Senate Amendment #1 makes the following changes to the 2nd edition.

Deletes provision in Section 3.(a)declaring thatRaleigh is released from any obligations under the leaseand any funds paid by Raleigh to the stateunder that lease will be refunded. Instead amends Section 3.(a) to declare that if the City of Raleigh contends it is owed just compensation (was, if the City of Raleigh conteststhat just compensation has not been provided by the previous subsection (a) of Section 3), itmust file a special proceeding in the Superior Court of Wake County for a determination of just compensation within 60 days of the act becoming effective. Provides that this section does not confer standing in and of itself.

Declaresthat any special proceeding filed under this section must be heard and determined by a three-judge panel of the Superior Court of Wake County and organized as provided in new subsection (c) of Section 3. Provides that the senior resident superior court judge of Wake County is the presiding judge of the required three-judge panel. Provides additional specifications for service of the complaint, the selection of two additional judges for the panel, and filling the vacancy should the senior resident superior court judge of Wake County be unable to serve on the three-judge panel. Prohibits the entering of an order or judgment under this section except by the three-judge panel of the Superior Court of Wake County organized as specified under this section. Provides that if the judges comprising the three-judge panel cannot all agree, then the majority opinion will prevail.

Blank bill.

Adds new Part 30, Eugenics Asexualization and Sterilization Compensation Program, to Article 9 in GS Chapter 143B, to give a lump sum of $50,000 in compensation to every qualified recipient. Defines qualified recipient as an individual asexualized or sterilized by the Eugenics Board of North Carolina, who was living on March 16, 2012. Allows individuals to submit a claim for compensation on or before December 31, 2015, and authorizes a personal representative to submit a claim for an individual who died on or after March 16, 2012. Sets out the procedure for the NC Industrial Commission to determine whether individuals are qualified recipients and provides the right to appeal; however, decisions favorable to the claimant are final and not subject to appeal by the state. Directs the Industrial Commission to use $184,000 of  funds appropriated to the Eugenics Reserve Fund to administer this provision. Creates the Office of Justice for Sterilization Victims in the Department of Administration (DOA) to assist individuals who may be qualified recipients, and directs DOA to use $654,000 of the funds appropriated to the Eugenics Reserve Fund to cover expenses.
Makes all records received or submitted under Part 30 confidential. Makes conforming changes to GS 132-1.23, and allows release of minutes or reports from the Eugenics Board if identifying information is redacted. Exempts payments of compensation from income taxation, and specifies that the payments are not considered income or assets for purposes of determining eligibility for public assistance. Makes conforming changes to GS 105-134.6(b) (effective for taxes imposed for taxable years beginning on or after January 1, 2013), and by enacting GS 108A-26.1. Prohibits the extension of any statute of limitations that expired before July 1, 2013, and limits the state's liability to the compensation amount.
Establishes the Eugenics Sterilization Compensation Fund in the Office of the State Treasurer to pay the compensation under Part 30, and appropriates $5 million for 2013-14 from the General Fund to the Eugenics Reserve Fund. $4 million of the funds is to be transferred to the Fund with the remaining allocated to (1) the Industrial Commission as mentioned above, (2) the Department of Administration as mentioned above, and (3) $57,000 transferred to the Department of Cultural Resources for the electronic scanning and indexing of documents, and (4) $155,000 transferred to the Department of Administration for the creation and maintenance of a database. Effective when the act becomes law, directs the Department of Health and Human Services to submit specified state plan amendments to the Centers for Medicare and Medicaid Services by July 1, 2013, to allow for income disregard of the compensation payments. Directs the Department of Cultural Resources to electronically scan and index records and minutes of the Eugenics Board and requires DOA to create an electronic database of the information. Effective July 1, 2013, unless otherwise indicated. With the exception of the changes to GS 405-134.6(b), new GS 108A-26.1, and the provisions of GS 132-1.23 that concern the protection of confidential and identifying information, the act expires on June 30, 2016.

Identical to H 337, filed 3/19/13.

