Bills Previously Filed with Action Last Week:
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. A new Proposed Committee Substitute was heard in House Education this week and received a favorable report. This version of the bill again makes changes to the proposed charter schools commission and allows the State Board to veto decisions of the commission by a two-thirds vote. It now also requires that a school's application include a school's plans for providing transportation and food services, also stating that, for each, the school shall make efforts to ensure that it is not a barrier to any student from a household with income below 185% of the poverty level and within within 3 miles, in the case of transportation. The bill will now proceed to House Finance.
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. Last week, the Senate concurred in the House Committee Substitute and ratified. It now goes to the Governor.
HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors). HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror. It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror. Disability Rights NC is working with the sponsors to support the bill. The bill was Referred to the House Judiciary Subcommittee A , where it was heard on March 16. There was one amendment to the bill in the committee – to change the age at which a potential juror can ask to be excused for age alone from 72 to 66. There was no opposition to the amendment in committee but, unfortunately, the amendment proved to be an issue on the House floor. The bill was heard in the House on Thursday, March 17 and while there were still some who spoke against the bill on the ground that it should be allowable to exclude people who are deaf from a jury pool, most of the opposition appeared to be to the lowering of the age. The House voted 92-24 in favor of the bill but objected to 3d reading, so there will be another vote next Tuesday, March 22.
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. A new Proposed Committee Substitute was heard in House Education this week and received a favorable report. This version of the bill again makes changes to the proposed charter schools commission and allows the State Board to veto decisions of the commission by a two-thirds vote. It now also requires that a school's application include a school's plans for providing transportation and food services, also stating that, for each, the school shall make efforts to ensure that it is not a barrier to any student from a household with income below 185% of the poverty level and within within 3 miles, in the case of transportation. The bill will now proceed to House Finance.
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. Last week, the Senate concurred in the House Committee Substitute and ratified. It now goes to the Governor.
SB 248, Update Archaic Disability Terms (Hartsell Sponsor). SB 248 recommends several changes throughout the statutes regarding appropriate terminology for people with disabilities. It reflects recommendations made by the General Statutes Commission. SB 248 was heard in the Senate Committee on Healthcare last Wednesday, March 16 and proceeded to the Senate floor where it passed 2d and 3d reading on Thursday, March 17.
Newly Filed Bills:
HB 344, Tax Credits for Children with Disabilities (Stam, Randleman, Jordan and Jones Sponsors). The bill creates an income tax credit for families of children with disabilities who require special education and are attending a nonpublic school or in a public school at which tuition is charged. The credit is equal to the amount the taxpayer paid for tuition and special education and related services expenses, not to exceed three thousand dollars ($3,000) per semester. For home schools, the credit is equal to the amount the taxpayer paid for special education and related services expenses, not to exceed three thousand dollars ($3,000) per semester. It also creates a Fund for Special Education and Related Services, with $2,000 per tax credit given being transferred to the Fund each year. The State Board of Education shall use the revenue in the Fund only for special educational and related services for children with disabilities. HB 344 was filed in the House last week and referred to the House committee on Education, and, if favorable, Finance. Disability Rights NC neither supports nor opposes the bill.
HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill, will require photo identification before voting. The bill also makes a number of other changes to the election laws related to campaign finance. The bill was filed Monday night. A public hearing was held on Tuesday afternoon, followed by a committee meeting to discuss the bill. The bill will be discussed in the Election Law committee again next week but it is unclear whether the committee will vote or not. The bill requires voters to present one of seven types of photo identification at polling places in order to vote: a NC drivers license; special identification card from the Division of Motor Vehicles (which will be free under the bill’s proposed changes to anyone eligible to vote who does not have a valid photo identification acceptable under this section); a valid identification card issued by any branch, department, agency or entity of any state in the U.S. authorized by law to issue personal ID; a valid US passport; a valid employee ID card issued by any branch, department, agency or entity of the US, NC, or any county, municipality, board, authority or other entity of this state; a valid US military ID card; a valid tribal ID card; or a valid NC Voter Identification card (a new form of photo ID to be issued by county boards of election). To obtain a Voter ID card, a person must present a photo identity document or a nonphoto identity document if it has the person’s name, evidence that the person is registered to vote in NC, and documentation showing the person’s name and residence address. (Note there is no change to the voter registration application which DOES NOT require photo ID but requires a drivers license number or, if the applicant does not have a drivers license number, the last four digits of the applicant's social security number, and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application.) The proposed Voter ID card is only valid as long as the person resides at that address and remains qualified to vote – each time a person moves, he/she will have to obtain a new card and surrender the old card. To register and vote at a one-stop site, a voter will have to present photo ID as described above. If a voter is not able to present photo ID, the voter may vote a provisional ballot but will need to come back and provide valid photo ID and execute an affidavit affirming that she voted on election day or at an early voting site. It also adds the voter presenting proof of identification as a reason to challenge another voter; and adds “observer” to the list of officials who may enter challenges against voters. The bill also modifies the requirement for requesting absentee ballots so that the requestor need only sign the ballot and not write the entire request. At the public hearing DRNC discussed barriers that already lead to people with disabilities voting at a rate 10-15% lower than the rest of the population, and our concerns that additional requirements will only further deter voters with disabilities. We also suggested several changes to the legislation including an exemption for eligible voters living in long term care facilities, to allow voters with a valid ID to prove a new address with accompanying documentation to change registration or vote at an Early Voting site, and to allow the ID requirement to be waived if the poll worker can corroborate the voter’s identity. A Senate version, SB 352 (Meredith and Hise Sponsors) was also filed this week.
HB 364, Funds/Project C.A.R.E. (Adams Sponsor). HB 364 seeks funds for the Project Caregiver Alternatives to Running on Empty program. The bill was filed in the House on March 15 and referred to the House Appropriations Committee.
HB 374, Eugenics Records/Public Records Exemption (Womble and Parmon Sponsors). The bill makes clear that records in the custody of the State concerning the North Carolina Eugenics Board program are not public records to the extent they concern: (i) persons impacted by the program, (ii) persons or their guardians or authorized agents inquiring about the impact of the program on them, (iii) persons or their guardians or authorized agents inquiring about the potential impact of the program on others. It also states that a person impacted by the program may obtain that person's individual records under the program, and a guardian or authorized agent of that person may also obtain them. The bill was filed in the House on March 16 and referred to the Judiciary Committee.
HB 377, Strengthening Residential Placement (Brisson Sponsor). HB 377 seeks changes to the budget special provision regarding the restructuring of Level III and IV mental health residential placements to add that an assessment shall be completed to ensure the appropriateness of placement before admission to such a placement; to extend the length of stay to 180 from 120 days (180 is the average length of stay); and to specify that the authorization approval is not conditional upon all signatures and that LMEs shall designate appropriate individuals who can sign the discharge plan within 24 hours of receipt. The bill was filed in the House on March 16 and referred to the House Committee on Health and Human Services.
HB 397, DHHS Penalties and Remedies Revision (DHHS Agency Bill) (Lewis Sponsor). HB 397 seeks to amend facility penalty provisions under 122C, 131D and 131E to split Type A violations into Type A1 (violations that result in death or serious physical harm, abuse, neglect, or exploitation) and Type A2 violations (violations that result in substantial risk that death or serious physical harm, abuse, neglect, or exploitation will occur). When a Type A1 violation is found, the person making the finding shall require a written plan of protection regarding how the facility will immediately abate the Type A1 Violation in order to protect clients from further risk or additional harm; and the Department shall impose civil penalties. A Type A2 violation still requires a written plan of protection but civil penalties are only imposed when the facility fails to correct. It also prohibits a penalty for a past corrected violation (defined as a violation not previously identified by the Department that has been corrected) when the violation or violations were abated immediately; and the facility implemented corrective measures to achieve and maintain compliance. HB 397 was filed on March 16 and referred to the House Judiciary A Committee, and, if favorable, to Finance.
