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HIGH-RISK POOL BILLS INTRODUCED

One of the glaring gaps in our country’s health care system is that people with serious health conditions often are unable to get insurance coverage, or the coverage they are offered is so expensive as to be completely unaffordable. A “high-risk pool” is one solution to this problem. It pools together those who can’t get affordable insurance otherwise, caps their premiums at a certain percentage over standard rates, and finds a source of funding to cover the difference between the pool’s income from premiums and its expenses for what are by definition more expensive than average costs.

S 163, Establish High Risk Pool, and S 177, Health Insurance Coverage/Risk Pool, would establish such a pool. Rates offered by the pool would be set at 150% of individual standard rates in S 163 and within the range of 175%-200% in S 177. Premium surcharges would be added for smokers. Reimbursements to providers could be no higher than those under Medicare. One or more insurance companies could be selected to run the high-risk pool.

NC residents would be eligible for the high-risk pool if they meet at least one of the following requirements:

· They have been rejected for health insurance coverage because of their health.

· They were offered coverage only with conditional riders excluding their high-risk condition(s).

· They can get insurance only at a rate higher than the pool’s rate.

· They have certain diagnoses (the list to be specified later).

· They have exhausted COBRA or state continuation benefits.

· They are eligible for the credit for health insurance costs under the Trade Adjustment Assistance Reform Act of 2002 (which assisted older workers who had lost jobs because of overseas competition).

The coverage provided would have to include coverage generally available in comprehensive health insurance policies. Lifetime limits could be no less than $1 million, and annual out-of-pocket expenses could be no more than $5,000.

Funding has been a sticking point in past efforts to start a high-risk pool. Both of these bills provide for assessments to be paid by insurance companies based on how many customers they have, with a maximum assessment of $2 per month for every person they insure. S 163 was introduced by Sen. Doug Berger. S 177 is from Sen. Rand. Both bills are in the Senate Commerce Comm.

OTHER HEALTH CARE BILLS

S 124, Local Government Regulation of Smoking, would allow local governments to regulate smoking in public places and would specifically repeal the current pre-emption law (which prohibits local regulations more protective of health than the weak state-wide law). Introduced by Sen. Rand; in Senate Judiciary I Comm.

S 110/H 92, Medicaid Income Limits Level Study, would require the Department of Health and Human Services to study options for increasing the income eligibility levels for Medicaid, with reports to the Study Commission on Aging by September 2008. Introduced by Sen. Malone and Reps. Weiss, Earle, Bordsen, and England; in Senate Health Care and House Aging Comms.

H 245, Medical Malpractice Insurance Coverage, would require the Commissioner of Insurance to establish a comprehensive classification rating plan for malpractice insurance. The bill would prohibit malpractice insurance rates from being based on medical specialty or type of medical practice (i.e., all obstetricians would not pay the same rates solely because they are obstetricians). While the term is not in the bill, “experience rating” (i.e., rates based on the doctor’s track record, with those with the worst malpractice records paying higher rates) would almost certainly figure in a comprehensive system. Introduced by Reps. Faison and Coleman; not assigned to a committee.

Three new bills would allocate money to important health-related issues:

S 81/H 200, Funds to Address Infant Deaths, would allocate $900,000 over the next two years for programs and medications to reduce premature births and to reduce Sudden Infant Death Syndrome. Introduced by Sen. Purcell and Reps. Earle, Bell & Weiss; in Senate Appropriations and House Health Comms.

S 129, Funds for Healthy Start Foundation, would allocate $750,000 for each year of the biennium to combat infant mortality. Introduced by Sen. Purcell; in Senate Appropriations Comm.

H 125, Public Health Funds/Aid to Counties, would allocate $25 million in each year of the biennium to improve the delivery of ten essential public health services in all counties. Introduced by Rep. Glazier; in House Appropriations Comm.

EXECUTIONS BY LETHAL INJECTION

North Carolina, like many other states, finds itself in the middle of a national discussion of the death penalty and lethal injections. State law requires the presence of a doctor at executions, and courts have ruled that the presence of a physician monitoring whether the inmate was adequately sedated would keep the execution from being “cruel and unusual punishment.” The NC Medical Board has recently adopted new ethics guidelines which allow medical doctors to be present at executions, but which prohibit them from aiding in the execution as, for example, by monitoring vital signs. The Board cited an American Medical Association statement that “the physician, as a member of a profession dedicated to preserving life when there is hope of doing so, should not be a participant in a legally authorized execution.” This impasse between the legal requirement for physicians to monitor executions and the Medical Board’s threat of disciplinary action against doctors who do so is certain to go back to court. And, while the parties decide how to proceed, the state has a de facto moratorium on executions.

