The True End to the 2014 NCGA Short Session

legislative building

Legislators finally adjourned for the 2014 short session on Wednesday, August 20th which is almost seven weeks after originally anticipated. You may recall my Week 12 update where I claimed that week was a wrap but it did come with a catch. Legislators wanted time to decide if they needed to come back in November for a special Medicaid and/or Coal Ash Session as well as take up any number of other provisions. By law, legislators had to continue meeting every four days while leadership decided what to do. Legislators held skeleton (or no vote) sessions until they came back on Thursday, August 14th to really wrap up the short session.
Relevant bills with action

After a few committee meetings, Senators created 3 adjournment bills hoping the House would pass at least one of them:

House Joint Resolution 182 Adjournment Resolution: a bill that would end session but come back in November for a special Medicaid Reform short session.

House Joint Resolution 901 Adjournment Resolution: a bill that would end session but come back in November to discuss Medicaid Reform, conference committee reports, and a few other measures.

House Joint Resolution 1276 Adjournment: the winning bill that ended session with no plans to return in November. Unless the Governor calls legislators back for a special session, we won’t see legislators passing bills again until the 2015 long session which will start in January.

Legislators also wrapped up a few bills that were awaiting concurrence. Of interest to social workers:

House Bill 369 Criminal Law Changes was passed by both the House and the Senate and presented to the Governor for signature. The bill makes several changes to various criminal laws. Most pressing, section four of the bill directs the North Carolina Human Trafficking Commission to work with various organizations, including NASW-NC, to study and develop age appropriate sexual abuse education to be taught in schools to students and educators.

Now that session is truly done for the short session, NASW-NC will now focus on work with our Political Action for Candidate Endorsement Committee (NC PACE) on endorsing candidates that support the social work profession. Through these endorsements, we hope to elect social work friendly candidates that can help advance our profession and support the clients we serve.

2014 NC Legislative Short Session Nears End But No Deal on Budget

Last week, the General Assembly saw more action from the Senate than the House, and Senators have been meeting in Rules Committee the past couple of weeks to pass a few pressing bills. On Thursday, while discussing Medicaid Reform on the Senate floor, Senator Bryant sought an amendment to expand Medicaid. Unfortunately, but not surprisingly, the amendment failed.

Senators commented that this was the fourth time they voted down to expand Medicaid in the state. The House did meet on Thursday and Friday of last week, but they had little committee activity during the week. Despite filing an adjournment resolution for Friday, July 25th, the House does plan to meet this week. Rumors started over the weekend that legislators have reached another deal on the budget, so we hope to see the proposal this week.

Relevant bills with action:

short sessionHB 1181 Medicaid Modernization: This is the bill that would create a new department to oversee the operation of Medicaid and NC Health Choice run by a seven member appointed board, create full capitation by 2018 (instead of fee for service), integrate physical and behavioral health by 2016, and much more to reform Medicaid in our state. The bill went to committee to push back a few dates in the bill including the creation of the new department from August 1, 2014 to September 1, 2014. Senators will take a third, and final, vote on Monday night. The bill then has to get approval from the House before it is made law. No word yet on the House’s position on the bill.

HB 369 Criminal Law Changes: This bill passed out of the Senate last week and is scheduled to be heard on the House floor on Tuesday. The bill will allow NASW-NC and other partners to work with the Human Trafficking Commission on age appropriate sexual abuse education for students and teachers. The bill also makes several changes to various criminal laws such as expungement for certain offenses and higher penalties for providing inmates with cell phones.

HB 1133 Technical and Other Corrections: A bill that normally marks the end of the legislative session, the House and Senate have been working on a technical corrections bill to tie up loose ends of the session. Usually very technical in nature (spelling errors, corrections to previous bills, etc), the bill had a surprise section that would eliminate the Child Fatality Task Force that makes statewide recommendations to prevent unnecessary deaths of children.

During the existence of the Task Force, childhood death has decreased by as much as 32% in the past three decades. During floor debate, Representative Grier Martin (D-Wake), ran an amendment to eliminate this section of the bill and it passed overwhelmingly. The bill passed out of committee and passed the floor Friday. The bill will now go to the Senate.

Short Session, Week 7 and Still No Budget

The end of session should be approaching soon. The evidence? The large volume of bills that were gutted, amended, and flew through the legislature last week. The House and Senate are still divided on how large the Medicaid shortfall really might be – up to a $248 million difference between the two proposed budgets.

Pope-Southern StudiesThis was evidenced when the Senate nearly subpoenaed the State Budget Director, Art Pope to show up at their second budget meeting on Medicaid as he and his staff did not show up to one the previous week. Legislators grilled Mr. Pope on not being able to give definite numbers on the shortfall or how many adults and children are enrolled in Medicaid in the state. This tension continues to hold up the proposed budget for the House and the Senate.