SB 370, Increase Disabled Vet Property Tax Exclusion (Tillman and Soucek Sponsors). The bill seeks to increase the disabled veteran property tax homestead exclusion from $45,000 to $65,000. It has been filed in the Senate but not yet referred to a committee.
SB 375, Facilitate Statewide Health Info. Exchange (Stein and Brunstetter Sponsors). SB 375 seeks to set up a statewide health information exchange network. The framework proposed is to facilitate the exchange of healthcare information among covered healthcare providers within the confines of HIPAA. It allows individuals the right to opt out if they so choose. The provisions proposed only apply to protected health information disclosed within the Health Information Exchange. It has been filed in the Senate but not yet referred to a committee.
Newly Filed Bills:
HB 344, Tax Credits for Children with Disabilities (Stam, Randleman, Jordan and Jones Sponsors). The bill creates an income tax credit for families of children with disabilities who require special education and are attending a nonpublic school or in a public school at which tuition is charged. The credit is equal to the amount the taxpayer paid for tuition and special education and related services expenses, not to exceed three thousand dollars ($3,000) per semester. For home schools, the credit is equal to the amount the taxpayer paid for special education and related services expenses, not to exceed three thousand dollars ($3,000) per semester. It also creates a Fund for Special Education and Related Services, with $2,000 per tax credit given being transferred to the Fund each year. The State Board of Education shall use the revenue in the Fund only for special educational and related services for children with disabilities. HB 344 was filed in the House last week and referred to the House committee on Education, and, if favorable, Finance. Disability Rights NC neither supports nor opposes the bill.
HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill, will require photo identification before voting. The bill also makes a number of other changes to the election laws related to campaign finance. The bill was filed Monday night. A public hearing was held on Tuesday afternoon, followed by a committee meeting to discuss the bill. The bill will be discussed in the Election Law committee again next week but it is unclear whether the committee will vote or not. The bill requires voters to present one of seven types of photo identification at polling places in order to vote: a NC drivers license; special identification card from the Division of Motor Vehicles (which will be free under the bill’s proposed changes to anyone eligible to vote who does not have a valid photo identification acceptable under this section); a valid identification card issued by any branch, department, agency or entity of any state in the U.S. authorized by law to issue personal ID; a valid US passport; a valid employee ID card issued by any branch, department, agency or entity of the US, NC, or any county, municipality, board, authority or other entity of this state; a valid US military ID card; a valid tribal ID card; or a valid NC Voter Identification card (a new form of photo ID to be issued by county boards of election). To obtain a Voter ID card, a person must present a photo identity document or a nonphoto identity document if it has the person’s name, evidence that the person is registered to vote in NC, and documentation showing the person’s name and residence address. (Note there is no change to the voter registration application which DOES NOT require photo ID but requires a drivers license number or, if the applicant does not have a drivers license number, the last four digits of the applicant's social security number, and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application.) The proposed Voter ID card is only valid as long as the person resides at that address and remains qualified to vote – each time a person moves, he/she will have to obtain a new card and surrender the old card. To register and vote at a one-stop site, a voter will have to present photo ID as described above. If a voter is not able to present photo ID, the voter may vote a provisional ballot but will need to come back and provide valid photo ID and execute an affidavit affirming that she voted on election day or at an early voting site. It also adds the voter presenting proof of identification as a reason to challenge another voter; and adds “observer” to the list of officials who may enter challenges against voters. The bill also modifies the requirement for requesting absentee ballots so that the requestor need only sign the ballot and not write the entire request. At the public hearing DRNC discussed barriers that already lead to people with disabilities voting at a rate 10-15% lower than the rest of the population, and our concerns that additional requirements will only further deter voters with disabilities. We also suggested several changes to the legislation including an exemption for eligible voters living in long term care facilities, to allow voters with a valid ID to prove a new address with accompanying documentation to change registration or vote at an Early Voting site, and to allow the ID requirement to be waived if the poll worker can corroborate the voter’s identity. A Senate version, SB 352 (Meredith and Hise Sponsors) was also filed this week.