Two bills, from opposite sides of the debate, have been introduced.

S 89, Legislative Commission on Lethal Injection, would create a study commission on lethal injection procedures and whether they are medically sound. It would report back to the General Assembly in 2008 and 2009. Executions would be delayed until June 1, 2009, while the study was being conducted. Introduced by Sen. Kinnaird; in Senate Rules Comm.

S 114, Execution/Physician Assistance Authorized, would override the decision of the NC Medical Board by prohibiting it from taking action against a doctor who assisted in an execution. The bill would also exclude the administration of drugs in executions from what is considered to be the practice of medicine. Introduced by Sen. Phil Berger; in Senate Judiciary I Comm.

ANTI-IMMIGRANT SENTIMENTS REAPPEAR

H 55, Security and Immigration Compliance, would attempt to crack down on immigrants who are in this state without proper legal documentation. It is very similar to a bill introduced last summer and contains seven provisions:

1. All NC public employers and their contractors would be required to take part in employee verification programs operated by the federal government.

2. NC law enforcement officers would be able to enforce federal immigration and customs laws.

3. Those in charge of jails would have to make “reasonable efforts” to determine the nationality of anyone charged with a felony or impaired driving offense. If the accused person is not a US citizen, the jail administrator must make a reasonable effort to determine if the person is in the country legally. If it is determined that the person is not here legally, the federal government must be notified.

4. Non-lawyers assisting with immigration procedures would be required to register.

5. In calculating their corporate or individual income tax, employers can’t deduct wages paid to undocumented immigrants.

6. Anticipated taxes would be withheld from undocumented immigrants who are contract workers.

7. Those administering public benefits would have to verify that any person over the age of 17 who applies for benefits is in the US legally. The following are exempt from this verification process: emergency medical care; short-term, non-cash emergency disaster relief; public health assistance for immunization against or symptoms of communicable disease; and prenatal care.

Introduced by Reps. Clay, Moore, McComas, and Neumann; in House Rules Comm.

H 164, In-State Community College Tuition/Legal Residents, would require community colleges to charge out-of-state tuition to any students who can’t prove they are in the country legally. Introduced by Rep. Boylan; in House Education Comm.

HOUSING TRUST FUND

Two bills would seek $50 million in annual additional funding for the Housing Trust Fund. H 182, Housing Trust Fund Appropriation, would allocate $50 million in fiscal year 2007-08. H 192, Affordable Housing Bonds Act of 2007, would call for a vote of the people on issuing bonds to provide funds for the Housing Trust Fund. The total amount of bonds would be $250 million, issued over five years starting in 2009.

A $50 million infusion of funds into the Housing Trust Fund would provide shelter for 6,000 households per year, generate more than 3,000 jobs annually, increase state and local tax revenues by more than $30 million, and leverage $200 million for housing development and preservation.

Both bills were introduced by Reps. Ross, Goforth, Earle, and J. Harrell. H 182 is in House Appropriations; H 192 is in House Finance.

RELIGIOUS LIBERTY FOR ALL

Current law says that oaths may be administered by allowing individuals to place their hands on “Holy Scriptures.” While those words refer, for Christians, to the Bible, an increasing number of North Carolinians are of other faiths and have other holy books. S 88, Clarify Oaths, would change the law to say that oaths may be taken on “the Bible or any text sacred to the [person’s] religious faith. Introduced by Sen. Kinnaird; in Senate Judiciary I Comm.

TINKERING WITH AGES FOR PUBLIC SCHOOL STUDENTS

Three new bills would alter the age requirements for school attendance, both on the upper and lower ends of the spectrum.

S 171, Raise Compulsory School Attendance Age, would raise the age from 16 to 18 by 2011 (unless, of course, the student graduates before turning 18). While supporters note the importance of a high school diploma, others point to the difficulties of requiring students who are never going to get a diploma to stay in school anyway. Introduced by Sen. Garrou; in Senate Education/Higher Education Comm.

Current law requires that a child be 5 years old by October 16 of the year s/he enters kindergarten. H 130, Change School Entrance Age, would move the date to June 16 “of that school year” (presumably the June before the school year starts). H 150, Every Child Ready to Learn, is similar to H 130, though more creatively named. It would move the date back to August 31. With either bill, the youngest children in kindergarten would be older than today’s youngest kindergartners. H 130 was introduced by Rep. Tucker. H 150 is from Reps. Folwell, Parmon, Pate, and Glazier. Both are in the House Education Comm.

LEANDRO FUNDING

H 225, Additional DSSF Funding for Schools, would allocate $50 million for each year of the biennium for Disadvantaged Student Supplemental Funding. DSSF was established in response to the Leandro decision, which said that the state has a constitutional duty to provide all students with a sound basic education. DSSF provides help for at-risk students. Introduced by Reps. Yongue, Carney, Glazier, and Jeffus; not yet assigned to a committee.

