Legislative Update for the Week of April 22

Bill Update

 

HB 452, 2013 School Safety Act (Holloway, Glazier, Faircloth, Lucas). HB 452 was approved by the House Education Appropriations subcommittee and the full House this week.  The bill was amended in Appropriations to remove the 3 sections that sought funding for school counselors, installation of panic buttons  and additional School Resource Officers.  Sponsor Representative Holloway, a House Appropriations chairman, said he is committed to still pursuing those changes during the budget process. The bill still requires system-wide lock-down drills in each school district every two years, the placement of school crisis kits in all schools,  a requirement for school districts to give maps and master keys of each school to local law enforcement agencies,  and anonymous tip lines.  It would also allow local boards of education to enter into agreements with law enforcement agencies to assign volunteer school safety resource officers at schools. The volunteers would have to have experience in either law enforcement or the military.

 

HB 492, Safeguard Qualified IndividualsMedicaid PCS (Dollar). A new version of HB 492 was approved by the House Health Committee this week.  HB 492 now would allow for an additional 50 hours per month of Medicaid Personal Care Services (“PCS”) for recipients who meet the PCS eligibility criteria and the following additional criteria:  requires an increased level of supervision; requires caregivers with training or experience in caring for individuals who have a degenerative disease, characterized by irreversible memory dysfunction, that attacks the brain and results in impaired memory, thinking, and behavior including gradual memory loss, impaired judgment, disorientation, personality change, difficulty in learning, and the loss of language skills; regardless of setting, the recipient requires a physical environment that includes modifications and safety measures to safeguard the recipient because of the recipient's gradual memory loss, impaired judgment, disorientation, personality change, difficulty in learning, and the loss of language skills; and recipient exhibits safety concerns related to inappropriate wandering, ingestion, aggressive behavior, and an increased incidence of falls.  It will next be heard in the Appropriations committee.

 

HB 543, MH/DD/SA Providers as Uncompensated Guardians (Jones, Avila, Glazier, Turner). HB 543 was amended in the House Health and Human Services committee this week to limit the new language allowing providers to serve as uncompensated guardians to those providers appointed to serve as guardians on or before March 1, 2013.  It won approval by the full House and will now proceed to the Senate.

 

HB 589, VIVA (Voter Information Verification Act) (Warren, Murry, Moore, Samuelson). HB 589 proposes a photo ID requirement for voters. The bill was approved by the full House this week.  The provision pertaining to identification for curbside voters was amended to remove the option of a declaration by an individual accompanying the voter.  Individuals voting curbside may still use a current utility bill, bank statement, government check, paycheck, or other government document to prove their identity.  The bill has been referred to the Senate Rules committee.

 

HB 605, Establish Aging Subcommittee/HHS Oversight (Dollar, Burr, Hurley, Farmer-Butterfield). HB 605 directs the HHS Oversight Committee to appoint a Subcommittee on Aging to examine the State's delivery of services for older persons in order to determine their service needs and make recommendations to the HHS Oversight Committee on how to address their service needs. The bill was approved by the House Health and Human Services committee and the full House this week.  The bill was amended on the House floor by Rep. Cotham to add two additional representatives to the subcommittee: a licensed provider of home and community based services and a representative of the North Carolina Health Care Facilities Association.

 

HB 625, Zoning/Health Care Structure (Moffitt, Howard, Setzer, Ramsey). HB 625 will allow a ”temporary family health care structure” to be used by a caregiver in providing care for a “mentally or physically impaired person.”  It was approved by the House Government committee this week and will next be heard in the House Finance committee.

 

HB 635, Involuntary Commitment Custody Orders (Lambeth, Conrad, Terry, Hanes). A Proposed Committee Substitute for HB 635 was approved by the House Judiciary C subcommittee this week.   The bill will allow the clerk or magistrate to issue an order by fax or an electronically scanned order by electronic transmission to a physician or eligible psychologist at a 24 hour facility to take a respondent into custody at the 24 hour facility and proceed according to G.S. 122C 266.  The physician, eligible psychologist, or designee (which includes the 24 hour facility's on site police security personnel) must complete a training in proper service and return of service before this procedure may be used.  The bill also now directs DHHS to cooperate and collaborate with the Administrative Office of the Courts and the UNC School of Government to develop protocols to implement this section, including a procedure for notifying clerks and magistrates of the names of the physicians, psychologists, and designees who have completed the training. The Secretary of the Department shall oversee implementation of these protocols.  The bill is scheduled for a vote by the full House next week.

 

HB 937, Amend Various Firearms Laws (Schaffer, Burr, Faircloth, Cleveland). HB 937 seeks a number of changes to the state laws related to guns. It was amended in the House Judiciary A committee this week to add provisions related to reporting to the National Instant Criminal Background Check System (NICS), as well as the restoration process to remove a mental commitment bar. It broadens the grounds upon which a person shall be reported to the NICS to include involuntary commitments (inpatient, outpatient and substance abuse); not guilty by reason of insanity; mentally incompetent to proceed to criminal trial; and lacks the capacity to manage the individual's own affairs due to marked subnormal intelligence or mental illness, incompetency, condition, or disease. It is scheduled for a full House vote on Tuesday of next week.

