Action on Bills of Interest to People with Disabilities – Janury 31 - February 3, 2011
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. This bill was filed on the first day and heard in the Judiciary I committee on the second day of the session. It passed the House on February 2, 2011 after lengthy debate and largely partisan vote (Reps. William Brisson (D-Bladen) and Jim Crawford (D-Granville) voted with the Republican majority, 3 Republican Members had excused absences and Speaker Tillis did not vote). The bill has now been referred to the Senate Judiciary II committee, where it will be heard in committee on Tuesday, February 8 at 10 am. (There was a companion bill filed in the Senate on February 1, SB 23, Protect Health Care Freedom (Rouzer, Clary, Pate sponsors), but the Senate will be proceeding on the House bill.)
For more on HB 2 - See Health Access Coalition piece here.
And for more information on the latest court ruling related to other states' challenges to the individual mandate under the ACA, see this piece from NHeLP.
HB 4, Disapprove Closure of Dorothea Dix Hospital (Weiss, Ross, Jackson sponsors). This bill disapproves the closure of Dorothea Dix Hospital. It does not address where the funds to operate the hospital would come from. This bill was re-referred to the House Committee on Government last week but has not been scheduled.
HB 28, DHHS to Provide Law Enforcement Information (Burr, Guice, Randleman, Ingle sponsors). This bill seeks to require NC DHHS to provide law enforcement officers with certain personal information of any individual receiving services from DHHS for the purposes of furthering an investigation or locating a fugitive. The bill does state that information prohibited by federal law from being released (such as protected health information) is not subject to disclosure. The bill was filed in the House on February 1 and referred to the House Judiciary Subcommittee B.
HB 41, Tax Fairness in Education (Stam, Brawley, Collins and Hager sponsors). This bill creates an income tax credit of $1,250 for families whose dependent children are educated in a nonpublic school. For initial eligibility, the child shall have been enrolled in and attended at least 2 semesters in a public school in the preceding tax year. Taxpayers must meet taxable income criteria to qualify: $100,000, Married, filing jointly, $80,000 Head of Household, $60,000 Single and $50,000 Married filing separately. The bill also permits boards of county commissioners to appropriate funds (up to $1,000 per child per year) for the expenses of children educated in nonpublic schools. This is NOT the bill that was filed during the last session related to tax credits for students with disabilities. The bill was filed in the House on February 3 and has not yet been referred to a committee.
SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools. A 23-page Proposed Committee Substitute for SB 8 was heard in the Senate Education committee on Wednesday, February 2. The committee members debated the bill, with many questions concerning the constitutionality of the newly proposed oversight commission, the funding provisions and concerns about diversity in the charter schools. Because of a lack of time, the public comment was limited to 4 people, 2 “for” and 2”against.” The committee did not vote on the bill at that time and the bill has been referred to a sub-committee consisting of Senators Preston, Tillman, Soucek, Stevens, Graham and Stein, which will meet on Wednesday, February 9 at 10 am. Disability Rights NC is working with the School Boards Association, the State Board of Education, the NC Justice Center, the NC Association of Educators, NC Association of School Administrators and the NC Public School Forum to advocate for modified language to ensure inclusion of students with disabilities of all socioeconomic levels in charter schools.
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. Any savings realized from this year’s budget would offset next year’s projected deficit, but our Constitution doesn’t allow the Governor to change approved appropriations except when there are threats the budget will be out of balance at year’s end. Thus, in an effort to reduce the budget gap for the coming year, legislators are seeking to direct the Governor to make further reductions. The bill is expected to be passed by the Senate on Monday. It will then go to the House.
SB 22, APA Rules: Increasing Costs Prohibition (Brown, Rouzer sponsors). SB 22 seeks to limit new agency rules by amending GS 150B-19 to add that an agency may not adopt a rule that results in additional costs on persons subject to the rule unless the rule adoption is required to respond to a serious and unforeseen threat to the public health, safety, or welfare, an act of the General Assembly or United States Congress, a change in federal or State budgetary policy, a federal regulation, or a court order. This bill was filed in the Senate on February 1 and referred to the Senate Committee on Agriculture/Environment/Natural Resources.
SB 33, Medical Liability Reforms (Rucho, Apodaca, Brown sponsors). SB 33 seeks to limit medical liability claims through several reforms including a higher standard for liability when providing emergency medical care, ordering bifurcation upon motion of any party, and limiting the amount of noneconomic damages that may be awarded. The bill was filed in the Senate on February 2 and referred to the Senate Judiciary I committee. Disability Rights NC does not represent individuals in any type of personal injury or medical malpractice actions. However, this bill will likely be of interest to the disability community, so this summary is provided for informational purposes.