Requires that $3 million of the funds appropriated to Forsyth Technical Community College (College) in 2005-06 for construction of the Center for Emerging Technologies be transferred to the state treasurer to a specified budget code, to be administered by the NC Community Colleges System Office (Office). Requires the Office to allocate up to $300,000 of the funds each fiscal year to the College, until the funds are expended, for the operating costs of the College's biotechnology, nanotechnology, design, and advanced information technology programs; Small Business Center; and corporate and industrial training programs. Prohibits additional state funds from being made available to the College for those purposes. Effective July 1, 2013.

Amends GS 20-81.12(b4) to require that the money transferred quarterly from the Collegiate and Cultural Attraction Plate Account for sales of the Olympic Games plate be distributed to North Carolina Amateur Sports (was, to the NC Health and Fitness Foundation, Inc.). Requires that 67% of those funds be allocated to the US Olympic Committee to assist in training athletes and 33% be allocated to NC Amateur Sports to assist with administering the State Games of North Carolina; deletes the allocation to the Governor's Council on Physical Fitness and Health. Effective July 1, 2013.

As title indicates.

Identical to H 415, filed 3/21/13.

Amends GS Chapter 99E by adding new Article 5,Successor Asbestos-Related Liability.

Adds new GS 99E-40 (Definitions), providing the terms and definitions to be used in this Article, includingasbestos claim, corporation,successor, successor asbestos-related liability,transferor.

Creates new GS 99E-42 (Limitation on successor asbestos-related liability), providing that, except as further limited in the statute, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor, determined at the time of the merger/consolidation. No successor or asbestos-related liabilities are available in excess of this limitation. If a transferor assumes or incurs successor asbestos-related liabilities in connection with a prior merger/consolidation with a prior transferor, the fair market value of the total assets of the prior transferor determined at the time of the earlier merger or consolidation will be substituted for the limitation described above for purposes of determining the limitation of liability of a successor corporation.

Creates new GS 99E-41 (Applicability), establishing that the limitations in GS 99E-42 apply to any successor except for (1)  certain workers' compensation benefits, (2) claims against a corporation that are not considered a successor asbestos-related liability, (3) any obligation under 29 USC 151 or under any collective bargaining agreement, (4) certain successors that continued in the business of mining asbestos or in named related asbestos businesses.

Creates new GS 99E-43 (Establishing fair market value of total gross assets). Allows a successor corporation to establish fair market value of total gross assets for the purpose of limitations under GS 99E-35 through any one of the following methods: (1) by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction or (2) in the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

Provides that total gross assets include intangible assets. Sets other conditions to the extent that total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, no insurance or other obligations will be affected.

Creates new GS 99E-44 (Adjustment), providing that the fair market value of total gross assets at the time of the merger/consolidation will increase annually at a rate equal to the sum of (1) the prime rate as listed in the Wall Street Journal for each calendar year since the merger/consolidation and (2) one percent.

The above calculation is subject to the following limitations: (1) the rate defined above cannot be compounded, (2) the adjustment of the fair market value of total gross assets will continue as provided above until the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid, and (3) no adjustment can be applied to any liability insurance that may be included in the definition of total gross assets in GS 99E-43.

Creates new GS 99E-45 (Scope of Article; application), providing that the article will be liberally construed with regard to successors and it will apply to all asbestos claims filed against a successor on or after the effective date of this act. Also applies to any pending asbestos claims against a successor in which a trial has not yet commenced as of the effective date.

Effective July 1, 2013.

As title indicates.

Amends GS 20-88(m), dealing with property-hauling vehicles, to require vehicles weighing more than the gross weight limits in GS 20-118(b)(3) to be registered for the maximum weight allowed for the vehicle configuration.

Amends GS 90-236.1 to provide the dispensing requirements for both contact lenses and spectacles (was, requirements for filling contact lens prescriptions). Requires separate prescriptions for spectacles and contact lenses with the prescriber's specifications and an expiration date on every prescription. Prohibits any person, firm, or corporation licensed under Article 17 (Dispensing Opticians)of GS Chapter 90 from filling a spectacle or contact lens prescription after the expiration date on the face of the prescription.

