Vol

STILL SEEKING HEALTH CARE FOR ALL

H 1897, Health Care for All Planning Commission, would create a commission to study the current health care system in NC and to develop a plan to transition to a system that ensures that all North Carolinians have access to regular, affordable, and appropriate health care by 2012. Reports and recommendations would be issued periodically between now and 2011. The bill allocates $100,000 per year for the Commission’s work. Introduced by Rep. Insko; referred to House Ways & Means Comm.

OTHER HEALTH CARE BILLS

H 1898, AIDS Testing/Certain Inmates, would require inmates known to have been IV-drug users before or during incarceration to be tested for AIDS before being released from custody. If they test positive, they would be referred to public health for counseling and treatment. Introduced by Rep. Wright; referred to House Health Comm.

H 1669, Medical Malpractice Settlement Reports, would require disclosure of two pieces of information whenever a medical malpractice suit is settled before trial. These include:

· The insurer, who would be paying on behalf of the provider being sued, would have to say how much of the settlement was for economic damages and provide documentation to support that amount.

· The attorney for the plaintiff, who would be the one claiming harm, must report the settlement to the Department of Insurance, along with information about how much of the settlement would pay attorneys’ fees, expert witnesses and other costs of the case.

Introduced by Reps. England, Rapp, Goforth; referred to House Health Comm.

H 1670, Periodic Payments for Medical Malpractice, would require a statement of how much of the damages are for future economic damages. If those damages are more than $100,000, they may be paid over a period of time, and liability to pay would end upon the death of the plaintiff, unless s/he had a duty to support someone else. Introduced by Reps. England, Rapp, Goforth; referred to House Health Comm.

H 1671, Arbitration/Negligent Health Care Actions, would provide for arbitration, rather than a trial, in a suit for damages because of injury or death that is alleged to be the result of medical malpractice. All the parties to the case would have to agree for it to go to arbitration. Contracts could not contain a provision requiring arbitration. Judgments from arbitration could not exceed $1 million for both economic and non-economic damages, and the losing party would have to pay the expenses of arbitration. Introduced by Reps. England, Glazier, Rapp; referred to House Health Comm.

H 1722, Limit Liability for Emergency Room Care, would protect emergency room providers from malpractice suits unless it could be proved that they had acted with “willful and wanton negligence,” defined as “the conscious and intentional disregard of, and indifference to, the rights and safety of others . . .” Patients in emergency rooms often, because of their injuries, have no choice about where they go or what doctor they see. Emergency rooms are also where many uninsured people go when they need health care. It is unclear why patients in these situations should not be entitled to the same level of care and the same protections from malpractice as other medical patients. Introduced by Rep. England; referred to House Health Comm.

DON’T THEY ALREADY HAVE TO DO THAT? WELL, NO.

H 1711, Establish Paid Sick Days, would entitle all workers in NC to receive at least seven paid sick leave days per year. These days could be used for the employee’s illness, to care for sick family members, to go to routine medical exams, or to address effects of domestic violence.

You may have thought employers were already required to provide paid sick days, but you would have been wrong! More than 40% of the state’s workforce (1.6 million people) do not get paid sick leave. Not surprisingly, the situation is worst for low-wage workers, where about three-fourths do not get this family-friendly benefit.

Introduced by Rep. Adams; referred to House Commerce Comm.

CAMPAIGN AND ELECTION LAWS

H 1743, Election Amendments. Among the provisions of H 1743 is one which would allow imposing a fine of up to three times the amount being concealed if the State Board of Elections finds that the late filing of a required report was because of an effort to hide campaign contributions or spending (for example, until after an election). Introduced by Rep. Goodwin; referred to House Election Law and Campaign Finance Comm.

EDUCATION

H 1790, Raise Compulsory Education Age and Graduation Rate, would raise the compulsory education age from 16 to 17 in 2009, and to 18 in 2011. The bill would also establish the Task Force for 100% Graduation by 18. It would study specific questions related to raising the compulsory attendance age, including costs, how to deal with students who cannot be accommodated in the public schools at this age, and how to combat the impact of racism and “other ‘isms’” on this age group. Introduced by Rep. Bryant; referred to House Education Comm.