SB 137, Prohibit Waiver Co-Pay/Medicaid Providers (Tillman). SB 137 was approved by the Senate Health Care committee and the full Senate this week.  It was amended in committee to make it clear that waivers are prohibited but not listing it in the statute pertaining to Medical Assistance provider fraud.  It is not a violation to waive the co-payment is the waiver is authorized by the state program; the provider determines on an individual basis that the collection would create a substantial financial hardship; the provider has made a good faith effort to collect the co-payment; or if the provider is a state-operated health care facility.  It will now proceed to the House.

 

SB 516, Public School Regulatory Reform (Tillman).  SB 516 seeks to streamline and study certain reporting requirements for public schools.   It was amended in the Senate Education committee to adds Disability Rights NC and ECAC to a Commission to study Exceptional Children's (“EC”) Services.  The Commission will review all aspects of EC services and oversight by DPI.  It will recommend ways to limit reporting requirements and compliance measures, examining, among other things: forms and paperwork required by DPI to be submitted by IEP teams,  student performance assessments, class size and caseload requirements for children with disabilities, costs study on cost to educate students with disabilities and use the information to propose revisions needed to current state allotment formula.  It is scheduled for a vote in the full Senate next week.

Legislative Update for the Week of April 15

Bill Updates


HB 217, Criminal Law/Procedure Amendments (Faircloth, Stam). HB 217 was approved in the House Judiciary B Committee this week after substantial changes. Section 7 of the bill, which would have allowed prosecutors to transfer all 13-15 year-olds charged with B1-D felonies to adult court, was amended to allow for the transfer of only 15-year-olds charged with B1 and B2 felonies. The bill now moves to the Appropriations Committee.


HB 269, Children with Disabilities Scholarship Grants (Jordan, Brandon, Jones, Stam). HB 269 seeks to repeal the tax credit for families of children with disabilities who send their children to a non-public school, and, instead, enact a scholarship in the same amount, $3000 per semester, for the reimbursement of tuition and special education and related services, including services provided to home schooled students. HB 269 was approved by the House Education committee this week.


HB 543, MH/DD/SA Providers as Uncompensated Guardians (Jones, Avila, Glazier, Turner). Under the current law, parents and immediate family members who provide services may serve as guardians. The bill would also allow MH/DD/SA providers who are uncompensated, court-appointed guardians to serve as guardian for clients who are not biologically related to the ward. It was approved by the House Judiciary A committee this week. It is next scheduled to be heard in the House Health and Human Services committee on Tuesday, April 23.


HB 587, OCS/ECS Exemption from Act (Whitmire, Holloway, Blackwell, Glazier). HB 587 seeks to exempt students enrolled in the Occupational Course of Study or the Extended course of study who do not score at or above grade level on end-of course tests, and have a written parental request for exemption, from the ACT testing requirement. It also directs the State Board of Education to ensure that parents of students enrolled in the Occupational Course of Study or the Extended Course of Study have the necessary information to make informed decisions regarding participation in the ACT. The State Board may also develop alternative assessment measures for these students.


HB 588, Public School Report/Flexibility (Whitmire, Langdon, Glazier, Martin). HB 588 was approved by the House Education committee this week, where it was amended to take out several sections, but leaving the provision to direct the form for IEP reporting to limit the requirement for narrative reporting to essential components requiring personalized student information, and whenever practicable, to be in an electronic format. It was also approved by the full House this week.


HB 589, VIVA (Voter Information Verification Act) (Warren, Murry, Moore, Samuelson). HB 589 proposes a photo ID requirement beginning in 2016. The bill was approved by the House Elections and Finance committees this week. The exemption for voters with a permanent physical or mental disability recognized by a State or federal agency that makes such determinations for the purposes of determining eligibility for State or federal assistance was removed from the bill. There is now a provision for voters who vote curbside to allow for identification by means other than a photo ID: by presenting a current utility bill, bank statement, government check, paycheck, or other government document; or by completing a declaration that must include the name and signature of an individual accompanying the voter to the voting place, and an acknowledgement by an election judge that the person accompanying had acceptable photo ID. The bill will be heard in the House Appropriations committee next Tuesday and is expected to be debated in the House on Wednesday and Thursday.



HB 719, Education Improvement Act of 2013 (Holloway, Glazier, Blackwell, Hall). HB 719 is the House Education reform measure. It was approved by the House Education committee and the full House this week.



SB 374, NC Public Schools Budget Flexibility Act (Tillman, Barringer, Wade). SB 374 would give local school districts flexibility in setting class sizes. It was approved by the Senate Education committee this week and will next be heard in the Appropriations committee.



SB 687, Involuntary Commitment Custody Orders (Parmon, Brunstetter). SB 687 will allow the clerk of court or a magistrate to issue an involuntary commitment custody order to a petitioning physician or eligible psychologist at a 24-hour facility when the respondent is already at the 24 hour facility, and the magistrate finds probable cause to believe that the respondent meets the criteria for inpatient commitment. It was approved by the Senate Health Care committee this week and will next be heard in Judiciary I committee.



New Legislation Filed This Week

HB 944, Opportunity Scholarship Act (Bryan, Brown, Brandon, Hanes). HB 944 would provide scholarship grants for students from families with incomes up to 300% of the federal poverty level to attend private schools. The grants may be up to $4200 per student. It has been referred to the House Education and Appropriations committees.