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. This bill was filed on the first day and heard in the Judiciary I committee on the second day of the session. It passed the House on February 2, 2011 after lengthy debate and largely partisan vote (Reps. William Brisson (D-Bladen) and Jim Crawford (D-Granville) voted with the Republican majority, 3 Republican Members had excused absences and Speaker Tillis did not vote). The bill has now been referred to the Senate Judiciary II committee, where it will be heard in committee on Tuesday, February 8 at 10 am. (There was a companion bill filed in the Senate on February 1, SB 23, Protect Health Care Freedom (Rouzer, Clary, Pate sponsors), but the Senate will be proceeding on the House bill.)
For more on HB 2 - See Health Access Coalition piece here.
And for more information on the latest court ruling related to other states' challenges to the individual mandate under the ACA, see this piece from NHeLP.
HB 4, Disapprove Closure of Dorothea Dix Hospital (Weiss, Ross, Jackson sponsors). This bill disapproves the closure of Dorothea Dix Hospital. It does not address where the funds to operate the hospital would come from. This bill was re-referred to the House Committee on Government last week but has not been scheduled.
HB 28, DHHS to Provide Law Enforcement Information (Burr, Guice, Randleman, Ingle sponsors). This bill seeks to require NC DHHS to provide law enforcement officers with certain personal information of any individual receiving services from DHHS for the purposes of furthering an investigation or locating a fugitive. The bill does state that information prohibited by federal law from being released (such as protected health information) is not subject to disclosure. The bill was filed in the House on February 1 and referred to the House Judiciary Subcommittee B.
HB 41, Tax Fairness in Education (Stam, Brawley, Collins and Hager sponsors). This bill creates an income tax credit of $1,250 for families whose dependent children are educated in a nonpublic school. For initial eligibility, the child shall have been enrolled in and attended at least 2 semesters in a public school in the preceding tax year. Taxpayers must meet taxable income criteria to qualify: $100,000, Married, filing jointly, $80,000 Head of Household, $60,000 Single and $50,000 Married filing separately. The bill also permits boards of county commissioners to appropriate funds (up to $1,000 per child per year) for the expenses of children educated in nonpublic schools. This is NOT the bill that was filed during the last session related to tax credits for students with disabilities. The bill was filed in the House on February 3 and has not yet been referred to a committee.
SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools. A 23-page Proposed Committee Substitute for SB 8 was heard in the Senate Education committee on Wednesday, February 2. The committee members debated the bill, with many questions concerning the constitutionality of the newly proposed oversight commission, the funding provisions and concerns about diversity in the charter schools. Because of a lack of time, the public comment was limited to 4 people, 2 “for” and 2”against.” The committee did not vote on the bill at that time and the bill has been referred to a sub-committee consisting of Senators Preston, Tillman, Soucek, Stevens, Graham and Stein, which will meet on Wednesday, February 9 at 10 am. Disability Rights NC is working with the School Boards Association, the State Board of Education, the NC Justice Center, the NC Association of Educators, NC Association of School Administrators and the NC Public School Forum to advocate for modified language to ensure inclusion of students with disabilities of all socioeconomic levels in charter schools.
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. Any savings realized from this year’s budget would offset next year’s projected deficit, but our Constitution doesn’t allow the Governor to change approved appropriations except when there are threats the budget will be out of balance at year’s end. Thus, in an effort to reduce the budget gap for the coming year, legislators are seeking to direct the Governor to make further reductions. The bill is expected to be passed by the Senate on Monday. It will then go to the House.
SB 22, APA Rules: Increasing Costs Prohibition (Brown, Rouzer sponsors). SB 22 seeks to limit new agency rules by amending GS 150B-19 to add that an agency may not adopt a rule that results in additional costs on persons subject to the rule unless the rule adoption is required to respond to a serious and unforeseen threat to the public health, safety, or welfare, an act of the General Assembly or United States Congress, a change in federal or State budgetary policy, a federal regulation, or a court order. This bill was filed in the Senate on February 1 and referred to the Senate Committee on Agriculture/Environment/Natural Resources.
SB 33, Medical Liability Reforms (Rucho, Apodaca, Brown sponsors). SB 33 seeks to limit medical liability claims through several reforms including a higher standard for liability when providing emergency medical care, ordering bifurcation upon motion of any party, and limiting the amount of noneconomic damages that may be awarded. The bill was filed in the Senate on February 2 and referred to the Senate Judiciary I committee. Disability Rights NC does not represent individuals in any type of personal injury or medical malpractice actions. However, this bill will likely be of interest to the disability community, so this summary is provided for informational purposes.
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