CONTINUING THE FIGHT AGAINST THE OLF

H 1906, Navy Outlying Landing Field, would state the General Assembly’s opposition to the proposed OLF site in eastern NC and call on North Carolina’s congressional delegation to oppose funding for the project until the Navy finds a more suitable location. The proposed location is near a national wildlife refuge where thousands of migratory birds come for the winter. The bill notes the danger to the birds, the danger to Navy pilots running into the birds, and the loss of prime farmland near the site. Introduced by Reps. Allred, Spear, Williams; referred to House Rules Comm.

PEOPLE WITH SPECIAL NEEDS

H 1870, Funds for NCSU Center for Universal Design, would allocate $300,000 per year to a nationally-known center which designs spaces and products for use by people with various disabilities. Introduced by Rep. Holliman; referred to House Appropriations Comm.

REMEMBERING ONE OF THE COUNCIL’S GREAT FRIENDS

H 1860, Honor Rev. W.W. Finlator, would recognize the career of W.W. “Bill” Finlator, “distinguished Southern Baptist minister and pastor emeritus of Pullen Memorial Baptist Church” in Raleigh. Finlator was a well-known and tireless advocate for racial equality, social justice, and peace. A recipient of the NC Council of Churches’ Distinguished Service Award in 1999, he passed away last summer. Introduced by Reps. Ross, Weiss, Blue; referred to House Rules Comm.

S 83, Amend Domestic Criminal Trespass, is in the Senate Appropriations Comm.

S 197, Remove Sunset/Debt Management for Consumers, has been passed by the Senate and is in the House Commerce Comm.

S 677, Expunge Nonviolent Felony/Youthful Offender, has been re-referred to Senate Finance.

S 753, Disability History and Awareness Month, has been passed by the Senate.

S 874, Prohibit Corporal Punishment in Schools, has been re-referred to the Senate Education Comm.

S 967, NC Organic Economic Opportunities Study, has been re-referred to the Senate
Appropriations Comm.

S 1086, Tobacco Free Schools, has been re-referred to the House Education Comm.

S 1465, Swine Farm Environmental Performance Standards, has been passed by the Senate and is now in the House Agriculture Comm.

S 1466, Amend NCDOL Statutes, came to the Senate floor but was then re-referred to the Agriculture Comm. It has already been amended to remove the appropriation to hire more inspectors for migrant farmworker housing.

H 36, Hazardous Materials Task Force Recommendations, has been passed by the House and is in the Senate Agriculture, Environment, and Natural Resources Comm.

H 183, Ban Cell Phone Use by School Bus Drivers, has been amended to make clear that the prohibition extends to hands-free phones. It has been re-referred to House Judiciary I.

H 259, Prohibit Smoking in Public and Work Places, has been defeated 55-61 on second reading. To see how your representative voted on protecting workers and patrons from second-hand smoke, go to http://www.ncleg.net/gascripts/voteHistory/RollCallVoteTranscript.pl?sSession=2007&sChamber=H&RCS=321.

H 265, Establish High-Risk Pool, has passed third reading in the House by an overwhelming bi-partisan majority. It is now in the Senate where it has been referred to the Commerce Comm.

H 341, Proportionality Review, is on the House calendar for floor action, but has been postponed several times.

H 573, Authorize Judge/Concealed Weapon in Court, has been passed by the House and is in the Senate Judiciary II Comm.

H 751, 1898 Wilmington Race Riot Acknowledgement, has passed second reading in the House.

H 1097, Local Energy Efficiency Incentives, has been amended to add the city of Asheville to the town of Chapel Hill as localities which can grant development incentives to developers making contributions to the reduced use of energy.

H 1287, Report Denial of Some Pistol Permits, has been passed by the House.

H 1294, No Smoking/LTC Facilities, has been amended to require the operators of long-term care facilities and state psychiatric hospitals to inform new residents that smoking is prohibited inside buildings. It has been re-referred to House Judiciary I.

H 1781, Divorce Effects Program/Parenting Plan, has been re-referred to the House Judiciary III Comm.