AN ACT TO PROVIDE THAT A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER MUST INDICATE ON THE INITIAL REGISTRATION FORM THE NAME UNDER WHICH THE PERSON WAS CONVICTED FOR THE SEX OFFENSE, TO PROVIDE THAT THE REGISTRANT MUST ALSO NOTIFY THE APPROPRIATE SHERIFF OF ANY NAME CHANGE BY THE REGISTRANT AND INCLUDE NAME CHANGES AS PART OF THE VERIFICATION PROCEDURE, TO DIRECT THE DIVISION OF CRIMINAL STATISTICS TO MAINTAIN THE STATEWIDE REGISTRY SO THAT A MEMBER OF THE PUBLIC MAY CONDUCT SEX OFFENDER SEARCHES USING ANY NAME OR ALIAS OF A REGISTRANT, TO CLARIFY THAT SEX OFFENDERS MAY NOT CHANGE THEIR NAME PURSUANT TO CHAPTER 101 OF THE GENERAL STATUTES, AND TO AMEND THE LAW REGARDING THE VENUE IN WHICH TO FILE A PETITION TO TERMINATE A SEX OFFENDER REGISTRATION REQUIREMENT. Summarized in Daily Bulletin 3/2/11 and 3/9/11. Enacted May 3, 2011. Sections 1–4, 6, and 7 are effective December 1, 2011, and apply to sex offenders whose registration occurs on or after that date, and to sex offenders registered before December 1, 2011, who continue to be registered on that date. However, any sex offender registered before December 1, 2011, and continuing to be registered on that date will not be in violation of the proposed requirements regarding the registrant’s name, provided the registrant provides the required information on the first verification date that occurs on or after December 1, 2011. Section 5 is effective December 1, 2011. Section 8 is effective May 3, 2011. The remainder is effective May 3, 2011.

AN ACT TO PROVIDE THE NORTH CAROLINA GENERAL ASSEMBLY SPECIAL POLICE WITH STATEWIDE LAW ENFORCEMENT JURISDICTION. Summarized in Daily Bulletin 3/9/11, 3/16/11, 3/17/11, 4/7/11, and 4/20/11. Enacted May 3, 2011. Effective May 3, 2011.

House committee substitute makes the following changes to 1st edition. Amends GS 50B-2(c) by providing that a continuance for a hearing regarding an ex parte order issued under the statute is limited to one extension of 10 days, unless all parties consent; the hearing has priority on the court calendar. Deletes previous amendments to GS 50B-2(c), which concerned granting possession of the residence to the aggrieved party to the exclusion of the other party, and the expiration of the ex parte order. Makes other technical and organizational changes.

Amends GS 74F-3 by forbidding any person from possessing any locksmith tools, as defined by GS 74F-4(6), unless the person is licensed as a locksmith under GS Chapter 74F or exempted from the provisions of GS Chapter 74F. Makes the first violation of the provision a Class 1 misdemeanor, and provides that any subsequent offense of the provision is a Class I felony (currently, all violations considered Class 3 misdemeanor). Rewrites GS 74F-4 to include the term “safes” in the definition of Locksmith services and further expands the definition of Locksmith services to include any method of bypassing a locking mechanism of any kind, whether in a commercial, residential, or automotive setting, for compensation.
Amends GS 74F-6 by expanding the power of the NC Locksmith Licensing Board (Board) by allowing the board to obtain certain records of a person or company offering locksmith services, including employees, contractors, and subcontractors. Increases various fees under GS 74F-9. Adds a provision to GS 74F-10(b) allowing the Board, in its discretion, to adjust renewal and reinstatement fees if an applicant whose license has expired can show good cause for such license expiration. Rewrites GS 74F-12(b) to require that all advertisements for locksmith services include a valid license number issued by the Board. Rewrites GS 74F-15 by adding a new subsection which grants the Board power to assess the costs of disciplinary action, including attorneys’ fees, against an applicant or licensee found to be in violation of GS Chapter 74F or rules adopted by the Board. Amends GS 74F-16 by rewriting, adding, or clarifying various entities exempted from GS Chapter 74F. Makes other technical and conforming changes.

Appropriates $200 million for 2011-12 and $200 million for 2012-13 from the General Fund to the Department of Public Instruction to restore funds for teacher assistants in the public schools. Effective July 1, 2011.

Amends GS 105-134.2 to add a business entity exemption to the state’s individual income tax rate as computed in subsection (a) of GS 105-134.2. Provides that before a qualified business entity computes the tax in subsection (a), it may subtract $50,000 from state net income. Defines a qualified business entity as a business entity that is neither a publicly traded corporation nor an affiliate, as defined in GS 105-163.010, of a publicly traded corporation. Makes conforming and technical changes.

