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.