Current law requires that any person, firm, or corporation dispensing contact lenses must inform the recipient of the lenses, orally and in writing that the recipient, at the time of delivery,must return to the prescriber for insertion of the lensand additional instructions regarding insertion and care of the lens. Requires the statement to also inform the recipient that neither the prescriber nor the dispenser (was, the prescriber) is responsible for any damages or injury resulting from the prescribed lens if the recipient does not return to the prescriber after the delivery of the lens as instructed in the statement. Current law provides that this provision does not apply if the prescriber and dispenser are the same person. Requires that the statement be signed by the recipientand a copy retained by the recipient and the dispenser.

Amends GS 90-238 to require that five of the seven members of the North Carolina State Board of Opticians (Board)must be licensed dispensing opticians, each of whom is a resident of this state.

Amends GS 90-240(e) to clarify that the Board will credit an applicant with the applicant's score on any national test successfully completed in the three years immediately preceding the examination application. Amends GS 90-241(a)(4) to provide that the Board will grant a license without examination to an applicant who has engaged in the practice of opticianry and has a license for both spectacles and contact lenses in the other state for the four years immediately preceding the application to the Board.

Amends GS 90-243 to clarify that the Board may adopt rules requiring the registration of places of business where there is ophthalmic dispensing or training and requiring the registration of apprentices and interns training under the direct supervision of a licensed optician, optometrist, or ophthalmologist.

Amends GS 90-244 to require that a license granted under this Article be displayed in a conspicuous and public (was, conspicuous)part of the office where the licensee is engaged as a dispensing optician. Provides that a license can be reinstated without any additional fee (was, penalty) from January 1 through 15 immediately following expiration. Provides for the reinstatement of a license after January 15 by payment of the renewal fee and a processing fee (was, penalty) of $50. Provides process for placing a license in inactive status and fees for the inactive status. Provides regulations concerning the display of registrations of businesses and of apprentices and interns. Provides that any licensee practicing with an expired or inactive license is subject to disciplinary actions from the Board.

Amends GS 90-245 to authorize the administrator (was, the secretary) of the Board to collect fees prescribed by Article 17.

Amends GS 90-246 to increase the maximum fee that may be charged for certain registration and licensing requirements. Provides that any increase in fees implemented by the rules adopted by the Board cannot be more than 25% of the fee amount set in this section at the time that fee is increased.

Amends GS 90-248 to amend the caption to limit compensation and expenses to Board members (was, to Board members and secretary).

Amends GS 90-249 to declare the authority and powers (was, powers) of the Board. Adds new subdivisions authorizing the Board to (1)order any records concerning the practice of opticianry and relevant to a complaint received by the Board or an inquiry or investigation conducted by the Board or on its behalfand (2) employ or retain legal counselor clerical or other professional personnel necessary to carry out the provisions of GS Chapter 90. Declares that any type of documents containing information collected and compiled on behalf of the Board in the course of an investigation, inquiry, or interview in connection with certification, licensure, or a disciplinary matter is not a public record as defined in GS Chapter 132. However, does provide that any notice or statement of charges, notice of hearing, or decision given in connection with a hearing is a public record. Provides additional criteria regarding the Board's authority to order production of records and determining which records, papers, and documents are classified as public records.

Amends GS 90-249.1 to provide that the Board may deny any application for registration of a business or trainee for any of the listed reasons including, but not limited to,engaging in fraud and misrepresentation to obtain or renew a license and being convicted of a crime involving fraud or moral turpitude. Allows the Board to assess a civil penalty, in addition to other disciplinary actions, of not more than $2,000 (was, $1,000) for a licensee or registrant (was, a licensee) for each violation of any section of Article 17. Also provides that the Board may accept an offer of compromise and only require payment of the civil penalty. Permits the filing of a complaint with the Board regarding the conduct of a licensee or a registrant (was, of a licensee). Provides that the costs of disciplinary actions may be assessed against any licensee, trainee, or business that consents to or is found guilty of a violation under this section.