Amends GS 122C-408 directing the Secretary of Crime Control and Public Safety (Secretary of CCPS) and the Town of Butner to form an authority, on or before July 1, 2011, to provide fire and police protection for the territory of the Butner Reservation and the incorporated limits of the Town of Butner. Requires that in order to form the authority, the Secretary of CCPS and the Town Council of Butner adopt a resolution including the articles of incorporation of the authority.
Provides that the resolution is to include (1) the name of the authority; (2) a statement that the authority is organized under the statute; and (3) the names and addresses of the initial members of the authority appointed by the Secretary of State (Secretary), the Secretary of CCPS, and the Butner Town Council. Requires filing a certified copy of the resolution with the Secretary of State. Directs the Secretary, upon a finding that the resolution, including the articles of incorporation, conforms to the provisions of the statute, to: (1) file the resolution in the Secretary’s office; (2) issue a certificate of incorporation under the state seal; and (3) record the information in the appropriate book of record. Provides that the issuance of the certificate of incorporation constitutes the authority as a public body and body politic and corporate of the state, and that the certificate is conclusive evidence that the authority has been duly created and established under the provisions of Article 6 of GS Chapter 122C.
Provides that the authority is to have seven voting members with four appointed by the Town of Butner, one appointed by the Secretary, and two appointed by the Secretary of CCPS. Specifies residence requirements and work affiliations that apply to authority members. Provides for the election of a Director by majority vote of the voting members of the authority. Designates the Director as an ex-officio, nonvoting member of the authority. Prohibits an active member of the fire or police forces providing services to the authority from serving as a voting member of the authority. Directs the state to transfer all real, personal, and mixed assets assigned to or used by the Butner Public Safety Division of the Department of CCPS to the authority in fee simple absolute within 30 days of the issuance of the certificate of incorporation for the authority by the Secretary. Enumerates the duties and responsibilities of the authority. Directs that the members of the authority be appointed within 30 days after this act becomes law. Sets terms of appointment for authority members. Makes conforming changes, transferring authority that was granted to the Secretary of CCPS to the authority.
Directs the authority to contract with the state to provide fire and police protection to the portions of the Butner Reservation that are outside the corporate limits of the town of Butner, and directs the authority to contract with the town of Butner to provide fire and police protection within the corporate limits of the town of Butner. Requires the contracts to provide for the funding of the operations of the authority. Requires that both the state and the town of Butner will pay an amount equal to one-half of the total budget for the Butner Public Safety Division of the Department of CCPS for the fiscal year beginning July 1, 2010, to fund the operations of the authority for the fiscal year beginning July 1, 2011. Provides relevant criteria for determining each party’s contribution, requirements regarding the keeping of time records, and calculations for determining funding in subsequent fiscal years. Also provides criteria regarding the authority’s ability to contract with any department of state government to provide services within the Butner Reservation to that department. Directs the state and the town of Butner to pay its funding percentage to the authority on or before October 1 of each year.
Permits the authority to contract with the Secretary of the Department of CCPS to provide fire and police protection to the Butner Reservation and the corporate limits of the town of Butner. Provides that under such circumstances, the employees of the Department of CCPS remain employees of the state.
Provides that if the town of Butner or the state fails to pay its percentage share of the authority’s budget, the delinquent party will cease to be a participant in the authority at the end of the fiscal year for which it last paid its percentage share of the authority’s budget. Provides for actions to be taken by the remaining party, including filing articles of dissolution.

Appropriates $9,592,332 for 2011-12 and 2012-13 from the General Fund to the Department of Health and Human Services to continue to develop and implement the North Carolina Families Accessing Services through Technology (NC FAST) project. Provides the goals of NC FAST. Effective July 1, 2011.

Enacts new subsection (c) to GS 105-134.2, stating that the tax rate imposed on the net business income of a taxpayer receiving income from a small business for a taxable year may not exceed by more than 2% the rate imposed on a corporation under GS 105-130.3. Specifies that a small business is a business with cumulative gross receipts from all business activity in a taxable year totaling $850,000 or less. Also specifies that business income does not include income considered passive income under the Internal Revenue Code. Effective for taxable years beginning on or after January 1, 2011. Makes other technical and conforming changes.
Effective for taxable years beginning on or after January 1, 2012, amends GS 105-134.2, as amended by this act, to provide that the small business tax rate may not exceed by more than 1% the rate imposed on a corporation.
Effective for taxable years beginning on or after January 1, 2013, amends GS 105-134.2, as amended by this act, to provide that the small business tax rate may not exceed the rate imposed on a corporation.

