House committee substitute makes the following changes to 2nd edition. Exempts retail permit holder private label brands from the provisions of GS 18B-1203(b).

AN ACT TO ABOLISH THE HIGHER EDUCATION BOND OVERSIGHT COMMITTEE, WHICH HAS COMPLETED ITS WORK. Summarized in Daily Bulletin 3/1/11. Enacted April 19, 2011. Effective April 19, 2011.

House committee substitute makes the following changes to 2nd edition. Broadens the definition of a bona fide cooking school to include schools that provide (was, primarily provide) courses or instruction on food preparation techniques that participants can replicate in their homes.

Senate amendment makes the following changes to 2nd edition. Amends 153A-77 to require that all consolidated county human services agencies comply with all applicable federal laws, rules, and regulations requiring the establishment of merit personnel systems.

Senate committee substitute makes the following changes to 1st edition. Makes technical changes only.

Amends the definition of injury in GS 97-2(6) to treat injuries to the extremities of the body like injuries to the back for the purposes of construing an “injury by accident.” Adds new GS 97-2(22) to define “suitable employment” as rehabilitative employment that exists within the competitive job market that is procured for an employee prior to or after he or she reaches maximum medical improvement that offers an opportunity to restore the employee as soon as possible to pre-injury wage. Defines “rehabilitative employment” in GS 97-2(23) as employment not available in the competitive marketplace but nonetheless necessary to return an injured worker to suitable employment after he or she reaches maximum medical improvement.
Amends GS 97-18(e) to provide that an employee may, at any time where liability has previously been established, request modification or reinstatement of compensation, and that requests that are challenged by the employer or insurer shall be heard by the Industrial Commission on an expedited basis.
Adds new subsection GS 97-18.1(f) to set out a procedure for an expedited hearing for termination or suspension of compensation. Provides in new subsections GS 97-18.1(g) and (h) that the deputy commissioner’s decision approving or disapproving the employer’s application to terminate compensation must be rendered within five days of the hearing, and that the employer may only terminate or suspend compensation if its application is approved.
Amends GS 97-25 to provide that medical compensation to an employee must be provided by the employer or insurer (was, employer). Further provides that in order to change health care providers or select a provider of their own choosing, employees must show by a preponderance of the evidence that the selected provider is reasonably intended or required to effect a cure, give relief, or lessen the period of disability.
Adds new subsection GS 97-25.6(b) to set out the procedures through which an employer or insurer may communicate with an employee’s authorized health care provider in cases of accepted compensability where the employee has chosen his or her own provider.
Adds new section GS 97-25.7 to require employers or insurers to provide vocational rehabilitation services in cases where an employee has not returned to employment paying the same or greater wages.
Raises the limit on compensation for loss of or permanent injury to any important external or internal organ or part of the body in GS 97-31(24) to $50,000 (was, $20,000).
Amends GS 97-32 to provide that orders suspending an employee’s compensation based on an unjustified refusal to return to suitable employment must specify what actions the employee should take to end the suspension, and to further provide that those actions, if taken, will automatically result in reinstatement of the employee’s compensation.
Adds new subsection GS 97-32.1(b) to provide for reinstatement of compensation for certain employees who return to rehabilitative or other employment prior to reaching maximum medical improvement.
Amends GS 97-53 to make changes to the rules for determining eligibility for compensation for compensable hearing loss, and adds new subdivision (30) covering myocardial infarction and other heart-related maladies of certain firefighters.
Adds new section GS 97-78.1 applying the standards of judicial conduct for judges to commissioners and deputy commissioners of the Industrial Commission. Amends GS 135-51 to allow a judicial retirement for commissioners and deputy commissioners serving on or after July 1, 2011, and makes conforming changes throughout GS Chapter 135. Adds new subsection GS 135-58(a7) to set out the formulae for calculating the retirement allowance for certain members who retire on or after July 1, 2011, after turning 65 or after completing 24 years or more of creditable service.
Transfers the Fraud Unit operating within the Industrial Commission to the Department of Insurance, with the Fraud Unit intact and with management functions to be performed under the direction of the Commissioner of Insurance.
Effective when it becomes law, except for the transfer of the Industrial Commission Fraud Unit, which is effective July 1, 2011.