Today, the House read the Suicide Prevention Resolution. The resolution called on NC to develop measures to help prevent suicide particularly for youth and veterans. Those in attendance were recognized by legislators in the House gallery during session. Many spent the day talking to legislators about how important the resolution is for young people and veterans in our state.

Last week, the Governor sent a directive to state departments to operate with the biggest cuts in the proposed budgets, but this does not include teacher assistants and massive cuts to the Aged, Blind, and Disabled on Medicaid. This would also mean no pay raises for state employees and teachers- a major goal outlined by legislators prior to the start of the short session.

Relevant bills with action:

  • SB 3 2014 Budget Mods./Pay Raises/Other Changes: Deemed the “mini budget,” this bill is a smaller version of the budget bill Senate Bill 744 and adjustments to the current budget. Raises for state employees and teachers will be paid for with agreed upon cuts. The bill does not do much to Medicaid. The bill passed the House unanimously, 117 to 0, and was sent to the Senate for concurrence. It is unsure if the Senate will agree to this mini budget with all the controversy regarding the Medicaid shortfall calculations.
  • SB 493 Health and Safety Regulatory Reform: Last Tuesday, legislators split the large Regulatory Reform Bill (Senate Bill 493) into two separate bills. SB 493 became Health and Safety Regulatory Reform that includes measures for autism insurance for anyone up to age 23 that was diagnosed before age 8, establishes a behavioral analyst licensing board, requires all health benefit plans cover prescribed, orally administered cancer drugs, and prohibits tanning bed use by anyone under age 18. The bill quickly passed committee and went to the floor. On Wednesday night, after much debate, legislators approved the bill with a vote of 78 to 32. Because of changes made to the bill, the bill has to return to the Senate for concurrence. It does not have to go through Senate committees. and if the Senate confers, the bill will go to the Governor to be signed into law.
  • SJR 882 Honor Senator Martin Nesbitt: Both the House and Senate honored late Senator Martin Nesbitt who died suddenly on March 6th, a week after being diagnosed with stomach cancer. Senator Nesbitt, from Buncombe County, was a champion for the social work profession. He was a long standing legislator, serving in both the House and Senate during his time. He is greatly missed!
  • HB 369 Criminal Law Changes/WC Illegal Aliens: The original bill was gutted and new language was inserted in the bill to address several criminal law changes. This bill does multiple things: it will expunge certain drug offenses with no age limitation and it directs the Human Trafficking Commission to study Erin’s Law (a bill NASW-NC has been working on to get a licensed clinical social worker involved). It will be heard on the Senate floor tonight. If approved, it will only need concurrence from the House before it goes to the Governor to be signed into law.
  • HB 1220 Hope 4 Haley and Friends: After passing the House last week, a Senate committee debated the bill and it was sent to the Senate floor. The bill allows for hemp oil extract from the cannabis plant to be used for youth with certain seizure disorders when no other treatment has worked. The bill does allow for UNC Chapel Hill, East Carolina, Wake Forest and Duke Universities to develop, conduct research, and participate in clinical trials with the oil. Neurologists, patients and caregivers who prescribe or are prescribed the oil would have to register under the legislation with a registry established by the Department of Health and Human Services (DHHS). Once DHHS approves measures and establishes the registry, families can start using the oil. The bill passed the Senate, the House concurred with a few changes that were made, and the bill was sent to the Governor for signature. The Governor has stated he will sign the bill into law.

Related news:

While not a priority piece of legislation for NASW-NC, we wanted to address the comments made by Representative and Speaker Pro Tem Skip Stam regarding sexual orientation in the Diagnostic and Statistical Manual IV- TR (DSM-IV-TR) when discussed during debate on Senate Bill 793 Charter School Modifications. During debate, Representative Fisher put forth an amendment to prohibit charter schools from discriminating based on sexual orientation and gender identity.

The debate spurred questions on the definition of sexual orientation and Representative Stam shared with House members a memo from the outdated 2000 DSM-IV-TR on sexual paraphilias that listed a number of sexual perversions and disorders as well as homosexuality. The DSM removed homosexuality as a disorder in 1974. The amendment did not pass. On the second day of debate, Representative Ramsey pushed an amendment that would prohibit charter schools from discriminating based on any category under federal law or the Constitution. This amendment was approved and the bill passed.

NASW-NC does not support any form of discrimination based on sexual orientation or gender identity. We are pleased that House members found common ground not to discriminate in charter schools to further protect North Carolinians.

Photo Courtesy of Southern Studies

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