The Senate returned to Raleigh this week and took up bills on Tuesday and Wednesday, while the House held session Monday through Thursday. The House continued to place the motion to consider Governor Cooper’s budget veto on the calendar, but no vote was taken. The State is still operating on a continuing resolution that keeps recurring funding at last year’s levels. House Speaker Tim Moore indicated that it may be October before the House votes on the override. The legislature has already approved a stop-gap funding bill to ensure that federal dollars can still be spent during the ongoing budget stalemate.

The House approved a Senate Bill that would create a rural hospital loan program, and would also allow local governments more flexibility on their sales tax and expand eligibility for the State’s Utility Account.

The House also approved the Small Business Health Care Act, which allows statewide associations or trade groups to offer non-traditional health insurance plans to their members. The Senate is expected to concur with the changes, but it is unclear if the Governor will sign the law. Some opponents have criticized the bill for not covering all the items that traditional insurance plans do, including the 10 essential health benefits that are required under the Affordable Care Act.

The House had a heated debate on House Bill 431 in committee, which would allow local governments to provide their citizens with broadband, similarly to how they provide utilities like water. The issue divided Republicans, with many believing that the bill allows government to compete with the private sector, and goes against the Level Playing Field bill that was passed in 2011 to limit municipal broadband.

In a bipartisan vote, the House concurred with Senate changes to a bill that allows billboard owners to relocate signs when their signs are taken through eminent domain. The bill is a compromise between the outdoor advertising industry, League of Municipalities, Association of County Commissioners, NC DOT, and several cities. Under the bill, billboards will have to comply with strict criteria when relocating.

Both chambers approved a conference report on the Excellent Public Schools Act, which makes changes to the Read to Achieve program aimed at improving literacy rates in K-3. The bill will now go to the Governor.

Folwell’s “Clear Pricing Project” Fails

State Treasurer Dale Folwell is abandoning his “Clear Pricing Project” which attempted to cut State Health Plan (SHP) reimbursement rates and fix them to a percentage of the Medicare rate, after his plan failed to build an adequate provider network with the hospital groups in the State. Hospitals across the State refused to join Folwell’s new reimbursement model, claiming that simple rate cuts and reference-based pricing models threaten access to care, and do nothing to ensure that quality care is delivered. The provider community favors a value-based approach that focuses on preventative care and patient outcomes to reduce costs. Treasurer Folwell had recently extended the deadline to sign up for his experiment, however was not able to attract hospitals to join, leaving state employees out of network with their local hospital.

News & Record: https://www.greensboro.com/news/state/folwell-stopping-fight-for-now-with-n-c-hospitals-over/article_efba4725-436c-5d0c-bb70-56989660b398.html

Budget Veto Letter

51 of the 55 House Democrats signed on to a letter sent to Senate President Pro Tem Phil Berger and House Speaker Tim Moore, pledging that they will not vote to override Governor Cooper’s veto of the State Budget. In the letter, House Democrats point out that if all 51 of the Democrats who signed the letter vote against the override, then Republicans will not have the three-fifths vote required to override. Republicans need seven Democrats to break rank if all members are present. However, the NC Constitution only requires three-fifths of the members “present and voting”, so House Republicans could successfully override the veto if enough Democrats are absent on a given day. In the letter, House Democrats criticized leadership for using an underhanded tactic to wait for family or work obligations to cause enough Democrats to miss the vote.

Winston Salem Journal: https://www.journalnow.com/news/state/nc-dems-to-gop-you-don-t-have-the-votes/article_6ce55d99-e3ce-56e6-a2ff-dcc0e89ed51d.html

House Healthcare Bill

The House tentatively approved an omnibus healthcare bill on second reading this week. The bill has nine parts that do the following: creates a Psychology Interjurisdictional Compact (PSYPACT), allows licensed marriage and family therapists to perform first examinations for involuntary commitments, eliminates redundant adult care home inspections, creates the Lupus Advisory Council, requires that insurers develop formularies for Center for Medicare and Medicaid Services (CMS) approved step therapy, requires insurers to cover oral chemo drugs the same as injected chemo, requires Medicaid to pay for telemedicine, requires private insurance and the State Health Plan to cover telehealth services, and creates the North Carolina Healthcare Solutions Task Force. The bill passed second reading in the House on a 114 to 3 vote, but it is unclear what provisions the Senate will agree to, as they have historically blocked similar provisions dealing with what they consider to be insurance mandates.