Amends GS 90-113.73 to require the NC Department of Health and Human Services (DHHS) to maintain an electronic reporting system that provides real-time prescription information for all Schedule II through Schedule V controlled substances (current law does not require the reporting system to be electronic or that the information be provided in real-time). Further amends this statute requiring the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules requiring dispensers to report information currently required under GS 90-113.73(b) within twenty-four hours after dispensing a prescription for a Schedule II through Schedule V controlled substance (current law does not require reporting within twenty-four hours). Amends Article 5E of GS Chapter 90 (the North Carolina Controlled Substances Act) to add a new GS 90-113.74A requiring that all dispensers and providers review all information in the DHHS controlled substances reporting system pertaining to a patient for the preceding 12-month period prior to prescribing or dispensing a controlled substance to that patient to determine if the prescription is medically necessary and appropriate (emergency situations in which immediate action necessary to preserve the life or health of a patient are exempt from this requirement). Effective December 1, 2011.

Amends GS Chapter 163 to make various changes to campaign finance laws as follows.
Amends GS 163-277 to repeal immunity from prosecution for persons who testify or produce documents pursuant to an investigation, trial, or other proceeding involving violations of Article 22 of GS Chapter 163 (Corrupt Practices and Other Offenses against the Elective Franchise).
Amends GS 163-278.19B to change the purpose for which allowable contributions may be made to political parties by persons otherwise prohibited from making contributions directly to political candidates by repealing the restriction that such contributions be limited to political party headquarters building funds, and instead allowing contributions to political parties to be spent for liabilities of the political party. Liabilities of the political party shall not include staff salaries, electioneering communications, independent expenditures, contributions, or get-out-the-vote efforts.
Amends GS 163-278.34 to provide that any candidate for an elective office in the state (excluding federal offices) shall be jointly and severally liable for civil penalties assessed against the candidate’s campaign committee by the State Board of Elections if the candidate’s campaign committee has no monies with which to pay the civil penalty.
Amends GS 163-278.35 to expand requirements for preservation of campaign expenditure and contribution reports by requiring reports to be preserved for at least two years after the date of the last report filed with the appropriate board of elections (current law requires preservation for at least two years after the date of the election), and further requires that records to be preserved include any underlying documentation upon which the information in the last campaign finance report filed is based.
Repeals GS 163-278.13(e1) imposing a $1,000 limit on contributions to candidates for superior and district court judge; effect of repeal is to include candidates for superior court judge and district court judge under the $4,000 contribution limit in GS 163-278.13(a) and (b). Effective January 1, 2012, for elections held on or after that date.

Amends GS 143B-426.40A(g) (payroll deduction for payments to certain employees’ associations) and GS 135-18.8 (deduction for payments to employees’ or retirees’ associations) to provide as title indicates. Effective July 1, 2011.