HB 972, Eliminate Continuing Care Property Tax Exemption (Ramsey). HB 972 seeks to repeal the current property tax exemption for certain retirement facilities that are tax-exempt, serve elderly residents and provide charity care. Instead, such facilities may qualify for a refund of sales and use tax. It has been referred to the House Finance committee.


HB 973, Funds/Two-Tiered Pay for Three-Way Contracts (Martin, Burr, Avila, Hollo). HB 973 directs DHHS to develop a 2-tiered system of payment for local inpatient psychiatric beds or bed days based on acuity level, and allocates $2 million for an enhanced rate. It has been referred to the House Health and Human Services and Appropriations committees.



HB 981, New MH/DD/SA Region and Psych. Hospital (Burr, Howard, McNeill, Carney). HB 981 directs the Commission for MH/DD/SAS, a rulemaking body, to amend the rules related to facilities to designate an additional region in south central NC to include at least all of the following counties: Anson, Cabarrus, Davidson, Davie, Forsyth, Mecklenburg, Montgomery, Moore, Randolph, Richmond, Rowan, Scotland, Stanly, and Union. The bill seeks an appropriation of $24 million in 2013-14 for planning, site development, and construction of a new 200-bed State psychiatric hospital; and $96 million in 2014-15 for construction of the new hospital. It has been referred to the House Appropriations committee.



HB 982, Modify Medicaid Subrogation Statute (Burr, Avila). HB 982 seeks to modify the state statute regarding recovery of health care expenditures made on behalf of Medicaid beneficiaries who are tort victims in response to the US Supreme court decision, Wos v. E.M.A. It ensures that a personal injury or wrongful death claim brought by a Medicaid beneficiary against a third party includes a claim for all medical assistance payments for health care items or services furnished as a result of the injury, and seeks to establish certain presumptions for such a claim. It has been referred to the House Health and Human Services committee. 



HB 987, Emergency Stun Gun Use by School Personnel (Riddell, Saine). HB 987 would allow school personnel to carry stun guns on school property. It has been referred to the House Health and Human Services committee.

Legislative Update for the Week of April 8

Bill Update for the Week of April 8

 HB 217, Criminal Law/Procedure Amendments (Faircloth, Stam). HB 217 was heard in the House Judiciary B Committee last week, but failed to move after substantial debate. Section 7 of the bill, which would allow prosecutors to transfer all 13-15 year-olds charged with B1-D felonies to adult court, was the subject of much of the debate.  There was an amendment proposed but not voted upon by Rep. Glazier to remove the provision but also discussion of compromise with the bill sponsor. The bill is likely to be in committee again this week.

 

HB 392, Share Arrest Warrant Status/Public Assistance (Arp, Horn, Starnes, Burr).  HB 392 was amended before passing the full House this week to authorize counties to perform the requirements of the legislation on a voluntary basis.  The bill now directs DSS to verify through a criminal background check whether an applicant or recipient is (i) fleeing to avoid prosecution, custody, or confinement after a felony conviction, or (ii) violating a condition of probation or parole imposed under federal or State law. The background check may be done by utilizing all currently accessible databases to the extent permitted by allocated county and state resources, and the bill explicitly states that counties are not required to allocate funds for the program.

HB 452, 2013 School Safety Act (Holloway, Glazier, Faircloth, Lucas).  HB 452 was approved by the House Education Committee this week and is now headed for the Appropriations Committee.  The bill was amended to allow for volunteer school safety resource officer programs to be established by the sheriff or police chief.  Program volunteers must have experience either as a sworn law enforcement officer or as a military police officer with a minimum of two years' service; and must receive training on research into the social and cognitive development of elementary, middle, and high school children and must also meet the selection standards and any additional criteria established by the sheriff or police chief.

SB 361, Excellent Public Schools Act of 2013 (Berger, Tillman, Soucek).

Senator Berger's education reform bill passed out of the Education Committee this week despite concerns about its impact on teachers and schools. The bill would eliminate career status for teachers and assign another grading system for schools. It will next be heard by the Appropriations Committee.

 

SB 553, LME/MCO Enrolleee Grievances and Appeals (Hise).  SB 553 was scheduled to be heard in the Senate Health committee last week but was pulled before the bill was discussed.  A Proposed Committee Substitute was distributed, however, and a section was added to the bill mirroring the Mediation provision in 108A.  The bill may be considered in the Senate Health committee in the coming week.

SB 712, ID Card for Homebound Persons (Hunt). SB 712 was approved by the Transportation committee this week, and the bill is set for a full vote in the Senate on Monday.  The bill was amended to direct the DMV to adopt rules allowing for application for or renewal of a special photo identification card by means other than a personal appearance for a person who has a physician's letter certifying that a severe disability causes the person to be homebound (This section does not become effective until July 1, 2014.  The bill, as filed, had codified that language and this version does not.   This version directs the DMV to report to the Joint Legislative Transportation Oversight Committee on the status of the implementation of a system allowing persons who are homebound to apply for or renew a special photo identification card by means other than personal appearance by October 1, 2013.

