Bill Update for the Week of April 4

Bills Previously Filed with Action Last Week:
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. It was approved unanimously by the Senate last Tuesday, which also approved a minor amendment that clarified that the number of days in advance a juror must request to be excused are business days.   The bill was then referred back to the House for concurrence and is on the House calendar for Monday evening.

HB 329, Bldg Codes/Expand Equine Exemption (Horn, Dixon, Faircloth, Burr Sponsors). HB 329 seeks to exempt from the building code farm buildings used for certain temporary spectator events. The bill was again amended and voted on in the House last week.  The building code exemption proposed is now further narrowed to exempt farm buildings used for a spectator event for 50 or more people only if a permit is issued by the fire marshal (which can only be issued if the event is not more than 4 times per year (up to 24 hours each time), outstanding unsafe conditions have been mitigated and a fire watch established).  The bill will next be heard in the Senate Agriculture Committee.

HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill seeks to require photo identification before voting. The week of March 28 a version of the bill with an expanded list of acceptable identification was discussed in committee.  However, this past week, a version much more like the original was proposed and voted upon favorably by the House Elections Committee.  This latest version did retain the exception for voters with disabilities, although it removes the language regarding the judgment of the election official: “any voter with a disability who does not present photo identification shall be permitted to vote as provided in this subsection. To satisfy the requirement of this subsection, a person who is at least 18 years of age accompanying the voter with a disability shall execute an affidavit, in the form prescribed by the State Board, affirming under the penalties of perjury that the voter with a disability is the same individual as is registered to vote and, to the best of the affiant's knowledge, does not have the required photo identification. Upon the completion of the affidavit, the voter with a disability shall vote a ballot as if that voter with a disability met the photo identification requirement.” The bill now proceeds to the House Appropriations 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. SB 8 received a favorable report from House Finance and passed 2^nd Reading in the full House.  3d reading is scheduled for Monday evening.

SB 316, Additional Section 1915 Medicaid Waiver Sites (Hartsell Sponsor). SB 316 authorizes DHHS to allow additional 1915 (b)/(c) Medicaid waiver sites and to allow third-party billing for state facilities. This would allow further expansion of 1915(b)/(c) waivers beyond PBH, Mecklenburg and Western Highlands, without legislative approval. After several delays, the bill was heard in the full Senate this week.  Senator Nesbitt sought to amend the bill on Thursday to limit the expansion to three additional LMEs but to allow the expansion of PBH to certain additional counties. The amendment failed 20-30. The bill was passed on 3d reading with a 38-12 vote.  It will now proceed to the House.

SB 384, Conforming Changes/Persons with Disabilities Act (Hartsell). This is a Disability Rights NC agenda bill. It seeks to amend the North Carolina Persons with Disabilities Protection Act to conform to the Americans with Disabilities Amendments Act of 2008. The bill has successfully passed the Senate and has been referered to the House Judiciary A Committee.           

Newly Filed Bills:

The House bill introduction deadline was this week so hundreds of bills were filed in the House. I have tried to catch all the bills relevant to work of Disability Rights NC or of general interest to people with disabilities.  Because of the volume, the summaries below are brief.

HB 584, Governor’s Budget (Gillespie, Barnhart, Brubaker, Johnson Sponsors) (SB 500 (Brunstetter, Hunt, Stevens Sponsors) was also filed in the Senate).  HB 584 and SB 500 were filed as budget placeholders meant to signify the budget put forth by the Governor.  However, a number of provisions in the bills were not discussed earlier when the Governor’s budget was released, e.g., there is a proposal to amend the Medicaid appeals process for recipients that was not in the governor’s original proposed budget.   Each was referred to its respective Appropriations Committee.

HB 587, North Carolina Jobs Bill (Bradley, Warren, Torbett, Hastings Sponsors). HB 587 seeks to amend Chapter 150B to further restrict rules that may be promulgated in NC.  It has been referred to the House Commerce Committee.

HB 590, Amend Interpreter Laws/Cued Speech (Alexander Sponsor).  HB 590 seeks to make clarifying changes regarding cued speech in the laws regulating the practice of interpreters and transliterators.  It has been referred to the House Education Committee.

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. It has been referred to the House Rules Committee.