Includes whereas clauses regarding the risk of uninsured motorists. Enacts new GS 20-309.3, authorizing law enforcement agencies and officers to use electronic verification systems to identify motor vehicles operating on public streets and highways and vehicular areas without the required financial responsibility. Defines an electronic verification system as a mobile or fixed device with an electronically automated camera and sensor, capable of producing photographs of a vehicle violating the financial responsibility laws. Includes additional details on the verification system’s standards and allowed use. Permits the Department of Transportation to post signs on state-maintained highways, notifying drivers about electronic verification systems. Makes a violation detected by the verification system a noncriminal violation, with a civil penalty of $300, but no license points and no insurance points. Directs the Division of Motor Vehicles (DMV) to mail notice to the registered vehicle owner cited for a financial responsibility violation including the vehicle registration number and state; the date, time, and location of the violation; and the process to pay the penalty or contest responsibility for the violation. Specifies that the notice is deemed served five days after mailing. Allows the registered owner to contest responsibility for the violation by sending an affidavit to the DMV within 30 days after receiving the notification stating either (1) the name and address of the person who had or may have had actual physical control of the vehicle at the time of the violation or (2) a statement that the vehicle was under the control of a person unknown to the owner, without the owner’s permission, during the violation, and documentation showing the reported theft or loss. Specifies that the owner waives the right to contest responsibility by failing to pay the penalty or failing to respond within 30 days. Requires an officer to notify the DMV within 48 hours of the citation or arrest if the officer cites or arrests a vehicle owner who is also cited by a verification system for a financial responsibility violation. Directs DMV to establish an administrative hearing process to review challenges, and provides an appeals procedure.
Enacts new GS 20-309.4, making the results of a properly tested and calibrated electronic verification system admissible as prima facie evidence to establish that the vehicle operator failed to carry a policy of financial responsibility. Requires judicial notice of certain rules and procedures in proceedings involving electronic verification systems.
Amends GS 20-311, which specifies action allowed by DMV when the agency is notified of a financial responsibility lapse, to make the penalty amount for all lapses in financial responsibility $300 (rather than varied amounts based on previous lapses). Clarifies that a revocation based on a failure to carry financial responsibility ends when the owner pays all assessed fines, penalties, and restoration fees, and obtains financial responsibility or transfers the vehicle. Also clarifies that the minimum revocation period based on the occurrence of an accident during a lapse of financial responsibility or the knowing operation of a vehicle without financial responsibility is 30 days. Specifies that the revocation period based on failure to respond ends when the owner responds; pays all assessed fines, penalties, and restoration fees; and obtains financial responsibility or transfers the vehicle. Requires the revocation notice to include notification that the owner’s license is revoked until the owner complies with all applicable laws. Adds that a person may have his or her license restored after all fines, penalties, and fees have been paid. Makes other conforming changes.
Directs the Department of Crime Control and Public Safety to implement the use of electronic verification systems by January 1, 2012, and to request contract proposals for the technology that include six specified standards.
Specifies that prosecutions for offenses committed before the date the act becomes law are not abated or affected, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Adds new subsections GS 160A-381(g) and GS 153A-340(j) to provide that certain municipal and county subdivision and zoning regulations relating to building design elements may not be applied to residential structures containing four or fewer structures, except in areas designated as local historic districts or listed in the National Register of Historic Places, or when the regulations are required by applicable fire and life safety codes.

Amends GS 115C-301 requiring the State Board of Education to allot additional classroom teachers to public schools containing grades K-12 that meet the criteria for geographic isolation. Geographic isolation means that the school is either (1) located in a school administrative unit with an average daily membership of less than 1.5 students per square mile or (2) located in a school administrative unit for a county containing more than 150,000 acres of National Forest owned by the Federal Government and managed by the US Forest Service pursuant to GS 104-5. Additional teachers shall be allotted to geographically isolated schools on the basis of one classroom teacher per grade level. Effective July 1, 2011.

Proposes to amend GS 163-201 as title indicates; does not include specific descriptions of proposed realigned congressional districts. Effective January 1, 2012.

Enacts new subsection (h) to GS 96-13, which details unemployment benefit eligibility conditions, providing that no individual is eligible for benefits in any week that the individual failed to perform volunteer public service as follows: (1) five hours per week during each week of the period beginning with the ninth week of benefit eligibility through the 52nd week of eligibility and (2) ten hours per week during each week of the period including and after the 53rd week of eligibility. Directs the Employment Security Commission (Commission) to adopt rules to provide, at a minimum: (1) that only unpaid service to an incorporated nonprofit, an organized religious entity, or a governmental entity or public organization qualifies and (2) that written proof must be submitted weekly. Makes falsification of written proof punishable as a Class 3 misdemeanor. Provides an exemption due to personal illness or a documented family emergency, as detailed, provided the individual makes up the service hours in the following week. Allows disqualification after a failure to perform volunteer service to be adjudicated only on the argument that the individual actually performed the service. Makes a conforming change to GS 96-8(10), clarifying that an individual is considered unemployed as to the receipt of severance pay during any week the individual is performing volunteer public service, or is engaged in another activity under existing law. Includes whereas clauses. Applies to claims made on or after the act becomes law.

