A key part of the bill is that each "qualified recipient" shall receive $50,000. A "qualified recipient" is: "An individual who was asexualized or sterilized under the authority of the Eugenics Board of North Carolina in accordance with Chapter 224 of the Public Laws of 1933 or Chapter 221 of the Public Laws of 1937, and who was living on March 1, 2010." So anyone -- without distinction regarding the circumstances -- who was sterilized by order of the Eugenics Board and surived until March 2010 is entitled to compensation.
The trusts and estates professor in me is particularly interested in this part of the bill, which excludes compensation as available assets for determination of eligibility for government assistance programs:
§ 143B‑426.56. Compensation excluded as income, resources, or assets.
(a) Any payment made under this section is not subject to income tax as provided in G.S. 105‑134.6(b)(23), nor to be considered income or assets for purposes of determining the eligibility for, or the amount of, any benefits or assistance under any State or local program financed in whole or in part with State funds.
(b) Pursuant to G.S. 108A‑26.1, the Department of Health and Human Services shall do the following:
(1) Provide income, resource, and asset disregard to an applicant for or recipient of public assistance who receives compensation under this Part. The amount of the income, resource, and asset disregard shall be equal to the total compensation paid to the individual from the Eugenics Sterilization Compensation Fund.
(2) Provide resource protection by reducing any subsequent recovery by the State under G.S. 108A‑70.5 from a deceased recipient's estate for payment of Medicaid‑paid services by the amount of resource disregard given under subdivision (1) of this subsection.
(3) Adopt rules to implement the provisions of subdivisions (1) and (2) of this subsection.