 New Legislation Filed This Week

 HB 601, Opt Out of Statewide Medicaid Transportation System (Jones, Holloway).  This bill will allow counties to opt out of the statewide non-emergency Medicaid transportation system for Medicaid recipients, which was directed in last year’s budget.  It has been referred to the House Government committee, and, if favorable, Finance.

 

HB 605, Establish Aging Subcommittee/HHS Oversight (Dollar, Burr, Hurley, Farmer-Butterfield).  HB 605 directs the HHS Oversight Committee to appoint a Subcommittee on Aging to examine the State's delivery of services for older persons in order to determine their service needs and make recommendations to the HHS Oversight Committee on how to address their service needs.  It has been referred to the House Health committee.

 

HB 625, Zoning/Health Care Structure (Moffitt, Howard, Setzer, Ramsey). HB 625 is very similar to a bill filed last session.  It will allow a ”temporary family health care structure” to be used by a caregiver in providing care for a “mentally or physically impaired person” on property owned or occupied by the caregiver as the caregiver's residence as a permitted accessory use in any singlefamily residential zoning district on lots zoned for singlefamily detached dwellings.  It has been referred to the House Government committee.

 

HB 638, Increase Membership of Area Boards (Steinberg, Tine).  HB 638 seeks to amend 122C-118.1 regarding the size of an area authority (LME/MCO) board to allow a multicounty area authority with 10 or more constituent counties, to have no fewer than 11 and no more than 30 voting members (the law now is 11-21).  It has been referred to the House Government committee.

 

HB 674, Study Medicaid Provider Hearings (Stevens).  HB 674 directs the Program Evaluation Oversight Committee to Direct the Program Evaluation Division to study the contested case process for Medicaid provider appeals.  It has been referred to the House HHS committee.

 

HB 719, Education Improvement Act of 2013 (Holloway, Glazier, Blackwell, Hall). HB 719 is the House Education reform measure.  It also addresses teacher tenure but allows teachers who currently have tenure to keep that status and allows others to earn it after four years of positive evaluations. However, after two years of negative evaluations, teachers would be moved to probationary status where they could be fired by administrators. The bill also implements a school grading program that takes into account a number of factors including student growth.   It has been referred to the House Education committee.

HB722, Capital Procedure/Severe Disability (Stam, McGrady, Stevens, Jordan).  HB 722 seeks to amend the capital trial, sentencing, and postconviction procedures for individuals with a severe mental disability who have been accused of a capital offense.  HB 722 is a Disability Rights NC agenda bill.  It has been referred to the House Judiciary B subcommittee.

HB 725, Young Offenders Rehabilitation Act (Avila, Moffitt, Mobley, Hall).  HB 725 seeks to raise the age of juvenile jurisdiction from 16 to 18-years-old for misdemeanors. The bill takes effect over the next four years: 16-year-olds charged with misdemeanors would be placed in the juvenile system in 2016 and 17-year-olds in 2017. It has been referred to the Judiciary B subcommittee, and, if favorable, Appropriations.

HB 731, Study Vocational Training/Persons with I/DD (Brandon, Cotham, Johnson, Horn).  HB 731 would authorize a study of issues related to vocational training for individuals with Intellectual Disabilities.  It has been referred to the House Rules committee.

 

HB 749, Local School Flexibility (Lambeth, Hanes).  HB 749 would allow public schools to operate charter-like schools, referred to as “satellite schools”.  The schools would be required to comply with laws and policies relating to the education of children with disabilities.  It has been referred to the Committee on Commerce and Job Development, and, if favorable, Education.

 

HB 750, Charter School Flexibility/Pilot (Lambeth, Glazier, Hanes).  HB 750 directs the State Board of Education to implement a 5year Local Board of Education Charter School Oversight Pilot Program in up to 10 local school administrative units selected by the State Board of Education.  The bill has been referred to the House Education committee.

HB 795, Credit for Access Construction/Renovation (Saine, Ramsey, Harrison). HB 795 would provide a tax credit up to $5,000 for the cost incurred by a homeowner for construction or renovation costs to the residence that improve accessibility in conformance with the building code.  It has been referred to the House Finance committee.

HB 798, Release of Medical Records (Hall, Moffitt, Murry, Baskerville).  HB 798 requires the timely release of patient medical records upon the request of the patient or a personal representative of the patient, and establishing a civil monetary penalty for violations. It has been referred to the House HHS committee, and, if favorable, Finance.

HB 802, Landlord/Tenant/Shorten Eviction Time (Earle, Moore, Brawley, Cunningham). HB 802 seeks to shorten the times for an eviction proceeding by directing that the magistrate shall render judgment on the same day on which the conclusion of all the evidence occurs;  prohibits a magistrate from continuing any summary ejectment action unless (i) the magistrate has obtained the consent of the plaintiff or (ii) service of process has not been obtained as provided in G.S. 42‑29, in which case a magistrate shall not continue any summary ejectment action for longer than five days, excluding weekends and legal holidays, without the express consent of the plaintiff. If any magistrate continues any summary ejectment action for any reason or any period of time other than those reasons and time periods specifically provided, the magistrate shall pay $50/day. Additionally, the appeal must be filed within 5 days. It also shortens the time to dispose of property and notice to the tenant.  The bill has been referred to the House Judiciary C subcommittee. 

