House committee substitute makes the following changes to 1st edition.
Adds new section amending GS 20-28.2 to permit a judge to determine whether the vehicle driven at the time of the offense is subject to a forfeiture order. Allows the determination to be made: (1) at a sentencing hearing for the underlying felony speeding to elude arrest, (2) at a separate hearing after conviction of the defendant, or (3) at a forfeiture hearing held at least 60 days after the defendant failed to appear at the scheduled trial for the underlying offense, provided the defendant’s order of arrest for failing to appear has not been set aside. Specifies that the vehicle becomes subject to forfeiture if the greater weight of the evidence shows that the defendant is guilty of felony speeding to elude arrest as defined. Makes a conforming change to GS 20.28.2(d). Adds a definition for speeding to elude arrest acknowledgment, as distinguished from impaired driving acknowledgement. Clarifies the definition for innocent owner to mean a motor vehicle owner who, if the offense resulting in seizure was an impaired driving offense, (1) did not know and had no reason to know that the defendant’s drivers license was revoked or that the defendant had no valid drivers license and no liability insurance, or (2) knew either piece of information but the defendant drove the vehicle without the person’s permission, and the owner files a police report and agrees to prosecute, or who, if the offense resulting in seizure was a felony speeding to elude arrest offense, did not give the defendant permission to drive the vehicle and the owner files a police report and agrees to prosecute the unauthorized operator of the motor vehicle, or who falls under another category in existing law. Makes a conforming change. Amends GS 20-28.2(c1), clarifying that if a motor vehicle subject to forfeiture was damaged while the defendant operator was committing the underlying offense resulting in seizure (rather than offense involving impaired driving), then the Division of Motor Vehicles (DMV) must determine liable insurance companies. Amends GS 20-28.2(e), explaining that release of a vehicle to an innocent motor vehicle owner will only be ordered after satisfactory proof of, among other things, the execution of an impaired driving acknowledgment or a speeding to elude arrest acknowledgment, as defined. Makes a conforming change, and adds the same requirement to GS 20-28.3(e) (criteria required to release vehicle to nondefendant owner). Makes additional clarifying and conforming changes.
Amends GS 20-28.3(e2), adding that if the seizure was for a felony speeding to elude arrest offense, then the defendant motor vehicle owner may apply to the clerk of superior court in the county where charges are pending for pretrial release of the vehicle. Directs the clerk to release the vehicle to the defendant owner after payment of all charges, and under four specified conditions. Specifies procedure when a defendant motor vehicle owner obtains temporary possession of a seized vehicle and does not return the vehicle on the day of the forfeiture hearing or otherwise violates a condition of pretrial release. Makes other clarifying changes, and makes clarifying changes to GS 28.3(l). Makes additional clarifying and conforming changes.
Adds a new section amending GS 20-28.4(a) to clarify that a seized vehicle will be released, as specified, if the driver is subsequently not convicted of the underlying offense resulting in seizure (rather than an offense involving impaired driving) due to dismissal or a finding of not guilty, if the judge at the forfeiture hearing finds that the criteria for forfeiture have not otherwise been met (rather than fails to find that the drivers license was revoked as a result of a prior impaired driving revocation), and additional conditions under existing law are fulfilled.
Adds new section amending GS 20-28.8, directing the clerk of superior court to also electronically report impaired driving acknowledgments and speeding to elude arrest acknowledgments to the DMV, as defined. Adds new section amending GS 20-54.1 (forfeiture of right of registration), directing DMV to revoke the registration of all motor vehicles registered in the convicted person’s name, upon receipt of notice of conviction of a felony speeding to elude arrest offense, and to not register a vehicle in that person’s name until the person’s license is restored. Directs the convicted person to surrender registration to the DMV within 10 days of the date of notice to revoke registration.
Amends GS 20-141.5 to delete language applicable to owners or holders of security interests in vehicles subject to forfeiture, and makes other conforming changes.
Changes the act’s effective date to December 1, 2011 (was, October 1, 2011), applicable to offenses committed on or after that date.