Amends GS 105-130.6, clarifying that if the Secretary of Revenue finds that a corporation’s report of net income does not disclose the corporation’s true earnings in NC, due to payments to or charges by the parent, subsidiary, or affiliated corporation in excess of fair market value in intercompany transactions, then the Secretary may require the corporation to file a consolidated return of all operations of the parent corporation and all subsidiaries and affiliates, which eliminates those payments or charges. Clarifies that the Secretary’s findings and conclusions, relating to determinations of income earned by a corporation, are presumed correct (currently, are presumed correct and will not be set aside unless shown to be plainly wrong).
Further amends GS 105-130.6, as amended by this act, allowing any parent, subsidiary, or affiliated corporation to elect to file a consolidated return of all operations of the parent corporation and all subsidiaries and affiliates, as specified. Provides that the return will be adjusted only if the Secretary determines that the return does not disclose the corporation’s true earnings in the state due to payments to or charges by the parent, subsidiary, or affiliated corporation in excess of fair market value in intercompany transactions. Effective for taxable years beginning on or after January 1, 2012.
Directs the Secretary to propose rules specifying facts and circumstances under which the Secretary will require a corporation to file a consolidated or combined return, before September 1, 2011.
Unless otherwise indicated, the act is effective when it becomes law, and applies to current contested administrative law cases without a final decision.

Amends GS 7A-210 to increase the amount in controversy threshold for a small claim action to $10,000 (was $5,000). Amends GS 7A-243 to provide that the district court division is the proper division for civil actions in which the amount in controversy is $20,000 or less and the superior court division is the proper division for actions in which the amount in controversy exceeds $20,000 (was, $10,000).
Amends GS 7A-37.1 to make nonbinding arbitration mandatory in all civil actions where claims do not exceed $20,000, unless all parties to the action waive arbitration. Adds new subsection GS 7A-37.1(c2) to require a court to consider the fact that an arbitrator’s decision in a small claim matter was affirmed by the court on appeal for trial de novo as a significant factor in favor of assessing all court costs and attorneys’ fees against the appellant.
Effective July 1, 2011, and applies to actions filed on or after that date.

Amends GS 90-12.1A, authorizing the NC Medical Board (Board) to issue a “limited volunteer license” (rather than a military limited volunteer license) to an applicant with a license to practice medicine and surgery in another state who shows a letter establishing active licensure in the other state (deletes requirement that the person be authorized to treat personnel enlisted in the U.S. armed services or veterans). Adds that a limited volunteer license holder may not practice medicine and surgery within NC for more than 30 days per calendar year. Deletes requirement that limited license holders comply with continuing medical education requirements. Deletes provision related to retired limited volunteer licenses, and instead enacts new GS 90-21.1B, authorizing the Board to issue a “retired limited volunteer license” to an applicant who is a physician with an inactive license to practice medicine and surgery issued by NC or another state. Requires retired limited volunteer license holders to practice only at clinics treating indigent patients, and makes a violation of this provision a Class 3 misdemeanor, with a fine not less than $25 and not more than $50 for each offense. Provides additional details regarding continuing education requirements and timelines for licenses.
Makes a conforming change to GS 90-13.1, exempting applicants for retired limited volunteer licenses from license fees. Amends GS 90-13.2, specifying that retired limited volunteer license holders must pay an annual registration fee of $25 to the Board, and limited volunteer license holders will pay no registration fee. Makes a conforming change.

Identical to H 764, filed 4/6/11.

