of birth, and signature. Requires provision for one additional individual to use the card on recipient’s behalf and to be named on the card. Provides for replacement cards and specifies the charges to the recipient for such replacements. Effective July 1, 2011.

Repeals GS 115C-390 and GS 115C-391.
Adds new GS 115C-390.1 to define terms and require that the policies and procedures for the discipline of students be consistent with certain federal laws and regulations.
Adds new GS 115C-390.2 to require local boards to adopt policies to govern the conduct of students and establish procedures for disciplining students. Board policies: (1) must include or provide for the development of a Code of Student Conduct; (2) may authorize suspension for conduct not occurring on educational property if the student’s conduct violates the Code of Student Conduct and the conduct has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environments; (3) may not allow students to be long-term suspended or expelled from school solely for truancy or tardiness offenses and may not allow short-term suspension of more than two days for such offenses; (4) may not impose mandatory long-term suspensions or expulsions for specific violations unless otherwise provided in state or federal law; (5) must minimize the use of long-term suspension and expulsion by restricting the availability of long-term suspension or expulsion to offenses deemed to be serious violations of the board’s Code of Conduct that either threaten the safety of students, staff, or school visitors or threaten to substantially disrupt the educational environment; (6) may not prohibit the superintendent and principals from considering the student's intent, disciplinary and academic history, the potential benefits to the student of alternatives to suspension, and other mitigating or aggravating factors when deciding whether to recommend or impose long-term suspension; and (7) must include the procedures to be followed by school officials in suspending, expelling, or administering corporal punishment to any student. Requires the local board to publish all policies, administrative procedures, or school rules and make them available to each student and parent at the beginning of each school year and upon request.
Adds new GS 115C-390.3 to provide that: (1) school personnel may use physical restraint only in accordance with GS 115C-391.1; (2) school personnel may use reasonable force to control behavior or to remove a person from the scene in certain, specified circumstances; and (3) no officer or employee of the State Board of Education or of a local board of education may be held civilly liable for using reasonable force in conformity with State law, State or local rules, or State or local policies.
Adds new GS 115C-390.4 to require each local board of education to determine if corporal punishment is permitted in its school administrative unit. Specifies minimum requirements that must be included in any policy for administering corporal punishment. Requires each local board of education to report annually to the State Board of Education on the number of times that corporal punishment was administered and specifies certain information that must be included in the report.
Adds new GS 115C-390.5 to authorize a principal to impose short-term suspension on a student who willfully engages in conduct that violates a provision of the Code of Student Conduct authorizing short-term suspension. Requires that a student on short-term suspension be provided with the opportunity to take textbooks home for the duration of the suspension, to receive, upon request, all missed assignments and materials distributed to students, and the opportunity to make up certain missed examinations.
Adds new GS 115C-390.6 to prescribe procedures for imposing a short-term suspension.
Adds new GS 115C-390.7 to authorize a principal to recommend to the superintendent the long-term suspension of any student who willfully engages in conduct that violates a provision of the Code of Student Conduct that authorizes long-term suspension. Specifies that only the superintendent has the authority to long-term suspend a student. Requires student to be afforded opportunity for a hearing consistent with GS 115C-390.8 before a long-term suspension may be imposed. Provides that if a teacher is assaulted or injured by a student and as a result the student is long-term suspended or reassigned to alternative education services, the student shall not be returned to that teacher's classroom unless the teacher consents. Specifies that disciplinary reassignment of a student to a full-time educational program that meets the academic requirements of the Standard Course of Study and provides the student with the opportunity to make timely progress towards graduation and grade promotion is not a long-term suspension requiring due process procedures.
Adds new GS 115C-390.8 to prescribe procedures for imposing a long-term suspension.
Adds new GS 115C-390.9 to require that students who are long-term suspended be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. Affords a student the right to seek review of a superintendent’s decision to decline to offer alternative education services by the local board of education.
Adds new GS 115C-390-10 to require local boards of education to implement the federal Gun Free Schools Act, requiring suspension for 365 calendar days of any student who is determined to have brought or been in possession of a firearm or powerful explosive on educational property, or to a school-sponsored event off of educational property. Permits the superintendent to modify the 365 day suspension on a case-by-case basis. Requires the principal to report all incidents of firearms or powerful explosives on educational property or at a school-sponsored event. Specifies that statutory provisions do not apply to a firearm that was brought onto school property for activities approved and authorized by the local board of education. Requires superintendent to inform student and parent of student who is suspended for 365 days of right to petition the local board of education for readmission pursuant to GS 115C-390.12. Provides that the provisions of GS 115C-390.8 and GS 115C-390.9 apply to a student who is suspended for 365 days.
Adds new GS 390.11 to authorize a local board of education, upon recommendation of the superintendent, to expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff. Requires local board to conduct a hearing to determine whether the student's continued presence in school constitutes a clear threat to the safety of other students or school staff. Requires that student be given reasonable notice of the recommendation in accordance with G.S. 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the scheduled hearing. Specifies that the procedures described in G.S. 115C-390.8(e)(1)-(8) apply to students facing expulsion, except that the decision to expel a student by the local board of education must be based on clear and convincing evidence that the student's continued presence in school constitutes a clear threat to the safety of other students and school staff. Authorizes a local board of education to expel any student subject to G.S. 14-208.18 in accordance with the procedures of the statute. Specifies that the local board of education must consider whether there are alternative education services that may be offered to the student. Requires that a student be provided notice of the right to petition for readmission pursuant to GS 115C-390.12 at the time the student is expelled. Prohibits a student who is expelled to be present on any property of the local administrative unit.
Adds new GS 115C-390.12 to prescribe procedures for students who are suspended for 365 days or expelled to petition for readmission.
Makes conforming and clarifying changes to GS 115C-391.1(i), GS 115C-12(27), GS 115C-45(c)(1), GS 115C-105.47(b)(6), GS 115C-105.47(b)(13), GS 115C-238.29B(b)(11), GS 115C-238.29F(g)(7), GS 115C-276(r), GS 115C-288(e), GS 115C-366, GS 115C-402(b), GS 14-208.18(f), and GS 20-11(n1)d.2.
Applies beginning with the 2011-12 school year.

Amends GS 119-91 to specify that the education certification requirement does not apply to licensed family child care home providers, substitute teaching staff, part-time staff, summer program staff, or volunteers. Makes conforming changes.

Authorizes the Legislative Research Commission to study the State’s criminal and sentencing laws regarding sex offenses and the State’s sex offender registration laws. Specifies that the Commission may consider the offenses that currently require registration; whether there are offenses that should be added to or deleted from the registration requirement; whether the registration requirements should be modified; whether the amount of time an individual is required to remain on the registry for a sex offense should be increased, decreased, or remain as it is; the federal requirements regarding sex offender registration and may also compare the sex offender registration laws in North Carolina with those of other states; and any other issues relevant to this study.

Amends GS 90-87(16) to clarify what parts of the plant are not included in the definition of “marijuana” and to specify that the weight to be used for marijuana above a certain moisture content is the approximate weight of the marijuana without such moisture. Amends GS 105-113.106(6) to include every manufacture of the plant. Amends GS 105-113.107(a1) to specify that the weight to be used for marijuana above a certain moisture content is the approximate weight of the marijuana without such moisture. Effective October 1, 2011 and applies to any criminal offense committed in violation of Article 5 or 5B of Chapter 90 and to any tax imposed under Article 2D of Chapter 105.