Amends GS 90-250 to include fashion, cosmetic, or theater contact lenses among the products that are prohibited from being dispensed, ground, or assembled as prescribed by a licensed physician or optometrist except under the supervision of a licensed dispensing optician and in a registered optical office.

Amends GS 90-254 to provide that the general penalty for a violation under Article 17, for which no other penalty has been provided, is to receive punishment as provided in GS 14-3(a)(1) (provides that a misdemeanor for which no specific classification and no specific punishment is prescribed by statuteis punishable as a Class 1 misdemeanor).

Amends GS 105-236(a)(3), providing that in the case of failure to file any return on the due date, the Secretary of Revenue must assesss a penalty equal to 5% of the net amount (was, of the amount) of the tax due if the failure is for no more than one month, with additional amounts due for additional months. Effective when the act becomes law.

Further amends GS 105-236(a)(3), as amended above and by Section 2.18(a) of SL 2012-79, making technical and conforming changes. Effective January 1, 2014, the same effective date as Section 2.18(a) of SL 2012-79.

Provides options for the Department of Revenue (Department) in cases where the Department has assessed a failure to file penalty under GS 105-236(a)(3) against a taxpayer based on a calculation that also included taxes that were timely paid.

To be summarized at a later date.

Enacts new GS 20-192.1 to provide that a member of the State Highway Patrol may not be required to reside in the same county as the member's duty station, provided that a member must not reside in a location that would prevent the member from responding to a call for service in a timely manner.

Amends GS 15-11.2 (Disposition of unclaimed firearms not confiscated or seized as trial evidence), deleting GS 15-11.2(c), which allowed a person finding a firearm and giving it to law enforcement to then claim the firearm in specified circumstances.

Amends GS 15-11.2(d) to require the head or chief of the law enforcement agency to transfer the unclaimed firearm to the State Bureau of Investigation (SBI), (previously, head or chief could apply to the appropriate district court for disposition of the unclaimed firearm).

Amends GS 15-11.2(e) (Disposition of Firearm), requiring the SBI to dispose of the firearm in one of three ways: (1) having the firearm destroyed if it does not have a legible identification number or because it is unsafe for use; (2) by transferring it to a law enforcement agency applying for the disposition of the firearm for official use or selling it at a public auction to a licensed collector, dealer, importer, or manufacturer, in accordance with laws; or (3) by maintaining the firearm for training or experimental purposes or for use in a museum or historical society.

Provides that if the SBI sells the firearm, the SBI will keep the proceeds of the sale and use them for law enforcement purposes.  The SBI will maintain records and inventory of all firearms received from local law enforcement agencies, the disposition of the firearm, and any funds associated with the disposition of firearms.

Effective July 1, 2013, applying to any firearm found or received by local law enforcement agencies on or after that date.

Amends GS 18B-900(a) to require a person to have a valid Social Security number or be able to produce valid documentation demonstrating legal presence in the United States in order for the person to be eligible to receive and hold an ABC permit. Amends GS 18B-1002 to provide that a special one-time permit must not be issued less than 10 days before a qualifying event. Requires the North Carolina Alcoholic Beverage Control Commission to notify the Alcohol Law Enforcement Division of specified applicant and event information no more than three business days after a one-time permit is issued. Applies to permits issued on or after the date that the act becomes law.

 

Enacts new GS 108A-26.1 as the title indicates. Requires the substance abuse screening to be administered by the county department of social services in the county in which the applicant resides, or by the entity designated by the board of county commissioners in the case of residents of electing counties. Requires an applicant who fails the screening to undergo substance abuse treatment. Requires the Social Services Commission to adopt rules establishing requirements and policies for (1) substance abuse screening of applicants, (2) substance abuse treatment, (3) subsequent screening of recipients after becoming eligible for public assistance, and (4) any other relevant requirements or policies.