Amendments to the Constitution. Subject to approval by the voters at the November 6, 2012 statewide election, amends Section 4 and Section 5 of Article IX of the North Carolina Constitution to (1) make the Superintendent of Public Instruction (Superintendent) the head of the Department of Public Instruction (DPI), (2) to make the State Board of Education (SBE) an advisory body, and (3) to modify the membership of the SBE to include the Lieutenant Governor, the Treasurer, Superintendent and three appointees by the Governor, four appointees by the Speaker of the House of Representatives, and four appointees by the President Pro Tempore of the Senate. Provides that if a majority of votes are cast in favor of these proposed constitutional amendments that the amendments become effective January 1, 2013. Under current law, the SBE is the head of DPI, the SBE is a decision making body with regards to public education, and the Governor appoints eleven members of the SBE, the additional members are the Lieutenant Governor and the Treasurer. Currently, the Superintendent serves as the secretary and chief administrative officer of the SBE.
Conforming changes to the statutes. Amends GS 143A-44.2 to provide that all the duties, powers, rights, and obligations of the SBE are transferred to the Superintendent and that wherever the SBE is referred to by law, contract, or other document, that reference applies to the Superintendent. Amends GS 143A-44.3 to provide that the SBE as provided for by Article IX, Section 4 of the Constitution, as amended in this act, is located in the Department of Public Instruction. Also provides that the SBE is to serve in an advisory capacity to the Superintendent on the supervision and administration of the free public school system and educational funds provided for its support. Makes conforming changes to multiple Chapters of the General Statutes to reflect the proposed constitutional change in the powers, duties, and responsibilities of the Superintendent and the SBE, transferring the powers, duties, and responsibilities vested in the SBE to the Superintendent and identifying the Superintendent as the appropriate decision making authority with regards to the supervision and administration of the free public school system in this state and the educational funds provided for its support. Provides that these changes become effective only if the qualified voters approve the constitutional amendments set out in this act. Provides that if the voters approve the constitutional amendments, the conforming changes become effective January 1, 2013.

Amends GS 95-25.13 to add that an employer must notify employees of the full name, mailing address, and telephone number of the employer and the federal and state tax ID number of any employer who is not a natural person. Adds new GS 95-25.23D to provide a cause of action for violations of the notification provision. Remedies that may be awarded by a court include actual damages (lost wages and benefits plus interest), statutory damages, and injunctive or declaratory relief. Reasonable attorney fees and costs may be awarded to a prevailing plaintiff or to a defendant if the court determines the action was frivolous. Actions may be initiated by the Commissioner of Labor, who may also determine and supervise payments to employees who agree to waive the right to bring an action. Prior to initiating any action, the Commissioner must exhaust all administrative remedies, including giving the employer notice of the pending action and the opportunity to be heard on matters at issue. Actions must be brought within four years or within one year after notification to the employee of final disposition by the State of a complaint for the same violation, whichever is later.
Amends GS 95-25.22 to provide that actions for recovery of unpaid wages must be brought within two years or within one year after notification to the employee of final disposition by the State of a complaint for the same violation, whichever is less.

Establishes a new program to be administered by the Department of Revenue (Department) during the period of July 1, 2011 through June 30, 2012. Under the program, if a person has an overdue tax debt, as defined by GS 105-243.1, incurred between January 1, 2008 and December 31, 2011, the Department (1) may not initiate a new criminal prosecution for failure to report or pay taxes and (2) must waive all penalties if the person pays in full the taxes due, plus 50% of the interest due. Tax preparers involved with preparing returns related to such unreported or underreported taxes under the program are also exempt from criminal prosecution. Requires taxpayers to file necessary paperwork and make required payments by June 30, 2012. Authorizes the Department to draw up to $1,100,000 from collections to pay for the new program.

Identical to S 254, filed 3/8/11.

Enacts new subsection (a2) to GS 55B-6 to allow any person to own up to 49% of the stock of a professional corporation providing legal services under GS Chapter 84 (regulating attorneys), provided five enumerated criteria are met, including the requirement that licensees own and control voting stock representing at least 51% of the votes entitled to be cast in the director election for the professional corporation. Makes other technical and conforming changes. Effective October 1, 2011.

Identical to S 477, filed 3/30/11.

Amends GS 58-36-30 (deviations) and GS 58-37-35 (the facility; functions; administration) as the title indicates. Adds new subsection (e) to GS 58-36-30 providing that the provisions of the proposed subsection only apply to setting rates for nonfleet private passenger motor vehicle liability insurance. Provides process for an insurer to deviate from the rate set by the North Carolina Rate Bureau. Provides that the Commissioner of Insurance may disapprove a request for a rate deviation only if the commissioner determines that the filing is excessive, inadequate, or unfairly discriminatory. Provides process to be followed if, after a hearing, the commissioner disapproves a deviation filing.
Amends GS 58-37-35 to provide that the phaseout of the "clean risk" subclassification within the reinsurance facility is to take place over a five-year period ending on December 31, 2017. Makes conforming changes to GS 58-37-35 effective January 1, 2018.
Except as otherwise indicated, effective January 1, 2012.

