Bill Update for the Week of April 11

Bills Previously Filed with Action Last Week:

HB 30, Allow Wage Garnishment to Satisfy Judgments (Moore Sponsor). As originally filed, this bill would drastically expand wage garnishment for judgments. However, a Proposed Committee Substitute with a much limited scope was moved forward this week in the House Judiciary C committee. This version only seeks wage garnishment for violation of unfair trade practices, which alleviated our concerns about its impact on people with disabilities. It will next be heard in the House Finance committee.

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. The bill was on the calendar in the House for concurrence on Monday evening. The House voted 113-4 to concur (Boles, Daughtry, Iler and Stone voted against concurrence).

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. HB 377 received a favorable report from the House Health and Human Services committee this week. Despite the average stay of 180 days, the Department objected to this change, and there was a fair amount of discussion. However, the committee passed the language with the 180 day change. Additionally, this language has been incorporated into the House Health and Human Services Appropriations budget language.

HB 595, Reorganization/Legislative Oversight Comns (Barnhart, Burr Sponsors). HB 595 proposes a new structure for the numerous legislative committees and commissions, including establishing a Joint Legislative Oversight Committee on Health and Human Services, which merges the Study Commission on Aging, the Joint Legislative Health Care Oversight Committee, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Public Health Study Commission. HB 595 has successfully passed through the House and will now be referred to the Senate.

HB 614, DMA Post Public Notices of Change on Website (Murry, Dollar, Brisson Sponsors). HB 614 seeks to require the Department of Health and Human Services to publish on its web site public notices of changes in statewide methods and standards for setting medicaid payment rates. It has successfully passed through the House and has been referred to the Senate Healthcare committee.

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 House this week and was referred back to the Senate. The Senate failed to concur with the changes made in the House and a conference committee has now been appointed.

SB 394, Clarify Process/Reportable Offenses in Schools (Newton, Tillman, Preston Sponsors). SB 394 seeks to amend the statute (115C-288(g)) regarding principal reporting of certain acts to law enforcement. A Proposed Committee Substitute (PCS) was heard in the Senate Judiciary I committee on April 7. The PCS changed the consequences for a principal’s failure to report an offense under the section from a Class 3 misdemeanor to demotion or dismissal. It still makes clear that the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by this subsection. There was a concern that additional offenses would be added to the list mandated to be reported, which Disability Rights NC has opposed in the past. However, the bill received a favorable report from the committee and a unanimous vote by the full Senate, without change. It now proceeds to the House.

SB 437, Enact First Evaluation Program (Hartsell Sponsor). SB 437 seeks to codify a practice that has been piloted that allows the Secretary to waive the requirements for a physician or eligible psychologist to perform the initial examination for involuntary commitment and substitute a licensed clinical social worker, a master's level psychiatric nurse, or a master's level certified clinical addictions specialist at the request of an LME. When making and considering the request, certain criteria must be addressed. The proposed statutory language also specifies that the waiver shall be for 3 years and the LME shall assure that a physician is available at all times to provide backup support to include telephone consultation and face to face evaluation, if necessary. A Proposed Committee Substitute for SB 437 was heard in the Senate Healthcare committee this week. The PCS adds licensed professional counselors to the list of practitioners who may conduct the examinations and clarifies that master’s level certified clinical addiction specialists are only authorized to conduct the initial examination of individuals for whom commitment is being sought based on substance abuse. The committee approved the PCS and the bill is scheduled to be heard on Monday evening in the Senate.

SB 498, Modify Law re: Corporal Punishment (Pate, Purcell Sponsors). SB 498 seeks to amend the law related to corporal punishment of children in public schools to restrict corporal punishment only to students whose parent or guardian has stated in writing that corporal punishment may be administered on that student. Parents and guardians shall be given a form to make such an election at the beginning of the school year or when the student first enters the school during the school year. SB 498 received a favorable report from the Senate Education committee this week and will be heard in the full Senate on Monday evening.

Newly Filed Bills:

HB 862, Election Integrity/Voter Access Act (Hall, Owens, Spear, Hill Sponsors). HB 862 would require voters to produce valid photo identification, a current utility bill, bank statement, government check, paycheck, or other government document. If the voter is unable to produce such identification, he or she must sign an affidavit stating the voter’s name, date of birth, and address with a clear statement that knowingly making a false statement is a Class I felony. It is the Democrats’ version of the voter identification bill. Whether this bill proceeds will likely depend upon what happens with HB 351.  It has been referred to the House Elections committee.

HB 863, Behavioral Health Services For Military/Funds (Martin; Parfitt; Hall Sponsors) (SB597 (Purcell Sponsor) was also filed in the Senate). HB 863 would require LMEs and schools to make certain staffing and procedural changes to ensure that care for members of the military, veterans, and their families, whose care is funded through federal programs is coordinated appropriately.  It has been referred to the House Appropriations committee.