 

Adds new section GS 20-138.1A to require that persons charged with impaired driving offenses must have their conduct at the incident and breath-testing sites video recorded in a video that meets specified criteria. Provides that the video, which must not be disposed of until a final judgment is rendered, is admissible in a criminal, administrative, or civil proceeding by any party to the action. Further provides that a failure to produce the video recording does not constitute grounds for dismissal of an impaired driving offense if the arresting officer submits a sworn affidavit explaining the failure.
Tasks the Department of Transportation with purchasing, maintaining, and supplying necessary video equipment and tasks the Department of Public Safety with monitoring the equipment to ensure proper maintenance. Provides that the recording requirement is effective for a particular law enforcement vehicle or breath-testing site when that vehicle or site is equipped with a video recording device. Amends GS 7A-304 to require the court to order convicted defendants to pay a cost of $300 in cases in which the arresting agency utilized a video recording system, unless the cost is waived or reduced by the court. Effective December 1, 2013, and applies to impaired driving offenses committed on or after that date.

Amends GS 15A-1340.34 to provide that for the purposes of Article 81C of GS Chapter 15A, the term victim means a person directly and proximately harmed by the defendant's commission of the criminal offense and also applies to a third-party payer, including an insurer that has compensated the victim for any costs or losses described in GS 15A-1340.35. Includes a third-party payer, including an insurer that has compensated the victim or the victim's estate for injuries or damages to the victim, as entitled to restitution from the defendant sentenced for an offense for which the victim is entitled to restitution under Article 46 of GS Chapter 15A (was, required the defendant to make restitution to the victim or the victim's estate only).
Amends GS 15A-1340.35 to provide the court is to consider the pain and suffering of the victim as a result of the offense in determining the amount of restitution. Limits the amount awarded for pain and suffering to $500,000 for each victim for all offenses occurring contemporaneously.
Effective October 1, 2013, and applies to any order of restitution on or after that date.

Codifies subsections (a) through (k) of Section 15.3A (establishing the NC Human Trafficking Commission) of SL 2012-142 in new GS 143A-55.10 and makes the following changes. Expands the membership of the NC Human Trafficking Commission (Commission) from 12 to 15 by adding representatives of Legal Aid of NC, Department of Labor, the NC Justice Center, a trauma expert, the NC Coalition Against Human Trafficking, a hospital or health care representative, one of the area sexual assault response teams, a faith-based shelter or benefits organization, the State Bureau of Investigation, the State Highway Patrol, and a district attorney. Modifies who is to make each type of appointment and removes ex officio members. Provides that members serve two-year terms and are allowed to be reappointed. Provides for appointment by the Chair. Requires that office space be provided in Raleigh for the Commission. Requires the Attorney General to allocate funds, from funds available to the Department of Justice, to fund the Commission's work.

Identical to H 369, filed 3/20/13.

Amends GS 106-277.24 to increase the cap on the fine for a violation of the seed law from $500 to $10,000. Requires that the court consider the retail value of the seed when determining the fine amount and requires the payment of restitution for losses occurred when the case involves the unlawful sale of a protected seed. Allows the court to order the suspension of a violator's seed license for up to three years. Provides that violators have the ordinary right of appeal from judgments of the district and superior courts. Applies to offenses committed on or after December 1, 2013.

Amends GS 65-41 to allow the state to accept land for establishing no more than four (was, three) veterans' cemeteries. Appropriates $600,000 for 2013-14 from the General Fund to the Division of Veterans Affairs, Department of Administration, to pay for the environmental, architectural, and engineering costs associated with constructing a State Veterans' Cemetery in Goldsboro. Provides that any unspent and unencumbered funds are to revert to the General Fund three years after the act's effective date if any of the following are true: (1) the state has not received federal grant funds in an amount that, when added to state funds, is sufficient to pay for completion of the cemetery; (2) the land in Wayne County sufficient to build the cemetery has not been conveyed to the state; or (3) any of the funds are not required to complete the cemetery. Requires the state to establish, own, operate, maintain, expand, and improve such a cemetery unless conditions (1) or (2) are true. Effective July 1, 2013.