 

HB 831, Educational Services for Children in PRTFs (Avila, Johnson, Glazier). HB 831 authorizes the State Board of Education to allocate funds to PRTFs for educational services. The PRTFs must operate a facility-based school approved by DPI as a Non Public Exceptional Children's  Program.  For children with IEPs, the PRTF would be resonsible for providing a free and appropriate public education.  It has been referred to the House HHS committee.

HB 838, Exceptional Children's Services/Study (Martin, Horn, Whitmire, Johnson).  HB 838 seeks to establish a commission to study the delivery of EC services and oversight by DPI.  It has been referred to the House Rules committee.

HB 840, Division of Deaf Education (Martin, Farmer-Butterfield, Blackwell, Horn). HB 840 seeks to establish a new Division of Deaf Education within DPI.  The Director of the Division would establish the administration for the Division at the residential schools for the deaf and hearing-impaired, and also act as the program administrator for one of the schools. The Division would also oversee the Early Intervention program for children who are deaf or hard of hearing. The Division of Curriculum and Public Instruction would be responsible for the governance of The Governor Morehead School for the Blind but the EC Division would be responsible for admissions.  It has been referred to the House Education commitee.

HB 867, Medicaid County of Residence (Avila, Burr, Hollo, Brisson). HB 867 exempts recipients of services under 1915(b)/(c) managed care waivers from Medicaid home origin requirements.  Medicaid recipients served pursuant to the State's Section 1915(b)/(c) managed care wavier shall be based on the individual's Medicaid current county of residence. Notwithstanding the forgoing, however, Section 1915(c) innovations waiver slots shall be portable and recognized uniformly throughout all counties of North Carolina; an individual who receives an Innovations waiver in one county shall not be required to reapply in another county if that individual moves or seeks services in another county. As used in this section, the term "Section 1915" refers to Section 1915 of the Social Security Act of 1935, as amended.  It has been filed but not yet referred to a committee.

HB 868, Residential School Changes (Farmer-Butterfield, Blackwell, Martin, Tolson). HB 868 makes conforming changes to the state statutes regarding the residential schools.  It also directs the State Board of Education to adopt rules, with the input and recommendation of the Executive Director of the Residential Schools regarding:  (1) Codes of conduct and appeals provisions for students; (2) Policies and procedures for academic performance and academic discipline; and (3) Rules setting reasonable fees and charges for extracurricular activities, transportation for extracurricular activities, and athletics.  In adopting these rules, the State Board shall be exempt from the provisions of Chapter 150B of the General Statutes. However, the State Board shall give notice of the adoption of the rules 30 days in advance of their adoption and shall provide an opportunity for comment by interested parties. HB 868 has been filed but not yet referred to committee.

 

HB 877, Licensing of Health Insurance Navigators (Collins, S. Ross, Tine).  HB 877 provides for licensing and regulation of navigators, who will assist individuals in enrollment in health benefit plans using the health benefit exchange operating in the State.  It has been filed but not yet referred to committee.

 

HB 881, Greater Financial Oversight of LME/MCOs (Farmer-Butterfield).  HB 881 would require LME/MCOS to report to the county commissioners in their catchment area, DHHS and the Joint Legislative Commission on Governmental Operations prior to engaging in real estate projects over $100,000 and require DHHS to consider the available financial reserves of an LME/MCO when negotiating per member per month contract rates.  It has been filed but not yet referred to committee.

HB 900, Exempt Continuing Care Facilities from CON (Avila, Samuelson, Burr, Setzer).  HB 900 seeks to exempt Continuing Care Retirement Communities from Certificate of Need review for communities that provide home health services to individuals receiving lodging within those communities.  It has been filed but not yet referred to a community.

 

HB 909, Study/Increase Assisted Living in Rural Areas (Tine, Collins, G. Graham, Whitmire).  HB 909 directs DHHS to study strategies for increasing Assisted Living facilities in rural areas of the state, including exempting adult care homes that serve only elderly persons from Certificate of Need review.  It has been filed but not yet referred to committee.

HB 935, NC Pre-K Law Changes (Burr, Avila).  HB 935 lowers the eligibility standard for NC Pre-K to 100% of the Federal Poverty Line (current eligibility is ~200% of FPL). The bill also requires local partnerships to administer NC Pre-K in all counties (as opposed to local school districts) and makes substantial changes to the composition and purview of the Child Care Commission.  It has been filed but not yet referred to committee.

 

Legislative Update for the Weeks of March 25 and April 1

Bill Updates for the weeks of March 25 and April 1

HB 109, Require Safety Helmets/Under 21 (Torbett, Speciale).  HB 109 seeks to amend the state's requirement for a helmet while riding a motorcycle to allow adults over 21 to ride without a helmet if they have had a motorcycle license or endorsement for more than 12 months or completed the Motorcycle Safety Instruction Program; and are covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.  If a person rides without a helmet and is not in compliance with these requirements, then they must pay a $25.50 penalty but are not assessed court costs, no drivers license points or insurance surcharge. The bill has now been referred to the House Judiciary B committee.