Amends GS 18B-1303 through 18B-1308 and enacts new GS 18B-1309 to provide as the title indicates. Clarifies that a franchise agreement applies to all supplier products under the same brand name and that different categories of products manufactured under a common identifying trade name are considered to be the same brand. Expands the list of acts for which it is unlawful for a supplier or the supplier's representative to engage in with respect to the supplier's dealings with a wholesaler. Adds that good cause for the termination, alteration, or failure to renew a franchise agreement does not include (1) the sale or transfer of the rights to manufacture, distribute, or use the trade name of the brand to a successor supplier, whether the sale or transfer is made directly from the original supplier to the successor or goes through a third party; (2) failure of the wholesaler to meet operation or performance standards unilaterally imposed or revised by the supplier without a fair opportunity for the wholesaler to bargain as to the terms; (3) the wholesaler's establishment of a franchise agreement with another supplier, or the acquisition by the wholesaler of the right to distribute the brand of another supplier; and (4) the desire of a supplier to consolidate its franchises.
Provides that a wholesaler whose franchise agreement is terminated, altered, or not renewed in violation of Article 13 (Beer Franchise Law) of GS Chapter 18B is entitled to recover monetary damages from the supplier in addition to (was, in lieu of) injunctive relief. Provides criteria governing the amount of the monetary damages due the wholesaler. Provides criteria for the transfer or merger of a wholesaler's business; includes permitting a wholesaler to merge with another wholesaler in the state and transfer the merging wholesaler's existing franchise rights to the new wholesaler entity. Makes conforming changes regarding the merger of a wholesaler's business. Provides factors that the supplier may consider in determining whether the proposed transferee or merged wholesaler is a qualified person. Provides that the burden is on the supplier to prove that the proposed transferee or merged wholesaler is not qualified. Provides that a wholesaler may seek injunctive relief to enforce the provisions of this section. Also provides that supplier is liable for any monetary damages suffered by the wholesaler because the supplier unlawfully refused to approve a sale, transfer, or merger resulting in blocking the wholesaler's ability to complete a sale, transfer, or merger.
Provides criteria for mediation of a dispute between a wholesaler and a supplier under the direction the Alcoholic Beverage Control Commission.
States that the provisions of this act are severable, providing that if any of the proposed provisions or their applications is held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.
Effective when the act becomes law and its provisions apply to all existing franchise agreements. Provides that a supplier's shipment of malt beverages to a wholesaler in North Carolina following the effective date of this act constitutes acceptance by the supplier of the terms of this act, and the acceptance is to be considered as incorporated into the agreement between the supplier and the wholesaler.

Requires the NC Utilities Commission (Commission), by rule or by order, to require certain public utilities to enter into a long-term contract for one or more qualifying offshore wind generators (defined as a facility located in federal waters with at least 50% of the facility within the administrative boundaries of NC as defined by the federal Department of the Interior) with a total nameplate capacity of 2,500 megawatts, with the first facility producing electricity by December 31, 2017 or as close as practically possible to that date. Tasks the Commission with developing a process for drafting and issuing a request for proposals for contracts to construct offshore wind generators, and tasks the Department of Commerce with evaluating each proposal to determine its costs and benefits to the state. Requires the Commission to decide which proposals to approve, if any, by October 31, 2012, and then to require participating electric utilities to enter into contracts to purchase the output according to a specified formula. Allows participating electric utilities to retain or sell any renewable energy certificates, air emission credits, or offsets associated with the project, and to charge an increment or decrement as a rider to its rates to offset costs associated with the law’s requirements.
Amends GS 105-164.14B to add wind energy property manufacturing to the list of business types eligible for certain tax refunds under that law. Provides that the minimum investment requirement for a wind energy property manufacturing facility to qualify for a tax refund is $10 million in a development tier one area and $50 million for all other facilities. Amends the sunset provision in GS 105-164.14B to provide that only certain portions of that section will be repealed for sales made on or after January 1, 2013, and to provide that the new provision related to wind energy property manufacturing will be repealed for sales made on or after January 1, 2022.
Effective January 1, 2014, amends GS 105-129.16I to provide that certain wind energy property (was, renewable energy property) is eligible for a tax credit. Makes conforming changes and extends the sunset provision for the wind energy property credit to January 1, 2020 (was, January 1, 2014).
Aside from the provision related to the wind energy property tax credit, effective when the act becomes law.

Amends GS 20-51(6) to add livestock, live poultry, animal waste, herbicides, fungicides, and seeds to the list of items that, when transported by farmers under certain circumstances, exempt the trailer or semitrailer on which they are transported from requirements of registration and certificate of title.
Adds new subsection (m) to GS 20-88 to provide that any vehicle weighing more than the limits in GS 20-118(b), as authorized by certain exceptions set out in GS 20-118(c), must be registered for the maximum weight allowed for that vehicle’s axle configuration, or be subject to the penalties set out in GS 20-118(e). Makes conforming changes throughout GS 20-118.
Amends GS 20-118(c) to include within the exceptions to the maximum weight allowed on light-traffic roads live poultry transported from a farm to a processing plant or market (was, first market); and water, fertilizer, herbicides, fungicides, seeds, fuel, and animal waste transported to or from a farm by a farm vehicle. Exempts certain vehicles not in excess of a single-axle weight of 26,000 pounds (was 22,000 pounds), a tandem-axle weight of 44,000 pounds (was, 42,000 pounds), or a gross weight of 90,000 pounds, that are transporting meats, live poultry, livestock, apples, Christmas trees, water, fertilizer, herbicides, fungicides, seeds, fuel, and animal waste while not operating on interstate highways from the weight limit and penalty provisions of GS 20-118. Makes additional conforming and clarifying changes.
Effective October 1, 2011, and applies to offenses committed on or after that date.