Establishes new 15-member study committee charged with examining compensation of employees serving on state boards and commissions and to determine whether compensation schemes should be modified to maximize the efficiency and effectiveness. Requires a final report to the 2013 General Assembly upon its convening, at which time the committee terminates.

Under current law, GS 95-25.14(a) includes an exemption to the state laws governing minimum wage, overtime, youth employment, and recordkeeping for a person employed in agriculture (as defined by federal law). Act amends the agricultural exemption to limit it to circumstances where the person is employed on a farm owned or operated by the person’s family or legal guardian or a person standing in loco parentis to the person. Also amends GS 95-25.5(c), which provides restrictions and conditions for employment of youth, to allow youth who are 14 or 15 years old to be employed in agriculture if certain conditions related to the youth’s working hours are satisfied. Applies to youths employed on or after the date when the Act becomes law.

New Article 17A of GS Chapter 115C sets nutritional standards for school meals, promotes local food sourcing, sets minimum physical and health education activities, provides for the development of school gardens and local wellness policies, and establishes the Healthy Schools Fund (fund) to support these activities. The non-reverting Fund would be funded by annual appropriations and administered by the State Board of Education.
In addition to meeting federal nutritional standards, breakfast and lunch meals served to students in public schools must meet standards set forth in the act for maximum saturated fat, trans fat, and sodium. Sets additional requirements for public school meals, including giving students at least 30 minutes to eat, offering free breakfast to all students, and providing meals that meet the dietary needs of children with diagnosed medical conditions. Sets standards for beverages and snack foods provided by or sold through vending machines, fund-raisers, snacks, and after-school programs. Requires each local school administrative unit to establish a facility for preparing, processing, growing, and storing healthy and nutritious foods and requires public disclosure of the ingredients and nutritional content of food menu items. Requires schools to serve locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture practices whenever possible. Requires the Department of Public Instruction (DPI), in conjunction with the Department of Health and Human Services, Department of Agriculture and Consumer Services, community organizations, food services providers, and public schools to develop programs to promote the benefits of purchasing and eating locally grown and unprocessed foods from growers engaged in sustainable agriculture practices.
Sets minimum minutes required per week for physical education and health education in public schools and charter schools. Requires students with disabilities to have suitably adapted physical education incorporated in their individualized education plans. Requires the State Board of Education to annually report to the General Assembly on school compliance with physical and health education standards.
Establishes an environmental programs office in DPI to, among other things, develop a master recycling plan for public schools, analyze utility usage, establish an integrated pest management program, test drinking water, and post environmental testing online. Requires the State Board of Education to report by December 31, 2011, to the General Assembly on implementation of recycling, composting, energy reduction, pest management, air quality, and environmentally friendly cleaning supplies in public schools.
Requires DPI, in conjunction with the Department of Environment and Natural Resources to develop an environmental literacy plan for public and charter schools. Establishes a School Gardens Program to develop and integrate gardens into school curricula. Requires the development of local wellness policies that include goals for improving the environmental sustainability of schools, increasing the use of locally grown, locally processed, and unprocessed foods, and increasing physical activity. Requires schools to submit annually to DPI a report profiling information (specified in the act) about their health programs, nutrition programs, physical and health education, and wellness policies. Requires the Department of Health and Human Services (DHHS), in conjunction with local school administrative units, charter schools, and DPI, to develop a plan to establish and operate school health centers in public schools and public charter schools by December 31, 2016. Provides that the square footage of a nurse’s suite must not be a determining factor as to whether or not a school nurse is placed at a public charter school. Establishes the Healthy Youth and Schools Commission to advise the State Board of Education and the General Assembly on health, wellness, and nutritional issues concerning youth and schools in the state. The State Board of Education must appoint the 13 Commission members, who must be experts in health, wellness, or nutrition, parents, teachers, or students. Commission members will serve no more than two, three-year terms.
Requires, when economically feasible, all elementary and secondary public schools, and all non-public schools with 50 or more students, to establish a green cleaning policy and exclusively purchase and use environmentally sensitive cleaning products pursuant to guidelines and specifications developed by the Healthy Youth and Schools Commission, DHHS, the State Board of Education, and other stakeholders. No State funds may be appropriated to implement this portion of the act.