DEVELOPING RENEWABLE ENERGY

H 77, Promote Renewable Energy/Energy Efficiency, would call for the implementation of a 20% renewable energy and energy efficiency portfolio standard (REPS). This means that the state’s electric utilities would have to increase the amount of their electricity generated from renewable sources and facilitate energy efficiency as a way to reduce the use of non-renewable fuels. From 2009 through 2012, utilities would have to increase their REPS by 1% per year. From 2013 to 2016, the requirements would increase by 1.5% per year. For 2017 to 2021, the requirement would go up by 2% per year. By 2022, at least 0.4% of electricity sold to NC customers must come from solar or solar thermal facilities. And, by 2022, no one renewable energy source could supply more than half of the REPS requirements. Introduced by Reps. Harrison, J. Harrell, Martin, and Justice; in House Energy & Energy Efficiency Comm.

OTHER ENVIRONMENTAL BILLS

S 190, Hazardous Materials Task Force Recommendations, is identical to H 36. See Raleigh Report, February 5. Introduced by Sen. Malone; in Senate Agriculture/Environment/Natural Resources Comm.

And for those of you who think we are being just too darned tough on motor vehicle emissions: H 69, Emissions Inspections Every Two Years, would change the annual safety and emissions testing of motor vehicles to a biennial inspection. Introduced by Rep. Gulley; in House Rules Comm.

CHANGING GENERAL ASSEMBLY BASICS . . .

S 84, Four-Year Terms, would amend the state constitution to have four-year terms for members of the General Assembly, with elections to be held in presidential election years. If approved by the legislature, the amendment would have to be approved by the voters. Introduced by Sen. Weinstein; in Senate Ways & Means Comm.

S 156, Session Limits, would amend the state constitution to limit the length of long sessions to 135 calendar days and short sessions to 60 calendar days. Sessions could be extended for ten days by agreement of both houses. Introduced by Sen. Hoyle; in Senate Ways & Means Comm.

. . . AND WHO GETS TO VOTE

Current law requires voters to prove their identity only when they have registered by mail and have not previously voted in an election that included a federal office. H 185, Voter Identification, would extend the requirement to anyone voting in person. Valid identification would include a current photo ID or one of several types of documents (utility bill, bank statement, paycheck, etc.) if the voter’s name and address are on them. Introduced by Reps. Moore and Current; in House Rules Comm.

DOMESTIC VIOLENCE BILLS

S 83, Amend Domestic Criminal Trespass, would make it a felony for someone subject to a protective order to enter the property of a safe house for victims of domestic violence, whether or not the person covered by the order is at that safe house. It would also be an aggravating factor in a first-degree murder case if a defendant who is subject to a protective order commits a murder on the premises of a shelter for victims of domestic violence. Introduced by Sen. Snow; in Senate Judiciary II Comm.

And, for those of you who think DV victims should be packing heat, there’s H 202, DV Order/Plaintiff Protection. Current law allows (not requires) a domestic violence protective order to contain provisions prohibiting either party from purchasing a firearm for a period of time. H 202 would remove the plaintiff (i.e., DV victim) from the law, meaning that a judge could prohibit only the defendant from buying a gun, and under no circumstances could prohibit the plaintiff from doing so. Introduced by Rep. Hilton; in House Judiciary I Comm.

ADULT CARE FACILITIES AND THOSE WHO LIVE THERE

H 248, ACH Star Rating Authorization/Funds, would authorize the state to set up a star rating system (1 to 5 stars) for adult care homes. Factors to be considered would include inspections, investigations, penalties, and participation in improvement programs. Introduced by Reps. Bordsen and Earle; not yet assigned to a committee.

S 164/H 196, Study Housing/Training Mentally Ill in ACH, would require a study of placing people with mental illness in adult care homes along with people without mental illness. S 164 would also add staff training requirements for workers in long-term care facilities so they will provide appropriate care both to residents with mental illness and to those without mental illness. Introduced by Sen. Allran and Reps. Earle, Weiss, Bordsen, England; in Senate Health Care and House Rules Comms.

FUNDING FOR PEOPLE WITH SPECIAL NEEDS

H 137, Funds for Children with Disabilities, would allocate $25 million to increase the amount paid to local school districts for children with disabilities. Introduced by Reps. Jeffus, Bell, Glazier, and Johnson; in House Appropriations Comm.

H 199, Funds for Housing Options for Mentally Ill, is identical to S 51. See Raleigh Report, February 5. Introduced by Reps. Earle, Weiss, Bordsen, Clary; in House Mental Health Reform Comm.