HB 364, Funds/Project C.A.R.E. (Adams Sponsor). HB 364 seeks funds for the Project Caregiver Alternatives to Running on Empty program. The bill was filed in the House on March 15 and referred to the House Appropriations Committee.
HB 374, Eugenics Records/Public Records Exemption (Womble and Parmon Sponsors). The bill makes clear that records in the custody of the State concerning the North Carolina Eugenics Board program are not public records to the extent they concern: (i) persons impacted by the program, (ii) persons or their guardians or authorized agents inquiring about the impact of the program on them, (iii) persons or their guardians or authorized agents inquiring about the potential impact of the program on others. It also states that a person impacted by the program may obtain that person's individual records under the program, and a guardian or authorized agent of that person may also obtain them. The bill was filed in the House on March 16 and referred to the Judiciary Committee.
HB 377, Strengthening Residential Placement (Brisson Sponsor). HB 377 seeks changes to the budget special provision regarding the restructuring of Level III and IV mental health residential placements to add that an assessment shall be completed to ensure the appropriateness of placement before admission to such a placement; to extend the length of stay to 180 from 120 days (180 is the average length of stay); and to specify that the authorization approval is not conditional upon all signatures and that LMEs shall designate appropriate individuals who can sign the discharge plan within 24 hours of receipt. The bill was filed in the House on March 16 and referred to the House Committee on Health and Human Services.
HB 397, DHHS Penalties and Remedies Revision (DHHS Agency Bill) (Lewis Sponsor). HB 397 seeks to amend facility penalty provisions under 122C, 131D and 131E to split Type A violations into Type A1 (violations that result in death or serious physical harm, abuse, neglect, or exploitation) and Type A2 violations (violations that result in substantial risk that death or serious physical harm, abuse, neglect, or exploitation will occur). When a Type A1 violation is found, the person making the finding shall require a written plan of protection regarding how the facility will immediately abate the Type A1 Violation in order to protect clients from further risk or additional harm; and the Department shall impose civil penalties. A Type A2 violation still requires a written plan of protection but civil penalties are only imposed when the facility fails to correct. It also prohibits a penalty for a past corrected violation (defined as a violation not previously identified by the Department that has been corrected) when the violation or violations were abated immediately; and the facility implemented corrective measures to achieve and maintain compliance. HB 397 was filed on March 16 and referred to the House Judiciary A Committee, and, if favorable, to Finance.
SB 344, Government Transparency Act of 2011 (Clary, Tucker and Goolsby Sponsors). SB 344 would require state agencies and other public entities (including LMEs and counties) to maintain information on employee performance and the reasons for each promotion, demotion, transfer, suspension, separation, or other change in position classification. The bill was filed in the Senate on March 14 and referred to the Senate Judiciary I Committee.
SB 370, Increase Disabled Vet Property Tax Exclusion (Tillman and Soucek Sponsors). The bill seeks to increase the disabled veteran property tax homestead exclusion from $45,000 to $65,000. It has been filed in the Senate but not yet referred to a committee.
SB 375, Facilitate Statewide Health Info. Exchange (Stein and Brunstetter Sponsors). SB 375 seeks to set up a statewide health information exchange network. The framework proposed is to facilitate the exchange of healthcare information among covered healthcare providers within the confines of HIPAA. It allows individuals the right to opt out if they so choose. The provisions proposed only apply to protected health information disclosed within the Health Information Exchange. It has been filed in the Senate but not yet referred to a committee.
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