Amends GS 166A-15, which extends immunity to owners of real or personal property in some situations, to clarify that the immunity applies anytime the property is used for activities or functions related to emergency management as provided for in state law. Clarifies that the immunity applies only if the use of the property is used pursuant to a request of the State government or a local subdivision of the State.

Amends GS 20-79.4(b) to add a special registration plate that bears the phrase “Mountains-to-Sea Trail” with a background designed by the Friends of the Mountains-to-Sea Trail, Inc. Amends GS 20-79.7 to establish a special plate fee of $30. Distributes $10 of the fee amount to the Special Registration Plate Account and $20 to the Collegiate and Cultural Attraction Plate Account (CCAPA). Amends GS 20-81.12 to direct the Division of Motor Vehicles to make a quarterly transfer of the money in the CCAPA earned from the sale of the Mountains-to-Sea plates to the Friends of the Mountains-to-Sea Trail, Inc., to be used to fund trail projects and related administrative and operating expenses. Provides that the development of the plate is contingent on receiving at least 300 plate applications. Effective July 1, 2011.

Amends GS 48-9-104(d) to provide that if an agency providing confidential intermediary services determines that the person who is the subject of the search is deceased and upon further search determines that a lineal ascendant of the person who is the subject of the search is also deceased, the agency may obtain a copy of the death certificate not only of the deceased person who is the subject of the search but also any deceased lineal ascendant of the person who is the subject of the search.

Enacts new Article 23A to GS Chapter 120 to establish the Joint Legislative Oversight Committee on Health and Human Services and to consolidate within this committee the duties currently held by of the following commissions and committees: (1) the North Carolina Study Commission on Aging; (2) the Joint Legislative Health Care Oversight Committee; (3) the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services; and (4) the Public Health Study Commission. Makes conforming statutory repeals. Charges the new Oversight Committee with examining the systemwide issues affecting the development, budgeting, financing, administration, and delivery of health and human services, and with recommending to the General Assembly ways to improve the quality and delivery of services while maintaining the effectiveness and efficiency of system administration at the state and local levels. Authorizes the committee to compel the production of documents and the attendance of state officials and employees.
The committee consists of 22 members, 11 members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom must be members of the minority party, and 11 members of the House of Representatives appointed by the Speaker of the House, at least three of whom must be members of the minority party. Members serve two-year terms and may complete a term of service even if they do not seek reelection or are not reelected to the General Assembly. One co-chair each must be appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. A quorum of the committee is 10 members.

Enacts new GS 20-137.4B to make the use of a mobile phone or additional technology device, as those terms are defined in GS 20-137.3, while committing a violation of GS Chapter 20 or any other law that results in a reportable crash resulting in death or injury, an aggravating factor in sentencing. If the aggravating factor is established, the punishment for the underlying offense must be set at the next highest level misdemeanor. If the underlying violation is a Class A1 misdemeanor or felony, the punishment must be set at the next highest level above the level at which the underlying offense would have been punished based on prior convictions. A person sentenced pursuant to the statute is ineligible for a prayer for judgment continued or a remission of court costs and fines. Effective December 1, 2011, and applicable to offenses committed on or after that date.

Enacts new GS 15A-1331B, as the title indicates. Further requires that if the court enters a prayer for judgment continued in a criminal action that is a Class B, C, D, or E felony, the court must include a condition that the state will pray judgment within 12 months and requires the court to enter a final judgment at the earlier of the time that the state prays judgment or 12 months from the date of the prayer for judgment continued order. Applies to criminal actions heard by the court on or after December 1, 2011.