HB 317, Improve Education for Children Who Are Deaf (Blackwell, Farmer-Butterfield, Holloway, Martin).  HB 317 would mandates assessment and consideration of language and communication needs of children who are deaf or hard of hearing.  It was approved by the House Education committee on March 26.  It had been referred to the House Appropriations committee but has been removed, and is now scheduled for the full House on Monday, April 8.

HB 392, Share Arrest Warrant Status/Public Assistance (Arp, Horn, Starnes, Burr).  HB 392 would require a County Department of Social Services (DSS) to conduct a criminal check on applicants and recipients of Temporary Assistance to Needy Family (TANF) Benefits or Food and Nutrition Services (FNS) Benefits; require DSS to share information with a local Law Enforcement Agency regarding any applicant or recipient who has an outstanding arrest warrant; and to deny benefits to an applicant or recipient who has an outstanding warrant for a felony or for a probation or parole violation. It was approved by the House Health and Human Services committee this week and calendared for the House floor but has been postponed twice after concerns about the costs of implementing locally were raised.

HB 435, School Performance Grades (Langdon, Johnson, Holloway and Cotham).  HB 435 repeals the formula set out last year and provides a new formula for calculation of school performance scores and grades by the State Board of Education. The bill was approved by the House Education committee and the full House this week.

SB 45, Incapacity to Proceed (Randleman). SB 45 was signed by the Governor on April 3 and is Session Law 2013-18.  Most of the bill, including the section pertaining to the dismissal of charges, becomes effective December 1, 2013, and applies to offenses committed on or after that date.

SB 208, Effective Operation of 1915(b)/(c) Waiver (Tucker, Barringer).  SB 208 seeks to define LME/MCOs in state statute; require the Health and Human Services Secretary to attest to the LME/MCO's compliance with state and federal laws and contracts, particularly its solvency, timeliness of provider payments, and the ability to exchange billing, payment, and transaction information with LME/MCOs and providers in a manner that complies with all applicable federal standards. If the Secretary cannot attest to these factors, then the operation of that LME/MCO must be transferred to another LME/MCO.  It has been approved by the full Senate but not yet referred to a House committee.

SB 223, Severance and Relocation for Area Directors (Hise).  SB 223 seeks to amend the state statute to allow an area board of an LME to offer severance and relocation benefits to recruit an area director.  It has been approved by the full Senate and referred to the House Government committee.

SB 334, Dorothea Dix Lease (Hise, Pate, Tucker).  SB 334 condemns the leasehold interest in the Dix property that was conveyed to the City of Raleigh.  It further specifies that any proceeds from sale or lease of the property shall be used solely for mental health treatment purposes, which the General Assembly determines under the doctrine of cy pres to be as near as may be to the purpose of its acquisition of the property for charitable purposes.  The bill does allow for the lease of a portion of the property for use as a public park, with any proceeds thereof allocated to mental health purposes.  It also directs that any action brought by the city of Raleigh will be by special proceeding with a 3 judge panel in Wake Superior Court.  It was approved by the full Senate, largely along party lines but with the Republican Senators for Wake County voting against the bill.  It has been referred to the House Judiciary committee.

New Legislation - Due to the high volume of legislation filed in the last two weeks (in particular due to the Senate bill filing deadline), the following bill summaries are organized by subject matter

Corrections and Juvenile Justice

HB 585, PREA Compliance (Lewis). HB 585 directs all correctional facilities, juvenile facilities and local confinement facilities to comply with the provisions of the Federal Prison Rape Elimination Act.  It has not yet been referred to a committee.

Election Bills

HB 451, Elections Omnibus (Starnes).  HB 451, filed March 27, seeks to restore partisan judicial elections, shorten the early voting period, eliminate Sunday voting, change the order of parties on the ballot, eliminate straight-party voting, eliminate same-day voter registration, and amend the requirements for requesting absentee ballots to allow the requestor to simply sign the request.  It has been referred to the House Elections and Finance Committees.

HB 589, VIVA (Voter Information Verification Act) (Warren, Murry, Moore, Samuelson).  HB 589 proposes a photo ID requirement beginning in 2016.  The requirement does not apply to a registered voter who has a permanent physical or mental disability recognized by a State or federal agency that makes such determinations for the purposes of determining eligibility for State or federal assistance under existing law (The State Board is directed to adopt regulations pursuant to this provision). Voters without a photo ID will be allowed to cast a provisional ballot but would have to return to their local board of elections with a valid photo ID to have the ballot counted.  Approved forms of IDs that have expired would be accepted up to 10 years from their date of issuance or date of expiration, whichever is later.  For voters over 70, a photo ID that was valid at the time they were 70 will be considered valid indefinitely.  The bill would allow free voter IDs as well as free copies of birth certificates for those who are willing to attest under the penalty of perjury, a felony, that they have a "financial hardship." The definition of "financial hardship" is not provided in the proposal.  It also provides for changes in absentee voting, including pre-printed forms and the submission of identification beginning in 2014, including a driver's license number, the final four digits of a Social Security number or other federally-approved identification documents like a copy of a utility bill.

SB 633, No Voting by Those Adjudicated Incompetent (Newton) and SB 668, Restrict Mentally Incompetent from Voting (Cook, Rabin) seek to amend the state constitution to disqualify persons adjudicated incompetent from voting.  Both bills have been referred to the Senate Rules committee.

