Legislative Update for the Week of February 2

Week 2 of the 2013 session was another active week at the General Assembly.  Joint Appropriations meetings were held this week to hear a report on projected revenues and a brief overview of state budget allocations.  Appropriation subcommittees (i.e., HHS, JPS, Education, etc.) will start meeting next week to hear from the departments and to give members an overview of past budget allocations.  However, we don't expect to see an actual budget from the Senate (they get the first crack this year) until after April 15.

Unemployment Insurance and (No) Medicaid Expansion continued to make their way through the legislature this week.  Both are scheduled for votes next week. Also set for February 18: The Governor will give the state of the state address.

Bill Updates

HB 4 (Howard, Warren, Starnes, Setzer), Unemployment Insurance Fund Solvency and Program Changes.  HB 4 modifies the state's Unemployment Insurance program to reduce the amount of benefits and length of time that benefits are available to the state's unemployed.  It also removes a number of good cause qualifications for benefits that exist under the current state law, including provisions that allow for benefits when an individual must leave employment because of disability or other health concern; disability or health concern of a minor child, aged or disabled parent, or disabled immediate family member; or inability to accept work during a particular shift because of concerns related to child care, elder care, or care of a disabled family member. HB 4 was approved by the full House and the Senate Finance committee this week.  It is worth noting that Representative Glazier moved to to amend the bill on the House floor to continue the good cause qualifications based on disability or sickness and family hardship.  Although the Amendment failed, four Republican Representatives (Arp, Blust, Catlin and Jordan) joined all but one Democrat in voting for the amendment.  The bill is expected to be approved by the Senate next week.

HB 5 (Dollar, Burr), Temporary Funding Extension for Group Homes, allows group homes to access the $39.7 million allocated in the state budget for temporary, short‑term financial assistance to Adult Care Homes on behalf of a resident who loses eligibility for Medicaid covered personal care services (PCS) after an independent assessment.  HB 5 passed the House unanimously last week but remains in the Appropriations committee in the Senate.

HB 68 (Torbett), Establish Ombudsman/Foster Care/ Gaston County, seeks to establish a pilot ombudsman program for children in foster care in Gaston County. It has been referred to the House Committee on Government.

HB 70 (Brandon), North Carolina Health Plan, seeks to establish a state-funded insurance plan for those without health insurance in 2017, when the Affordable Care Act allows states to offer their citizens alternatives to the Health Insurance Exchanges. The bill directs the Department of Insurance and the Department of Health and Human Services to study the issues and propose statutory changes to facilitate the operation of the NC Health Plan, and report to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2014. It has been referred to the House Insurance committee, with re-referrals to HHS, Finance and Appropriations.  Representative Brandon filed the bill in response to SB 4, which will prevent medicaid expansion for adults under the ACA.

HB 74 (Murry, Moffitt, Samuelson, Bryan)/SB 32 (Hartsell), Periodic Review and Expiration of Rules will provide for automatic expiration for all rules unless re-adopted within ten years after effective dates.  The bill proposes expiration dates per title of the Administrative Code during 2016-2019 for existing rules. HB 74 has been referred to the House Regulatory Reform committee and SB 32 has been referred to the Senate Program Evaluation committee.

SB 4, No NC Exchange/No Medicaid Expansion (Apodaca, Brown, Rucho).  SB 4 seeks to prohibit Medicaid expansion and a state-federal partnership health benefit exchange.  SB 4 was approved by the Senate this week despite a request from the Governor's office to slow the measure down. It is scheduled to be heard in the House Health and Human Services committee on Tuesday at 10 am.

SB 10 (Apodaca, Hunt, Rabon), Eliminate Obsolete Boards and Commissions, proceeded through the Senate this week. In addition to seeking to overturn the current Democrat-appointed members of several boards and commissions, it seeks to eliminate all special Superior Court judge positions, except for the three business court positions.   The bill will now proceed to the House.

SB 45 (Randleman), Incapacity to Proceed Amendments, is legislation previously sponsored by then Rep. Randleman that would amend the state criminal law regarding individuals who do not have the capacity to proceed in a criminal matter.  It has been referred to the Senate Judiciary I committee.