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.