Section 1 enacts new Article 11 in GS Chapter 90 as title indicates. GS 90-21.81 defines terms used throughout the new Article. GS 90-21.82 provides that a woman must provide voluntary and informed consent to receive an abortion. It also specifies the information that a physician or qualified professional must provide orally (by telephone or in person) to the woman at least 24 hours before an abortion is performed. GS 90-21.83 specifies information that the Department of Health and Human Services (Department) must compile and make available in print and online. GS 90-21.84 requires the Department to develop and maintain a stable website to provide this information and monitor the site regularly for tampering. Information required to be provided by the Act must be available in English as well as each language that is the primary language of at least 2% of the state’s population. GS 90-21.85 requires that, except in medical emergencies, at least four hours before an abortion is performed, a provider must perform an obstetric ultrasound on the woman and provide her with specific information and the opportunity to view the images and hear the fetal heart tone. GS 90-21.86 specifies the information requirements that apply in medical emergency situations. GS 90-21.87 provides that for unemancipated minors, the required consent must be obtained from both the minor and from the adult individual authorized to give consent pursuant to GS 90-21.7(a). GS 90-21.88 requires the Department to create a system to collect numerous categories of data from physicians and to issue public reports about the data on an annual basis. Physicians failing to report or who submit incomplete reports may be subject to late fees and possibly sanctions for civil contempt. GS 90-21.89 authorizes civil remedies for violations of the Act, including an action for damages, injunctive relief and authorization for awarding attorneys’ fees. GS 90-21.90 directs the court in any proceeding brought under the Act to rule on whether the anonymity of the woman involved shall be preserved from public disclosure and specifies the findings that must be included in any such order. GS 90-21.91 requires that information required by the Act must be provided in person (except information specifically authorized to be provided by telephone) and in a language the woman understands. If the woman is unable to read written materials required by the Act, the materials must be read to the woman in a language she understands. GS 90-21.92 directs a physician who has reason to believe that a woman is being coerced into having an abortion to provide the woman with information about services available to her, including rape crisis centers, shelters for victims of domestic violence, and restraining orders. GS 90-21.93 includes a severability clause.
Section 2 amends GS 90-21.7, which governs consent for abortions performed upon unemancipated minors. Under current law, written consent must be obtained from both the minor and an adult (custodial parent, legal guardian or custodian, parent or grandparent with whom the minor is living). New subsection (a1) requires the written consent be notarized and retained in the minor’s record for a certain period of time.
Section 3 requires the Department to use appropriated funds to implement the Act.
Section 4 provides that the Act is effective 90 days after it becomes law and applies to claims for relief arising on or after December 1, 2011.

Directs the North Carolina Virtual Pubic School (NCVPS) program to report to the State Board of Education (SBE) and to maintain an administrative office at the Department of Public Instruction (DPI). Requires the NCVPS Director to ensure that students residing in rural and low-wealth counties’ local school administrative units have access to e-learning course offerings and directs that the instructional opportunities are to include courses required as part of the standard course of study for high school graduation and Advance Placement (AP) offerings not otherwise available. Delineates the steps that the SBE is to take to implement an allotment formula for NCVPS beginning with the 2011-12 school year. Repeals Section 7.4 (NCVPS allotment formula) of SL 2010-31.
Directs the SBE to consider recommendations from the e-Learning Commission and the NCVPS Advisory Board in establishing the fee structure and payment structure for NCVPS. Requires the SBE to develop a separate per student fee structure adjusted upward from the in-state student fee structure by an amount determined appropriate by the SBE for students who are out-of-state, home-schooled, or attending private schools. Directs NCVPS to develop and submit to the SBE by September 1, 2011, a revenue-generating plan for selling courses to out-of-state educational entities.
Provides annual reporting requirements to the SBE and additional duties for the Director of NCVPS, and includes requirements directing the SBE to report by April 15, 2011, on its implementation of this section to the Governor’s office, the Office of State Budget and Management, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division.
Directs the SBE to reduce average daily membership (ADM) dollar allotments on the basis of ADM in grades 6-12 to provide $836,000 for the state-level operations of NCVPS for the 2011-12 fiscal year. Requires that the total fee be adjusted annually based on the percentage growth in NCVPS enrollment, ensuring the expansion of services due to increased virtual student enrollment.
Permanently transfers funds appropriated for Learn and Earn Online to be used for the following purposes: (1) $2,030,923 for NCVPS administrative salaries and benefits; and (2) the remainder to be used as an NCVPS enrollment reserve ensuring that all NC students have access to NCVPS. Directs the SBE to set guidelines for using the enrollment reserve.
Amends GS 66-58(c) to provide that its provisions regarding the sale of merchandise or services by governmental units do not prohibit the sale by the SBE of NCVPS courses to home schools, private schools, and out-of-state educational entities.
Effective July 1, 2011.

As title indicates.