HB 599, Patient’s Right/Notice of Professional Liability Insurance (Insko, Farmer‑Butterfield, Harrison Sponsors).  HB 599 would give adult care home and nursing home residents the right to receive written notice of the facility’s professional liability insurance coverage and to require adult care homes and nursing homes to post information about their professional liability insurance.  It has been referred to the House Health and Human Services Committee.

HB 606, Sheriff/Inspect Prescription Drug Records (McElraft, Randleman, McLawhorn Sponsors).  HB 606  provides that a sheriff or a designated deputy sheriff investigating the diversion and illegal use of controlled substances may inspect prescription and pharmaceutical records and may also obtain data in the controlled substance reporting system maintained by the Department of Health and Human Services.  It has been referred to the House Judiciary B subcommittee. 

HB 612, Incapacity to Proceed/LRC Study (Randleman, Hurley Sponsors).  HB seeks to authorize the Legislative Research Commission to study the current criminal and mental health laws and procedures regarding incapacity to proceed to trial and involuntary commitment.  It has been referred to the House Rules committee.

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 been referred to the House Health and Human Services committee.

HB 618, Streamline Oversight/DHHS Service Providers (Lewis, Hurley sponsors) (SB 525 (Tucker, Hartsell Sponsors) was also filed).  HB 618 seeks to streamline duplicate oversight of DHHS service providers by 1) establishing a task force made up of division staff and providers to objectively compare the tools and checklists currently in place, to look for redundancies and review items as to service provider monitoring that are not value added by August 1, 2011, with any duplication identified being removed and streamlines by December 31, 2011. 2)  Create one regulatory body within DHHS responsible for oversight review for service providers across all DHHS divisions to reduce duplication by May 1, 2012 and which will allow for one streamlined annual review of service provider agencies by the team of the facility, compliance to rules, record assurances, clinical integrity, and staff training. The Secretary shall also eliminate endorsement and all tools and checklists associated with Local Management Entity monitoring and oversight and replace with service licensure at an agency level, as opposed to a site-specific service license, that the multidisciplinary team issues.  3) Establish a coordination plan for the investigation of abuse or neglect complaints involving multiple agencies.  It also seeks to remove the annual Medicaid re-enrollment requirement for providers;  mandate  a fiscal note for every change or adjustment in service definition, policy, rule, or statute upon enactment; allow for data sharing from the Incident Response Improvement System (IRIS) with service providers and the regulatory body by June 30, 2012; evaluate NC-TOPPS to improve the way data is accessible across services rather than site-specific to reflect valid comparisons of program outcomes by August 1, 2011; and allow private sector development and implementation of an Internet‑based, secure, and consolidated data warehouse and archive for maintaining corporate, fiscal, and administrative records of providers by September 1, 2011.  It has been referred to the House Health and Human Services committee.

HB 622, Study Art. 3A Administrative Hearings Proced (McCormick, Stevens, Cleveland, Glazier Sponsors).  HB 622 directs the Joint Legislative Administrative Procedure Oversight Committee to study how to reconcile and harmonize administrative hearings in contested cases arising under article 3a of chapter 150b of the general statutes.  It has been referred to the House Rules Committee.

HB 623, Eliminate Agency Final Decision Authority (McCormick, Stevens, Cleveland, Glazier Sponsors).  HB 623 would remove final decision making authority from agencies in contested cases under Chapter 150B.  It has been referred to the House Judiciary A subcommittee.

HB 625, Bill of Rights/Deaf/Hearing Impaired (Blackwell, Farmer-Butterfield Sponsors).  HB 625 seeks to create a Deaf Child’s Bill of Rights that will mandate that an IEP team consider a child’s individual communication needs.  It has been referred to the House Judiciary A subcommittee.

HB 630, Clarify Law/Older Adults and Long-Term Services (Guice, McGrady Sponsors).  HB 630 seeks to update and clarify the statutes in older adults and long-term services and supports, including clarifying that each county, through its county board of commissioners, may elect to establish its own Community Resource Connections for Aging and Disabilities or participate in a multicounty Community Resource Connections for Aging and Disabilities.  It has been referred to the House Health and Human Services committee.

