Legislative Update for the Week of June 23

In addition to continued finagling on the budget, the House and Senate continued work on substantive legislation this week. For news on the House proposal to pass a "mini" budget, see my post earlier today. That mini budget does nothing to get the House and Senate closer to a consensus number on Medicaid costs - see this North Carolina Health News piece and the Office of State Budget and Management presentation to the Senate Appropriations committee for more information. See below for news on legislation.

Health and Human Services

HB 1220, Hope for Haley and Friends (McElraft, Avila, Carney, Fulghum).  HB 1220 will allow a hemp oil extract to be used for treatment of seizure disorders.  It does require the creation of a database of pilot studies of the extract and registration of neurologists conducting the studies.  The dispensing neurologists will be immune from criminal penalties for dispensing the extract, as will those in possession of it for treatment purposes.  It also allows UNC and ECU (and encourages the private universities of Duke and Wake Forest) to conduct clinical research on the hemp extract. It was approved by the Senate this week and the full House concurred in the Senate Committee Substitute.  It is expected to be signed by the Governor soon.

Education

SB 812, Maintain State Authority over Academic Standards(Soucek, Tillman). The House passed its changes to the Senate Common Core bill this week.  As expected, the Senate did not concur in the House Committee Substitute and the bill will now go to conference for the two chambers to hash out their differences.

HB 712, Clarifying Changes/Special Ed Scholarships(Glazier, Stam, Jackson). HB 712 clarifies the Special Education scholarships for children with disabilities and exempts certain schools from child care licensure requirements. The House concurred in the Senate committee substitute this week.  It has been presented to the Governor for his signature.

Justice and Public Safety

SB 594, Omnibus Justice Amendments (Davis).  SB 594 includes a section that amends our state law to conform to the US Supreme Court decision in Hall v. Florida, in which the Supreme Court held that states must take into account more than a hard and fast IQ number in determining whether an individual has an intellectual disability for purposes of capital punishment.  SB 594 was approved by the full House this week but still needs one more final vote before going to the Senate. Many of the provisions unrelated to Hall were removed, but the budget provision moving the SBI to Public Safety was added.

SB 793, Charter School Modifications (Tillman, Cook). SB 793 makes several modifications to the charter school law: it provides that a teacher employed by a charter school may serve as a nonvoting member of the board of directors for the charter school;  moves the date by which the state board shall make decisions on applications from January 15 to August 15; amends the current law regarding expansion of grades of a charter school; allows priority enrollment for the children of board members; makes charter schools subject to open meetings and public records laws; allows charter schools to ask for additional records regarding the transfer of the per pupil share of the local current expense fund; to shorten the time period for payment of delinquent funds; to clarify the bidding process for the assumption of charter schools; and to direct the state board to develop a fast-track approval process.  The bill also makes changes to the anti-discrimination provision in the charter school statute.  It deletes the portion of the current law that states that a charter school shall not discriminate on the basis of ethnicity, national origin, gender or disability. It adds a new provision that states that a charter school shall not discriminate with respect to “any category protected under the US Constitution or under federal law applicable to the states.” It also adds that a charter school whose mission is single gender education may limit admission on the basis of gender. The bill was approved by the full House this week after much controversy over the anti-discrmination provisions.  It will now go back to the Senate for concurrence.  If the Senate does not concur, then the bill will go into conference.

Regulatory Reform

The regulatory reform measures discussed last week were divided into two measures this week and approved by the full House. Both bills will now proceed to the Senate for concurrence.

SB 493, Health and Safety Reg Reform (Walters). SB 493 contains a number or policy items, many of which have already been passed or included in other legislation. As it passed the House, the bill contains the Autism Insurance and related behavioral analyst licensure language; a new Pharmacy Benefits Management Act; the ban on tanning bed use for those under 18; amendments to the Nursing Home Administrator Act; language related to aligning provider oversight and extending the Medicaid re-credentialing period; removes the sunset on a provision allowing electronic monitoring in facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance; interstate connectivity for controlled substance reporting; and parity for oral cancer treatment drugs.  It also includes language proposed elsewhere regarding Special Care Units – shortening the moratorium on new licenses and allowing units approved before the moratorium to proceed.

SB 734, Regulatory Reform Act of 2014.  SB 734 is the non-Health and Safety regulatory reform bill. SB 734 proposes elimination of several boards and commissions (the version approved this week no longer includes the Innocence Commission); clarifies the process for rules re-adoption; provides for electronic filing with the Office of Administrative Hearings; directs a study of service of process in eviction proceedings; and provides that swimming pools must be accessible if required by the ADA and directs the Building Code Council to adopt rules consistent with the ADA, among other provisions. 

Voting

SB 403, Omnibus Election Clarifications (Bingham). SB 403 makes a number of changes to the voting laws, including a clarification to ensure that the failure of a witness to an absentee ballot to list a zip code does not invalidate the application and certificate. It was approved by the full House this week.  Instead of taking a concurrence vote on the Senate floor, the Senate sent the bill to the Senate Rules committee.