SB 666, Election Law Changes (Cook, Sanderson, Rabin).  Among other changes to the election laws, SB 666 proposes to prohibit dependency deductions for qualifying children who have registered to vote at a different address.  It has been referred to the Senate Rules committee.

SB 667, Equalize Voter Rights (Cook, Sanderson, Rabin).  SB 667 prohibits a parent from claiming a personal exemption for a child who registers to vote at an address other than that of the parent, and to inform new voters that their parents will not be able to claim them as dependents for tax purposes if they register to vote at another address; and that they must register their motor vehicle at the same address they used for voter registration within 60 days.  It has been referred to the Senate Rules and Finance committees.

SB 721, Election Omnibus (Newton). SB 721 would require photo ID for voting, and revise the early voting and same-day registration laws. It has been referred to the Senate Rules committee.

Education and Schools

HB 435, School Performance Grades (Langdon, Johnson, Holloway and Cotham).  HB 435 repeals the formula set out last year and provides a new formula for calculation of school performance scores and grades by the State Board of Education. The bill was approved by the House Education committee and the full House this week.

HB 452, 2013 School Safety Act (Holloway, Glazier, Faircloth, Lucas)/SB 589 (Stein).  The bill allocates $5 million in one-to-one matching grants for LEAs to hire additional school counselors, social workers and psychologists. It also sets out very specific guidance about how school counselors are required to spend their time. H452 also allocates $10 million to provide LEAs with two-to-one matching grants to hire SROs in elementary and middle schools. In addition to funding for support staff and SROs, H452 includes a number of other provisions designed to improve campus security, including funds for panic alarms and a requirement for school districts to establish an anonymous tip line.  It is scheduled for the House Education Committee for next Tuesday at 10 am.

HB 454, Career Prep Adult High Schools (Lambeth)/SB 383 (Brunstetter).  These bills allocate $4 million to Forsyth Technical Community College and Central Piedmont Community College to contract with nonprofits for the operation of career prep adult high school programs.  It also directs the State Board of Community Colleges to adopt standards and guidelines for such programs including student eligibility and selection; curriculum; high school graduation requirements; and  intensive student support services provided to the students.  If this initiative is successful, it is the intent of the General Assembly to incorporate funding for career prep adult high schools into the funding methodology for community colleges.  The bills have been referred to the respective Education committees.

HB 469, Additional Budget Flexibility/ Public Schools (Ramsey, Lambeth, Whitmire).  HB 469 seeks to repeal a number of current requirements for the use of state funds by local school administrative units, including funds for teacher assistants and instructional materials. Funds for children with disabilities may be transferred among funds only as permitted by federal law and the conditions of federal grants. It has been referred to the House Education committee.

HB 587, OCS/ECS Exemption from Act (Whitmire, Holloway, Blackwell, Glazier). HB 587 seeks to exempt 11th grade students enrolled in the Occupational Course of Study or the Extended course of study from the ACT testing requirement. It has not yet been referred to a committee.

HB 588, Public School Report/Flexibility (Whitmire, Langdon, Glazier, Martin).  HB 588 seeks to reduce or give flexibility on certain reporting requirements, including IEP reporting, directing the form for such reporting to limit the requirement for narrative reporting to essential components requiring personalized student information, and whenever practicable, to be in an electronic format.  It has not yet been referred to a committee.

SB 646, Higher Ed Plan for Students with Disabilities (Robinson). SB 646 would require community colleges and UNC to offer a disabilities services program and Individual Higher Education Plans to students with disabilities.  It has been referred to the Senate Rules committee.

Healthcare

HB 459, Chronic Care Coordination Act (Dollar, Murry, Hollo, Lambeth)/SB 606 (Hise, Barringer).  These bills will require the DHHS Divisions of Public Health and Medical Assistance, and the Division in the Department of State Treasurer responsible for the State Health Plan to collaborate to reduce the incidence of chronic disease and improve chronic care coordination within the State.  HB 459 has been scheduled for the House Health and Human Services committee next Tuesday at 10 am.

HB 492, Tier II Medicaid Personal Care Services for Alzheimers/Dementia (Dollar).  HB 492 directs DHHS to develop, within available funds, Tier II Enhanced Medicaid Personal Care Services for recipients with a primary diagnosis of Alzheimer's, Vascular Dementia, Dementia with Lewy Bodies, Pick's Disease, Parkinson's Disease, Creutzfeldt‑Jakob Disease, or Huntington's Disease, or, with an attestation that the recipient has dementia-undetermined as long as this diagnosis is made and documented by a neurologist.  Those who qualify shall be eligible for up to a total of 130 hours per month which includes the maximum hours allowed in Tier I.  In preparation for implementation, it directs DHHS to make an interim report on the implementation by May 1, including an estimate of the number of Medicaid recipients that would be eligible for Tier II – Enhanced Medicaid Personal Care Services, an estimate of the number of PCS hours potential Tier II recipients would need broken out in increments of 10 hours between 80 and 130 hours, a copy of the draft Medicaid State Plan Amendment (SPA),  the estimated time line for approval of the SPA and a projected implementation date, and any rate reductions necessary to implement. It has been referred to the House Health and Human Services committee.