HB 632, Juvenile Age to 18 (Lewis, Randleman, Avila, Bordsen Sponsors) (SB 506 (Hartsell, Bingham, McKissick Sponsors) was also filed).  HB 632, also known as “Raise the Age,” seeks to amend the definition of “delinquent juvenile” to raise the age from sixteen to eighteen years in six‑month increments of age over a 4‑year period, to provide that 16 and 17‑year‑olds who have been previously convicted of a felony in adult court shall remain in adult court, to provide that 16‑ and 17‑year‑olds alleged delinquent for a class A‑E felony shall be transferred to adult court, to make conforming changes to other statutes relevant to changing the definition of delinquent juvenile, and to extend the Youth Accountability Task Force.  It has been referred to the House Judiciary B subcommittee.

HB 659, Capital Procedure/Severe Mental Disability (Stevens, Glazier,  McGrady,  Harrison Sponsors).  This a Disability Rights NC agenda bill.  It seeks to amend the capital trial, sentencing and postconviction procedures for a person with a severe mental disability to address the issue upfront in trial, and to remove the death penalty as possible punishment if the individuals qualifies as a person with severe mental disability under the law.  It also seeks to provide that Not Guilty by Reason of Insanity is not an available defense if prior alcohol or drug use are the sole cause of the psychosis.  It has been referred to the House Judiciary B subcommittee.

HB 677, Discharge of Adult Care Home Residents (Lewis).  HB 677 seeks to change the law governing Adult Care Home transfer and discharge of residents to make it easier to do so, to make county Departments of Social Services responsible for placing certain discharged residents, and to enact appeal rights for Adult Care Home residents and Adult Care Homes with respect to discharge decisions.  It has been referred to the House Health and Human Services committee.

HB 678, Pilot Release of Inmates to Adult Care Homes (Lewis Sponsor).  HB 678 seeks to establish a pilot program to allow certain inmates released from confinement to be placed in Adult Care Homes to receive Personal Care Services and Medication Management.  It has been referred to the House Health and Human Services committee.

HB 695, Family/School/Community Compacts (Bell, Lucas sponsors).  HB 695 seeks to provide for a family-school compact for every student, which is a written agreement between teachers and parents that clarifies what families and schools can do to help students reach high academic standards.  It has been referred to the House Education committee.

HB 709, Protect and Put NC Back to Work (Folwell, Dollar, Hager, Crawford Sponsors) (SB 544 (Brown, Apodaca, Davis Sponsors) was also filed in the Senate).  HB 709 seeks to reform the Workers’ Compensation Act.  It has been referred to the House Commerce Committee.

HB 721, Landlord/Tenant Bed Bug Liability (McCormick).  HB 721 seeks to set out certain obligations of landlords and tenants regarding bedbug infestations.  It has been referred to the House Commerce Committee.

HB 734, Require Photo ID/Food Stamps Program (Warren, Brown, Lewis, Moore Sponsors).  HB 734 seeks to require DHHS to issue debit cards that contain photo identification on the care for participants in the Supplemental Food and Nutrition Program (SNAP).  It has been referred to the House Judiciary C subcommittee, and, if favorable, to Finance.

HB 736, Amend Law re: School Discipline (Langdon, Luebke, Daughtry, Lucas Sponsors).  HB 736 seeks to make a number of changes to Chapter 115C regarding school discipline with the goal of keeping students in school.  It is a consensus bill supported by Disability Rights NC that numerous entities representing schools and students contributed to.  It has been referred to the House Education committee.

HB 745, Study Human Relations Comm Duties (Floyd).  HB 745 seeks a Joint Resolution authorizing the Legislative Research Commission to study the duties and services of the NC Human Relations Commission and the Civil Rights Division of the Office of Administrative Hearings.  It has been referred to the House Rules Committee.

HB 768, APA Rules: Federal Rule Restriction Ceiling (West, McElraft Sponsors).  HB 768 seeks to limit new agency rules to a standard no more restrictive than those imposed by federal law unless required by a serious and unforeseen threat to the public health, safety, or welfare; an act of the General Assembly or United States Congress that expressly requires the agency to adopt rules; change in federal or State budgetary policy; federal regulation; or a court order.  It has been referred to the House Environment Committee, and, if favorable, to the Judiciary committee.

