Bill Update for Week of February 21

Bills Previously Filed with Activity this week (Click on the bill number to link to the General Assembly website for full text and other information about the bill):



HB 2, Protect Health Care Freedom (Barnhart, Stam, Hollo, Murry sponsors).  This bill seeks to prevent the implementation of the Affordable Care Act (i.e., healthcare reform legislation) provision that mandates individual health insurance.  It also mandates that the Attorney General shall either join or bring a lawsuit challenging this provision.  The House concurred with the Senate committee substitute this week.  The bill now goes to the Governor.  Last Friday, the Governor indicated that she will not veto the legislation.  She may be reconsidering that decision in light of a letter from Attorney General Roy Cooper this week highlighting the financial implications to the Medicaid program that could result from the law's enactment. For more coverage of the Attorney General's letter click here.

SB 8, No Cap on Number of Charter Schools (Stevens sponsor).  This bill eliminates the existing cap of 100 charter schools and makes a number of changes to the existing statute governing charter schools.  The bill passed the Senate Finance committee and a full Senate vote this week.  Several amendments were proposed on the floor aimed at ensuring diversity and that charter schools are open to all students.  Most failed.  One amendment, advocated for by DRNC, was passed to add certain reporting requirements for the charter school commission to report to the Legislative Oversight Committee on Education.  The bill does now include language related to students with disabilities in several areas: a charter school's application must include a plan for identifying and successfully serving students with disabilities, among other student groups; nothing in the subsection related to admission requirements shall be interpreted to preclude the formation of a charter school whose mission is focused on serving students with disabilities, among other student groups; and the annual reporting requirements include annual data disaggregated by charter school on the gender, race and ethnicity and disability status of students enrolled in charter schools; testing data disaggregated by the purpose of the charter school, and by gender, race and ethnicity, and disability; the number of students long-term suspended and expelled; the number of students receiving a free and reduced meal plan through a federal subsidy program; the number of students receiving a free and reduced meal plan through means other than a federal subsidy program; and the number of students receiving special education services.  The current statute does also state that  schools must comply with policies adopted by the State Board of Education for charter schools relating to the education of children with disabilities.  However, the statute also includes language that states that schools shall not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry EXCEPT as otherwise provided by law or the mission of the school as set out in the charter.  Disability Rights NC believes that this language could be interpreted to allow discimination against students with disabilities in the admissions process.  The bill now proceeds to the House, where we will continue to advocate for the removal of this language from the statute.

SB 13, Balance Budget Act of 2011, (Stevens, Brunstetter, Hunt sponsors).  SB 13 seeks to reduce the current year's budget by at least $400 million, and directs transfers from various funds. The Governor vetoed this bill this week.  The Senate has already filed another bill directing reductions, without specifically directing the transfer from various funds.  SB 109, Spending Cuts for the Current Fiscal Year (Stevens, R., Brunstetter, Hunt Sponsors) directs the Governor to reduce expenditures in the 2010-11 fiscal year in order to increase General Fund availability for the 2011 2012 fiscal year by $537,740,799 by taking all actions necessary and by identifying funds in non-General Fund accounts for transfer to the General Fund on June 30, 2011. It does not apply to funds available to the Judicial Branch or the Legislative Branch. The bill was filed in the Senate on February 22 and has not yet been referred to a committee.

SB 58, Modify FMAP Cuts/Authorize Use of Credit Balance (Brunstetter, Hunt, Stevens Sponsors). SB 58 seeks to prevent reductions in Medicaid provider rates and retirement system contributions to "backfill" the expiring funds from the temporary increased FMAP (the federal Medicaid match) received under the Recovery Act.  It also authorizes the use of $125 million of the funds in the unreserved credit balance on June 30, 2010 to address Medicaid liabilities incurred in the 2009‑2010 fiscal year.  The bill received a favorable report from the Senate Appropriations committee and passed 2d and 3d reading in the Senate this week.  It will now proceed to the House.

New Bills:

HB 154, Reform Medical Malpractice Evidentiary Rules (Faison Sponsor). This bill seeks to permit the introduction of evidence regarding the defendants’ insurance coverage in any civil action. It was filed in the House and has been referred to the House Judiciary Committee.



HB 183, HOA/Limit Foreclosures (Bryant, Hamilton, Gill, Moore, R. Sponsors). This bill prohibits Homeowners Associations from foreclosing on property where the debt securing the Association assessment lien consists solely of unpaid Homeowners Association dues or other costs associated with unpaid Homeowners Association dues. However, the Association may collect the lien as a money judgment. The bill was filed in the House on February 24 and has not yet been referred to a committee.  HB 183 could prevent a person with a disability who has been unable to pay HOA dues for reasons related to their disability for any number of reasons - waiting to be approved for SSI/SSDI, disputed HOA assessments based on fair housing discimination, etc. - from losing their home to foreclsoure.

SB 95, Fair Housing Act Amendment (Kinnaird Sponsor). This bill seeks to prohibit discrimination on the basis of receipt of housing assistance (such as a Housing Choice voucher). This is the same bill that Senator Kinnaird filed in 2009, which passed successfully through the Senate but not through the House. It was referred to the Senate Commerce committee. A recent report to HUD examines the positive effect of such laws on voucher utilization and locational outcomes.

SB 96, Prohibit Request to Disclose Expunction (Kinnaird, McKissick Sponsors). This bill seeks to clear the public record of any entry of any arrest or criminal charge that has been expunged so that (i) the person who is entitled to and obtains the expunction may omit reference to the charges to potential employers and others and (ii) a records check for prior arrests and convictions will not disclose the expunged entries. It also prohibits any public or private sector employer from requiring an applicant for employment or admission to disclose information concerning any arrest or criminal charge against the applicant that has been expunged. It has been referred to the Senate Judiciary II Committee.

SB 108, Civil Litigation Costs Reform Act of 2011 (Rouzer Sponsor). This bill seeks to establish a general rule in civil actions that prevailing defendants be awarded attorneys’ fees. The bill was filed in the Senate on February 22 and has not yet been referred to a committee.

SB 115, Coverage for Treatment of Autism Disorders (Purcell, Garrou, Mansfield Sponsors). SB 115 seeks to require health benefit plans, including the State Health Plan, to provide coverage for treatment of Autism Spectrum Disorders. The bill was filed in the Senate on February 23 and has not yet been referred to a committee. The Autism Society of North Carolina is leading this effort, which would provide great benefit to families with health insurance seeking treatment for family members with autism.

 

SB 121, Eligibility Requirements/Public Assistance (Rouzer Sponsor). SB 121 seeks to require applicants for public assistance to undergo drug testing through the county department of social services before the applicant is eligible for public assistance. If an applicant fails to pass the substance abuse screening, the applicant would then be required to undergo substance abuse treatment. The bill also directs the Social Services Commission to adopt rules that establish requirements and policies for (i) substance abuse screenings of applicants, (ii) substance abuse treatment, when applicable, (iii) subsequent screenings of recipients after becoming eligible for public assistance, and (iv) any other requirements or policies the Commission deems relevant. The bill was filed in the Senate on February 23 and has not yet been referred to a committee. Disability Rights NC is very concerned about the implications of this bill. It provides additional requirements of applicants not included in federal law, and places a tremendous burden and expense on counties.