Amends GS 105-449.80 to set a 15 cent per gallon cap on the variable component of the fuel tax. Applies to taxes imposed on or after July 1, 2011.

Repeals GS 105-164.4(a)(1b), as title indicates. Effective for sales made on or after July 1, 2011.

Establishes the Equal Access Act. Enacts new GS 115C-335.9 to prohibit a local school administrative unit or a school from: (1) granting access to employee’s physical or electronic mailboxes to an education employee association unless access is given to all education employee associations operating in the local school administrative unit; (2) permitting an education employee association to attend orientations to recruit members unless it allows all education employee associations operating in the local school administrative unit to attend; (3) giving an educational employee association preferential treatment; (4) endorsing one education employee association over another; and (5) referring to days or breaks in a school calendar by the name of an employee education association. Prohibits a school from discouraging or prohibiting an employee from joining an organization or showing preference towards any educational association. Applies beginning with the 2011-12 school year.

Amends GS 115C-12(23), which details the State Board of Education’s (SBOE) power to adopt rules for interscholastic athletic activities, to add that the rules must provide the following: (1) all employees or volunteers instructing or training members of a school athletic team must receive annual training on recognizing the symptoms of a concussion and seeking proper medical care for a concussion, with training completed before the beginning of the sport season, if possible; and (2) a member of a school athletic team is not allowed to participate in any athletic event or training on the day the member is diagnosed with a concussion or exhibits signs consistent with a concussion after an observed or suspected blow to the head or body; allows the member to participate on a subsequent day only if the team member no longer exhibits signs of a concussion and receives a medical release. Includes whereas clauses. Applies beginning in the 2011-12 school year.

Requires the Revenue Laws Study Committee to study methods of providing tax benefits in a manner and amount that offsets tuition to allow low or moderate income families to send their children to nonpublic schools or public schools that charge tuition. Requires a report to the 2012 Regular Session of the General Assembly. Authorizes the creation of a subcommittee and allows for the participation of an individual designated by the Local Government Commission as an ex officio member.

Identical to H 810, filed 4/6/11.

Adds definition of "Consumer Price Index" to GS 53-165. Add to definition of "other business" permitted of lenders in GS 53-172. Amends maximum loan charges and fees for personal installment loans found in GS 53-173 by (i) setting maximum amount of loans at $2,000 (was $3,000), (ii) setting the maximum account handling charge at $3 per $100 of loan amount, (iii) setting the loan processing fee at 10% of the loan amount not to exceed $100 (was 5% not to exceed $25), (iv) indexing these caps to the consumer price index, (v) capping the interest on a money judgment on a loan made subject to this section at the annual percentage rate of the loan contract as computed under the federal Truth in Lending Act, (vi) capping interest after the maturity of a loan at the annual percentage rate of the loan contract as computed under the federal Truth in Lending Act, (vii) prohibiting other charges and fees on loans subject to this section, (viii) limiting loans made to consumers who already have outstanding loans with the same lender, (ix) requiring the partial refund of certain fees and charges if the loan is paid in full prior to the term expiration date, and, (x) permitting a consumer to terminate a loan contract within three days by returning the borrowed funds to the lender. Amends 53-175 to limit the maximum fee for returned checks to the greater of $30 or the amount permitted under GS 25-3-506 (currently $25). Amends 53-176 by (i) raising cap on installment loans to $15,000 (was $10,000), (ii) limiting monthly interest on installment loans to 2.5% for balances below $5,000, 2% for balances between $5,000 and $10,000, and 1.5% on remaining balance (was 30% annually for balances up to $7,500 and 18% annually on remaining balance), (iii) mandates that interest on installment loans not be compounded, (iv) caps closing fees for installment loans at $35 for loans up to $1,750 and 2% of the loans above that amount, and, (v) indexes the caps on fees and loan amounts to consumer price index according the same procedure created in GS 53-173. Amends GS 53-177 to cap late fees at $15 for loans under GS 53-173 and at the greater of 5% of the payment or $20 for loans made under GS 53-176. Amends 53-180 by restricting the time and payment limitations for loans issued under GS 53-173 as follows: between 4 to 7 months for loans of $500 or less; no more than 13 months for loans between $500 and $1,000; no more than 19 months for loans between $1,000 and $1,500; and, no more than 25 months for loans greater than $1,500. Amends GS 53-181 to require a lender once per year to provide upon request and payment of a $25 fee a statement of information regarding the loan. Amends GS 53-186 to require the Commissioner of Banks to provide timely responses to borrowers and lenders concerning borrowers' complaints and inquiries and to develop an information pamphlet to be provided to borrowers by lenders as of January 1, 2012. Effective October 1, 2011.