H 241, Funds for Special Olympics, would allocate $200,000 in each year of the biennium for the NC Special Olympics. Introduced by Rep. Barnhart; not yet assigned to a committee.

YOUR TAXES COULD GO UP . . .

H 66, Local Option Sales Tax for Education, would authorize counties to levy an additional ½¢ sales tax and use the proceeds for school construction. The extra tax would not be assessed on food purchases. The tax increase would have to be approved by voters in the county. Introduced by Reps. Yongue, Johnson, Jones, and Lucas; in House Education Comm.

H 153, Local Option Tax Menu, would permit counties and cities to levy additional local taxes, but only if approved by voters in that locality. Among the optional local taxes are:

· Sales tax, but not on food.

· Impact tax on new homes and commercial properties.

· Meals tax.

· Room occupancy tax.

· Income tax

· Land transfer tax.

Introduced by Rep. Michaux; in House Finance Comm.

. . . AND YOUR TAXES COULD GO DOWN

H 144, Reenact Long-Term Care Tax Credit, would reinstitute a provision allowing an individual income tax credit for part of long-term insurance premiums paid, a credit which expired in 2004. H 144 would increase the percentage of premiums which could be claimed from 15% to 20% and would increase the maximum credit from $350 to $500 per insurance policy. Introduced by Rep. Tarleton; in House Finance Comm.

H 235, Simplify Gift Tax, would tie the state gift tax more closely to the federal gift tax. Under current law, NC has a lifetime gift exclusion of $100,000, and the exclusion is allowed only for gifts between lineal relatives (grandparents, parents, children). Federal law has a $1 million lifetime exclusion, without the limit to lineal relatives. State law also taxes gifts at different rates, depending on whether the gift is between lineal relatives, other close relatives, or remotely related and unrelated people. H 235 would apply the federal exclusion to state gift taxes and would not differentiate tax rates based on the relationship between the parties. The tax would be a percentage of the gift, ranging from 0 (for gifts up to $40,000) to 16% (for gifts larger than $10,040,00). Annual exclusion amounts would remain the same. Introduced by Rep. Brubaker; not yet assigned to a committee.

S 104, Repeal Estate and Gift Taxes, would repeal these state taxes, most of which are paid by the state’s wealthiest residents, over the next year. Introduced by Sen. Goodall; in Senate Finance Comm.

H 146, Three-Fifths Vote to Levy Taxes, would amend the state constitution to require a three-fifths vote in the General Assembly in order to raise any tax or introduce a new tax. Introduced by Rep. Blust; in House Rules Comm.

AND, SPEAKING OF TAXES, THERE’S THE LOTTERY

H 175, School Capital Fund Formula/Lottery Proceeds, is similar to S 2/H 9. See Raleigh Report, February 5. Introduced by Reps. Hilton, Setzer, Frye, and Dollar; in House Rules Comm.

S 86, Charter Schools Get Lottery Funds, would allow charter schools to get a share of lottery proceeds for school construction, just as traditional public schools do. Introduced by Sen. Pittinger; in Senate Appropriations Comm.

H 152, Study Lottery Proceeds for Charter Schools, would authorize such a study, with a final report to the 2009 General Assembly. Introduced by Reps. Wilkins and Tolson; in House Rules Comm.

MISCELLANEOUS

A 2005 law strengthened consumer protection for those needing assistance with debt management and distinguished unfair practices of “debt adjustors” from the activities of organizations legitimately providing credit counseling, education, and debt management services. Those protections are set to expire this October. S 197, Remove Sunset/Debt Management for Consumers, would remove that sunset provision. Introduced by Sen. Dorsett; not yet assigned to a committee.

H 93, Transport of Individual in Wheelchair Study. Identical to S 57. See Raleigh Report, February 5. Introduced by Reps. Weiss, Earle, England; in House Aging Comm.

NO GOOD DEED GOES UNPUNISHED

Last session the General Assembly required public school cafeterias to give students healthier food options. But healthier foods don’t always sell well. So H 227, Hold Child Nutrition Services Harmless, would allocate $15 million for FY ’07-’08 to reimburse local school boards for any decrease in revenues resulting from the healthier food in the cafeteria. Introduced by Reps. Yongue, Insko, Howard, and Carney; not yet assigned to a committee.

YOU WOULDN’T THINK WE’D NEED A LAW, BUT

. . .

H 183/H 186, Ban Mobile Phone Use by School Bus Drivers, would ban the use of cell phones while operating a school bus. H 183 would apply to public and private school buses and public activity buses. H 186 would add passenger vehicles owned by a private school or day care center. Exceptions are made for emergency situations. Introduced by Reps. Rapp and Pierce, respectively; in House Education Comm.

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