Legislative Update for the Week of May 6

Bill Update for the Week of May 6

Cross-over is fast approaching so it was a fast and furious week at the state legislature. Cross-over is the date by which most bills must pass at least one chamber. Both House and Senate leadership signaled their intent to hold fast to the May 16 deadline this year. The Senate appears to be on track to release the budget the following week, the week of May 20.  Here’s what happened last week.

HB 74 Periodic Review and Expiration of Rules, (Murry, Moffitt, Samuelson, Bryan).  An amended version of HB 74 was approved by the House Regulatory Reform committee this week.  The bill now directs state agencies to review existing rules at least once every 10 years according to a procedure set out in the bill, which begins with a determination of whether the rule is necessary with substantive public interest; necessary without substantive public interest; or unnecessary.  After a public comment period of at least 60 days, the agency submits a report to the Rules Review Commission.  The Rules Review Commission then provides a final determination report regarding the rules reviewed to the Joint Legislative Administrative Procedure Oversight Committee. The bill is scheduled for a full House vote on Monday.

 

HB 217, Criminal Law/Procedure Amendments (Faircloth, Stam). HB 217 will allow prosecutors to  transfer 15-year-olds charged with B1 and B2 felonies to Superior Court to be tried as adults. The bill was approved by the full House, 92-26 this week.  It has been referred to the Senate Judiciary I 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 Finance committee this week.  It has been referred to House Appropriations.

 

HB 274, Taxpayer Bill of Rights (Blust, Jones, Holloway, Starnes). HB 274 seeks to limit increases in the state budget, including through the proposal of constitutional amendment that would limit increases to a set formula. It was approved by the House Government committee this week.  It has now been referred to the House Finance committee.

 

HB 311, Repeal Literacy Test (K. Alexander, Michaux, Jeter, Warren).  HB 311 seeks a constitutional amendment to repeal the requirement that persons present themselves for voter registration and read and write a section of the Constitution, both of which requirements have been prohibited by federal law.  The bill was approved by the House Elections committee this week, and is scheduled for a full House vote on Monday.

HB 533, Detention of Mentally Ill in Facility (Jordan).  HB 533 is a local Ashe County bill.  It seeks to amend NCGS 122C-263 to allow a law enforcement officer or a company police officer employed by a hospital that is certified as a company police agency by the Attorney General to use appropriate and reasonable force and means to keep an Involuntary Commitment respondent at a facility or other location where the respondent is to be detained, and if pursuant to a continuous and immediate pursuit, to return the respondent to the facility or other location where the respondent is to be detained.  HB 533 was approved by the House Government committee this week and will be considered by the full House next week.

HB 585, PREA Compliance (Lewis). As originally filed, HB 585 directs all correctional facilities, juvenile facilities and local confinement facilities to comply with the provisions of the Federal Prison Rape Elimination Act. The bill was amended on the House floor to remove local confinement facilities (i.e.,  jails) from the requirement.  It was then approved by the full House and has been referred to the Senate Judiciary II committee.

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 Finance committee this week and is scheduled for a vote in the full House on Monday.

HB 693, Eliminate Exceptions/Med Treatment/Minors (Whitmire, Fulghum, Brisson, Schaffer).  HB 693 would eliminate exceptions for parental consent for medical treatment for minors seeking treatments for mental health, substance abuse, sexually transmitted diseases and pregnancy.  It was approved by the House Health and Human Services committee last week and was scheduled for a full House vote but was re-referred to the House Judiciary committee.

HB722, Capital Procedure/Severe Disability (Stam, McGrady, Stevens, Jordan). HB 722 seeks to amend the capital trial, sentencing, and post-conviction 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 was approved by the House Judiciary B subcommittee this week and was expected to be scheduled for a full House vote.  However, the bill was referred to the House Rules committee.

HB 802, Landlord/Tenant/Shorten Eviction Time (Earle, Moore, Brawley, Cunningham). HB 802 seeks to shorten the times for an eviction proceeding.  A Proposed Committee Substitute was approved by the House Judiciary C subcommittee last week and is scheduled for a full House vote on Monday.  The PCS still shortens the time for eviction but it allows an exception upon agreement of the parties, or for complex summary ejectment cases, in which the magistrate shall render judgment within five business days of the hearing. Complex summary ejectment cases include cases brought for criminal activity, breaches other than nonpayment of rent, evictions  involving Section 8 or public housing tenants, and cases with counterclaims.

 

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). HB 935 was amended by the sponsor on the House floor to allow children up to 130% of FPL, as funds are available.  In a 62-56 vote, the bill was also amended to postpone implementation to 2014.

 

SB 553, LME/MCO Enrollee Grievances and Appeals (Hise). SB 553 was approved by the Senate Judiciary II committee last week, with no changes made from the version approved by the Health committee.  It is scheduled for a vote in the full Senate on Monday.