Enacts new subdivision (3) to GS 143-215.8B(b), which provides for basinwide water quality management plans, to provide as title indicates.

Amends GS Chapter 90 by adding a new Article 11 (GS 90-21.75 et seq.) that prohibits health care providers from refusing to treat or accept a referral for a patient based on either lawful conduct by the patient relating to firearms and ammunition or refusal by the patient to disclose information about lawful conduct relating to firearms and ammunition. The new article further prohibits health care providers from questioning a patient about lawful conducting relating to firearms and ammunition unless the health care provider has first advised the patient about the purpose of the questions and the patient’s right to not answer the questions. Prohibitions do not apply if the health care provider reasonably believes the patient poses an imminent threat to self or others, the patient has brought a firearm and ammunition into an area where such are prohibited, the patient volunteers information in the absence of any question from the health care provider, or the health care provider reasonably believes that disclosure of the information is necessary to diagnose or treat a specific illness or injury. Violations of the article are grounds for disciplinary action by the health care provider’s licensing board or other regulatory authority, and imposition of a civil fine of up to $250 for nonwillful violations and $500 for willful violations. Effective October 1, 2011.

Identical to H 713, filed 4/6/11.

Enacts new GS 143-64.1 to require that the acquisition of ground maintenance, construction, and forestry equipment (as each is defined by the statutes) be conducted using multiple award schedule contracts. Defines multiple award schedule contract as a contract that allows multiple vendors to be awarded a state contract for goods or services by providing their total catalogue for lines of equipment and attachments to eligible purchasers, including state agencies, departments, institutions, public school districts, political subdivisions, community colleges, and constituent institutions of the University of North Carolina. Directs the Department of Administration to issue requests for proposals for multiple award schedule contracts no later than June 30, 2011. Provides that contracts must span a term of not less than three years, with annual product and pricing update periods. Specifies that the Department of Administration may issue additional term contracts for the specific purchase of equipment otherwise available through a multiple award schedule contract.

Identical to H 854, filed 4/6/11.

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.

Adds a new subsection (b2) to GS 20-119 to provide as the title indicates. Provides that the terms manufactured home and modular home have the same meanings as they are defined in GS 105-164.3. Effective October 1, 2011.

Enacts new GS 160A-81.2 (cities) and new GS 153A-52.2 (counties) to allow cities and counties to adopt ordinances providing that any notice of a public hearing the local government is required by law to publish or advertise may be published by electronic means, including on the local government’s website, as specified. Requires the local government to file a copy of any notice published by electronic means in the notice book. Specifies that these ordinances will not supersede any state law or local act requiring notice by mail to certain persons or signage.
Enacts new GS 160A-78.1 and GS 153A-48.1 to require the local government to file a true copy of each published notice in a notice book separate from the ordinance book or minute book in the designated office.
Amends GS 159-1(b)(5) to make a conforming change to the definition for publish in the Local Government Finance Act. Repeals SL 2003-81, 2003-161, 2007-86, and 2008-5 (providing for electronic notice in several local governments), but specifies that any ordinance adopted under those acts remains valid until amended or repealed.
Effective October 1, 2011.