Directs the Legislative Research Commission (Commission) as title indicates. Provides specific guidelines the Commission must explore during the study. Provides that the Commission may make an interim report to the 2011 General Assembly when it reconvenes in 2012, and must make a final report to the 2013 General Assembly, including the findings and recommendations of the study, and any legislative or administrative proposals. Appropriates, for the 2011-12 and 2012-13 fiscal years, $25,000 from the General Fund to the General Assembly for the cost of conducting this study. Effective July 1, 2011.

Creates new GS 143B-437.012, which defines Port Enhancement Zone as an area that meets the following: (1) is comprised of one or more contiguous census tracts, census block groups, or both, in the most recent federal decennial census; (2) all of the area is located within 15 miles of a state port and is capable of being used to enhance port operations; (3) every census tract and census block group that comprises the area has at least 11% of households with incomes of $15,000 or less and one of the 25 lowest average weekly wages in the state. Provides that the area of a county that is included in one or more port enhancement zones must not exceed 5% of the total area of the county. Provides the method and information required for the Secretary of Commerce to make a designation of whether or not an area is a port enhancement zone as defined. Directs the Secretary to annually publish a list of all port enhancement zones. Makes conforming changes to various statutes to provide tier one treatment for port enhancement zones. Effective for taxes imposed for taxable years beginning on or after January 1, 2011.

Adds new subsection (a5) to GS 7A-305 to provide as the title indicates. Sets the assessed fee at $100. Provides that the fee may be waived if the court makes a written finding of good cause shown to grant the waiver. Collected fees are to be remitted to the State Treasurer to be deposited in the Domestic Violence Center Fund established under GS 50B-9. Effective July 1, 2011, and applies to costs assessed or collected on or after that date.

As the title indicates. Applies only to the Beacon Center local management entity (LME). Modifies definitions that apply to Article 3A of GS Chapter 135 for the purpose of allowing LMEs to participate in the State Health Plan. Provides that it is not the intent of the General Assembly to violate the State Health Plan’s exemption from the Employment Retirement Income Security Act of 1974, Pub. L. 93-406, as amended (ERISA), and that if any court of competent jurisdiction rules that inclusion of an LME in the State Health Plan violates ERISA, then this act is repealed and any individual enrolled in the State Health Plan under this act is to be disenrolled unless the individual independently qualifies for coverage under the State Health Plan other than under this act.
Effective July 1, 2011.

Amends GS 135-45.8 and GS 153A-92 as the title indicates.
Adds subdivision (25) to GS 135-45.8 to provide that charges for medical or surgical abortion procedures are not covered expenses and no benefits, as described in GS 135-45.6 through GS 135-45.11, are payable for medical or surgical abortion procedures with the following exceptions: (1) pregnancy resulting from rape or incest; (2) in cases of medical emergency where, in the written opinion of the attending physician, failing to terminate the pregnancy endangers the life of the mother; and (3) to remove a dead unborn child. Provides that for the purposes of this provision, the term abortion procedures does not include procedures related to a miscarriage. Recodifies new GS 135-45.8(25) as GS 135-48.52(8), effective January 1, 2012, if Senate Bill 323 of the 2011 Regular Session becomes law.
Amends GS 153A-92(d) to prohibit a county from providing health insurance to county officers and employees with greater abortion coverage than that provided by the State Health Plan for Teachers and State Employees under Article 3A of GS Chapter 135. Provides that if Senate Bill 323 of the 2011 Regular Session becomes law, then effective January 1, 2012, GS 153A-92(d), as amended by this act, replaces reference to Article 3A with Article 3B of GS Chapter 135.
Amends GS 160A-162(b) to prohibit a municipal council from providing health insurance to city employees with greater abortion coverage than that provided by the State Health Plan for Teachers and State Employees under Article 3A of GS Chapter 135. Provides that if Senate Bill 323 of the 2011 Regular Session becomes law, then effective January 1, 2012, GS 153A-92(d), as amended by this act, replaces reference to Article 3A with Article 3B of GS Chapter 135.
Except as otherwise provided, effective July 1, 2011, and applies to health insurance plan years beginning on or after that date.

Subject to voter approval on November 6, 2012, enacts new Section 15 to Article V of the NC Constitution to establish a State Savings Account (Account). Requires the General Assembly to estimate the amount of revenue growth from the prior fiscal year when the General Assembly estimates revenue availability for the current operations of state government for the fiscal year. Requires that the General Assembly, in preparing the budget for the fiscal year, allocate to the Account the lesser of (1) 35% of the estimated amount of the revenue growth from the prior fiscal year or (2) an amount that would raise the Account balance to 15% of estimated expenditures from revenue during the fiscal year. Prohibits reducing the Account balance except to offset a decrease in annual revenue to the state treasury from state revenue, and to make one-time outlays for capital projects if the funds from the Account are not required to offset a decrease in annual revenue to the state treasury. Makes the amendment effective July 1, 2013, and applicable beginning with the first fiscal period beginning on or after that date.