HB 866, Transition Residential Schools To Department Of Public Instruction (Insko; Glazier Sponsors). HB 866 codifies the transfer of control of the state’s Residential Schools (the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf in Wilson, and the North Carolina School for the Deaf in Morganton). The State Board of Education would be required to promulgate rules providing for: 1) codes of conduct and appeals provisions for students, 2) Policies and procedures for academic performance and academic discipline, and 3) reasonable fees and charges for extracurricular activities, transportation for extracurricular activities, and athletics. The bill would also require that each school establish a “Student Rights Advisory Committee” to monitor, review, and evaluate programs and procedures related to student rights, safety, security, and quality of life and to review data and make recommendations regarding cases of alleged abuse, neglect, exploitation, or student rights violations arising from actions or policies of the school or its staff. This section on the Student Rights Advisory Committees is intended to codify the committees currently knows as Human Rights Committees. The bill also seeks funding to bring back the 3 principal positions at the schools and 3 positions to support the Executive Director (now known as the Superintendent). Disability Rights NC worked with DPI, and others on this legislation and we support the bill. It is our understanding that advocates for the schools still have some remaining concerns.  It has been filed in the House but not yet referred to a committee.

SB 551, Establish State Public Health Authority (Hartsell Sponsor). SB 551 would decentralize public health functions from the state level except for the State Lab, Vital Records, Medical Examiner, and Public Health Emergency Response. Authority for all other responsibilities currently vested in the Department of Public Health would reside with four Regional Public Health Authorities and an Institute for Public Health Improvement. Counties could, at their election, select a regional authority to serve as the public health department for the county. The Institute for Public Health Improvement would administer the four regional authorities and receive all state and federal funds for public health. It has been referred to the Senate Healthcare committee.

SB 574, Senior Or Disabled Care Tax Credit (Robinson Sponsor). SB 574 seeks to provide a tax credit for training, supplies, and transportation costs incurred in caring for an elderly or disabled family member.  It has been referred to the Senate Finance committee.

SB 578, LME Minimum Population (Hartsell).  SB 578 seeks to set a minimum threshold for the population of the catchment area of a LME - to 300,000 by July 1, 2012 and 500,000 by July 1, 2013.  It has been referred to the Senate Mental Health committee.

SB 595, Voter Identification At Polls (Clary). SB 595 is the Senate companion bill to the House Voter ID bill, HB 351. It would require voters to produce valid photo identification in order to vote. It would also require county boards of elections to make voter identification cards including a photo and other personal information available, without a fee, to any voter who does not have a valid driver’s license or state identification card. This bill would allow for voters without the required identification to vote a provisional ballot. The bill would also waive the fee for Special Identification Cards produced by the DMV for those who are blind, over age 70, homeless, or lack other valid photo identification but are registered to vote. It has been referred to the Senate Judiciary I committee.

SB 607, Conform Medical Record Laws (Stein). SB 607 seeks to amend various sections in the General Statutes to make it easier to share currently protected health information. The legislation was developed in conjunction with the SB 375 setting up the statewide Health Information Exchange (HIE). Information shared through the HIE may be shared for all HIPAA permitted purposes. However, there are several state laws that provide for stricter standards for the disclosure of information than HIPAA. This bill attempts to bring these two standards closer together. Of particular interest to Disability Rights NC is the provision seeking to revise exceptions to confidentiality under 122C, which covers MH/DD/SA service providers. The bill allow service providers to share confidential information to coordinate (which means the provision, coordination, or management of MH/DD/SA services and includes the referral of a client from one facility to another) to coordinate appropriate and effective care, treatment or habilitation of the client. Before making such disclosures, the provider shall inform the client that the facility may make such disclosures unless the client objects in writing. If the client objects in writing, the disclosures are prohibited. A covered entity receiving confidential information under this provision may use and disclose the information when necessary to conduct quality assessment and improvement activities or to coordinate appropriate and effective care, treatment, or habilitation of the client. This language is a compromise reached among the provider community, DHHS and advocates, which Disability Rights NC has agreed not to oppose. We will be following this legislation closely.  It has been filed in the Senate but not yet referred to a committee.

SB 624,  Modify Hearing & Mailings for Rule Making (Preston). SB 624 seeks to require state agencies to increase notice to counties and the public of proposed rules by 1) notifying county governments of proposed rules that will affect their county, 2) publishing notice in at least one newspaper in each affected county of how to access the text of the proposed rule by internet, and 3) holding public hearings within 60 miles of each affected county where a resident has requested a hearing in writing.  It has been filed in the Senate but not yet referred to a committee.