HB 498, Mandate Autism Health Insurance Coverage (McGrady, Murry, Cotham, Shepard).  The bill would require health benefit plans, including the State Health Plan to provide coverage for the treatment of Autism Spectrum disorders.  It provides that every health benefit plan shall provide coverage for the screening, diagnosis, and treatment of autism spectrum disorder; unlimited number of visits; may not be denied on the basis that the treatments are habilitative or educational in nature; but are subject to a maximum annual benefit of $75,000.  It has been referred to the House Insurance and Appropriations committees.

HB 543, MH/DD/SA Providers as Uncompensated Guardians (Jones, Avila, Glazier, Turner).  HB 543 would allow MH/DD/SA providers to serve as uncompensated, court-appointed guardians to unrelated clients.  The bill would allow providers to serve as guardians for their clients as long as they are not compensated for the guardianship services and not biologically related to the ward.  It has not yet been referred to a committee.

HB 580, Establish Statewide Telepsychiatry Program (Martin, Burr, Avila, Lambeth)/SB 562 (Hise).  HB 580 would direct the DHHS Division of MH/DD/SAS to develop and establish a statewide telepsychiatry program. The bill allocates $2 million to expand the program currently operated by the Albemarle Hospital Foundation statewide.  It has not yet been referred to a committee.

SB 473, Healthcare Cost Reduction and Transparency (Rucho, Brown).  It seeks to make a number of changes to hospital assessments and other provisions, require disclosure of hospital costs, and direct changes to the governance of CCNC.  It has been referred to the Senate Health and Finance committees.

SB 488, Amend Nursing Home Administrator Act/Fees (Tucker).  SB 488 seeks several changes to the act regarding licensure of nursing home administrators. It will make changes to the qualifications section of the law and amend the reasons for the suspension, revocation or refusal to issue a license on discrimination grounds to include discrimination against patients, employees, or staff on account of mental or physical disability.  It has been referred to the Senate Health Care and Finance committees.

SB 542, Drug Testing for LTC Applicants and Employees (Cook, Jackson, Rabin).  SB 542 would require Adult Care Homes and nursing homes to require applicants for employment and certain employees to submit to drug testing for controlled substances. It has been referred to the Senate Health Care committee.

SB 552, Public Paid Claims Data/Health Information Exchange (Hise).  SB 552 would mandate LME/MCOs to report monthly to CCNC all client specific paid claims, encounter data, and shadow claims necessary to track and analyze State and federal mental health expenditures. It has been referred to the Senate Health Care committee.

SB 553, LME/MCO Enrolleee Grievances and Appeals (Hise).  SB 553 seeks to establish new appeal procedures for recipients receiving services through an LME/MCO.  The proposed recipient appeals process is similar to that put forth in HB 320 but it does not include the provider appeal provisions. It has been referred to the Senate Health and Judiciary II committees.

SB 556, Wind Up High Risk Health Insurance Pool (Hise).  SB 556 provides for the dissolution of the high risk insurance pool as of January 1, 2014.  It has been referred to the Senate Insurance and Appropriations committees.

SB 573, MH/DD/SA Providers/Guardianship Issues (Randleman, Barringer, Robinson).  SB 573 seeks to amend the statute related to the qualification of guardians to specify that corporations shall not be appointed as guardian for any individual to whom it provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contractual or other arrangement with an LME or MCO.  It also provides exceptions to the exclusion of  those who contract with the LME/MCO to provide services if they are a parent or adoptive parent of that ward; a family member of the ward; a licensed family foster care provider; or a  licensed therapeutic foster care provider.  It has been referred to the Senate Health Care committee.

SB 596, Establish Study Commission on TBI Services (Pate).  It has been referred to the Senate Rules committee.

SB 605, Funds/Child Treatment Program (Hise, Barringer).  SB 605 seeks an apropriation for the Child Treatment Program, which provides training and support for evidence based programs to ensure appropriate outcomes.  It has been referred to the Senate Appropriations committee.

SB 663, Blue Ribbon Commission Recs/Supportive MH Housing (Hise). SB 663 would implement the recommendations of the Housing Subcommittee of the Blue Ribbon Commission on Transitions to Community Living to require DHHS to establish a Supportive Housing Program and an Assistive Technology Reutilization Program and  to create a Transitions to Community Living Housing Budget within the Transitions to Community Living Fund to integrate individuals with Mental Illness into Community-Based Supported Housing.  It has been referred to the Health Care and Appropriations committees.

SB 687, Involuntary Commitment Custody Orders (Parmon, Brunstetter).  SB 687 will allow the clerk of court or a magistrate to issue an involuntary commitment custody order to a petitioning physician, eligible psychologist, or the 24‑hour facility's on‑site police security personnel, at a 24 hour facility when the respondent is already at the 24 hour facility.  It has been referred to the Health Care and Judiciary I committees.

SB 691, Unlawful to Assist Another to Commit Suicide (Sanderson, Brock, Cook).  It was referred to the Senate Health Care committee.

SB 712, ID Card for Homebound Persons (Hunt). SB 712 directs the DMV to adopt rules for a process for people with a severe disability who are homebound to apply for a special photo ID card by means other than personal appearance.  It has been referred to the Transportation committee.