HB 770, Reduce & Prevent School Discipline Problems (Cotham, Brandon, Glazier Sponsors).  HB 770 seeks to encourage local school boards to adopt policies to prevent disruptive behaviors that lead to suspension and expulsion and thereby to reduce suspension and expulsion rates and to provide alternative learning programs for continued academic progress for students who have been suspended. It has been referred to the House Education committee.

HB 781, Summary Ejectment/Appeals (LaRoque).  HB 781 seeks to shorten the time to appeal a magistrate’s judgment in a summary ejectment (eviction) proceeding to 5 days.  It has been referred to the House Commerce committee.

HB 793, Full-Service Community Schools Pilot Program (Cotham, Brandon, Jackson Sponsors).  HB 793 seeks to establish a full-service community schools pilot program in at least five middle or high schools.  The purpose of a full-service community school is to encourage the coordination of academic, social, and health services among schools, community‑based organizations, nonprofit organizations, and other public and private agencies to provide comprehensive academic, social, and health services for students, students' family members, and community members that will result in improved educational outcomes for children.  It has been referred to the House Education committee.

HB 808, Revise Laws on Adult Care Homes (Burr).  HB 808 seeks to waive annual inspections of Adult Care Homes that achieve the highest rating, and to develop an informal dispute resolution procedure that allows Adult Care Homes to dispute cited inspection deficiencies.  It has been referred to the House Health and Human Services committee.

HB 818, Modify Disabled Vet Property tax Exemption (McElraft).  HB 818 seeks to enhance the Disabled Veteran property tax homestead exclusion for combat-related disabled veterans.  It has been referred to the House Finance committee.

HB 823, Governance of the Dep’t of Public Instruction (Holloway, Hilton, Brubaker, Blackwell Sponsors).  HB 823 seeks to amend the North Carolina Constitution to make the Superintendent of Public Instruction the head of the Department of Public Instruction, to make the State Board of Education an advisory body, and to modify the membership of the State Board of Education.  It has been referred to the House Education committee, and, if favorable, to Judiciary and then Finance.

HB 826, Coverage for Treatment of Autism Disorders (Parfitt, Glazier,  Keever,  Murry Sponsors).  HB 826 seeks to require health benefit plans, including the State Health Plan, to provide coverage for treatment of Autism Spectrum disorders.  It has been referred to the House Health and Human Services committee, and, if favorable, to Insurance.

HB 829, Streamline Education Planning Responsibility (Cotham, Glazier, Holloway, Blackwell Sponsors).  HB 829 directs the State Board of Education to consolidate all plans that affect the school community, including school safety plans, school technology plans, plans for academically or intellectually gifted students, and others. It has been referred to the House Education committee.

HB 848, Establish HHS Oversight Committee (Barnhart).  HB 848 seeks to establish the Joint Legislative Oversight Committee on Health and Human Services, which is also contained in HB 595.  It has been referred to the House Health and Human Services committee.

HB 853, End Ct. Orders/Est. Local Intake Procedures (Mobley).  HB 853 seeks to amend the law to no longer require a Court Order to establish local intake procedures for receiving delinquency and undisciplined complaints under the laws pertaining to undisciplined and delinquent juveniles and authorizing the Department of Juvenile Justice and Delinquency Prevention to monitor county detention centers.  It has been referred to the House Judiciary Committee.

HB 855, Personal Learning Plan for Each Child (Brandon).  HB 855 seeks to require public schools to provide a Personal Education Plan for every student.  It has been referred to the House Education committee. 

SB 512, Adult Day Care/Overnight Respite Program (Clary).  SB 512 seeks to establish adult day care and overnight respite programs under Chapter 131D.  It has been referred to the Senate Health Care Committee.

SB 528, Accessible Electronic Info Act/Blind/Disabled (Purcell).  SB 528 seeks to establish and maintain an accessible electronic information service for Blind and disabled persons and to appropriate funds for the service.  It has been referred to the Senate Health Care committee, and, if favorable, to Appropriations.

SB 535, APA: Modify Final Administrative Decisions (Hartsell).  SB 535 seeks to modify the procedures concerning final administrative decisions in contested cases heard by the Office of Administrative Hearings.  It has not yet been referred to a committee.