2019 Session Laws

The following 192 bills have become law this session:

  1. SB 7: Bipartisan Ethics Appointments
  2. SB 75: Restore Ct. of Appeals Membership
  3. SB 77: Ag Disaster Fund/Certain Counties
  4. SB 214: Ensure Orderly 2019 Elections
  5. SB 12: Fill Certain Vacancies/Alexander & Burke Co.
  6. SB 56: Revenue Laws Technical Changes
  7. SB 4: Extend Terms of 2 Members/Coastal Carolina CC
  8. SB 272: Zoning for University Facilities-Durham
  9. SB 6: Dare County/CC Construction Funds
  10. SB 162: Loan Origination/Late Payment Charge Changes
  11. HB 263: Fill Vacancies/Modify 2018 Appointments
  12. SB 63: City of Kannapolis/Annexation
  13. HB 130: Allow Game Nights
  14. SB 505: Rural Job Retention Act
  15. SB 605: Highway Storm Recovery Act
  16. HB 1014: 2020 Census VTD Verification Program
  17. SB 310: Electric Co-Op Rural Broadband Services
  18. HB 363: Craft Beer Distribution & Modernization Act
  19. HB 233: State Auditor/Local Finance Officer Amends
  20. HB 532: DNCR Add New Trails & Various Changes
  21. HB 388: Immunizing Pharmacists
  22. HB 646: ID Approval/Flex Muni One-Stop
  23. HB 70: Delay NC HealthConnex for Certain Providers
  24. HB 9: Bessemer City Charter Amendment
  25. HB 201: Randolph Co. Register of Deeds Tax Cert
  26. SB 252: Dental Bill of Rights
  27. SB 138: Even-Yr Municipal Elections/Town of Black Mtn.
  28. SB 139: Even-Yr. Municipal Elections/Town of Montreat
  29. HB 336: Extend Suspension of Spencer Mountain
  30. SB 235: Franklin/Nash Municipalities/Unfit Dwellings
  31. SB 30 Stanly CC/Contracting Date Extension
  32. SB 381: Reconstitute/Clarify Boards and Commissions
  33. HB 301: CIP Revisions/Juvenile Code
  34. HB 179: Mini-Truck Classification
  35. HB 131: Repeal Map Act
  36. HB 82: Railroad Crossings/On-Track Equipment
  37. SB 648: Support Shellfish Aquaculture
  38. SB 448: Amend Appt For Compact on Education/Military
  39. SB 255: State Board Construction Contract Claim
  40. SB 151: Break or Enter Pharmacy/Increase Penalty
  41. HB 617: Allow Repeat Referral to Teen Court
  42. HB 578: Modify Legitimations Provisions
  43. HB 548: Modify Physical Therapy Definition
  44. HB 383: Topsail Beach Charter/Board Vacancies
  45. HB 1016: UNC Boards of Trustees Appointments
  46. HB 1017: Special Master Wake House Plan
  47. HB 415: Photos of Juveniles/Show-Ups
  48. SB 148: Public Records/Release of LEO Recordings
  49. SB 11: ABC Regulation and Reform
  50. SB 466: EDPNC Modifications
  51. HB 57: Create Term for Public Schs. & Codify NCVPS
  52. HB 389: ABC/Univ Athletic Facility
  53. HB 531: Tenants at Foreclosure Act Restored
  54. HB 658: Allow Donations of Unexpired Drugs
  55. HB 664: myFutureNC/Postsecondary Attainment Goal
  56. HB 432: Water/Sewer to Contiguous Dwelling Units
  57. HB 219: NAIC Accreditation Amendments.-AB
  58. SB 80: China Grove Satellite Annexation
  59. SB 242: Recreational Land Fee Changes
  60. SB 227: TP3/Principal Fellows Consolidation
  61. SB 84: Walkertown Zoning Authorizations
  62. SB 262: Union/Prohibit Certain Hunting Acts
  63. SB 674: Surry Co./Mt. Airy/Elkin City/Bd. Ed Partisan
  64. HB 15: Lexington/Dissolve Utilities Commission
  65. HB 240: Albemarle/City Labor for Business Ctr
  66. HB 299: Henderson Cty/Build Community College Bldgs
  67. HB 6: Burlington Airport/Lease/Contract Authority
  68. SB 225: Repeal Tuition Surcharge
  69. HB 537: Hwy Use Tax Vehicle Subscriptions
  70. HB 934: Right to Try Adult Stem Cell Treatments
  71. SB 219: Modify Teacher Licensing Requirements
  72. SB 55: Continuing Education for General Contractors
  73. SB 483: Vacation Rental Act Changes
  74. SB 610: Authorize Northern Peaks Trail
  75. SB 95: Veterans Memorial Funds/Do Not Revert
  76. SB 556: GSC People First Language 2019
  77. SB 529: Fees/Returned Checks
  78. SB 88: Electrician Requirements for Certain Orgs
  79. SB 313: Guar. to Streamline Afford. Housing
  80. SB 127: Protect Governmental Accountability
  81. HB 656: Medicaid Changes for Transformation
  82. HB 924: Teacher Contract Changes
  83. HB 474: Death by Distribution
  84. HB 67: Road Barrier Prohibition
  85. HB 310: Clarify Insurance Prod'r Crim. Bckgrd Check
  86. HB 812: Nutrient Offset Amendments
  87. HB 886: Study Participation of Operators in NC Pre-K
  88. HB 529: Utilities/Water and Wastewater Consumption
  89. HB 917: Emergency Declaration/Clarify Rd Closure
  90. HB 747: NC Missing Person Information Sharing
  91. HB 770: Freedom to Work/OLB Reform
  92. HB 871: Fair Contracts
  93. HB 4: Claremont Deannexation
  94. HB 52: Wrightsville Beach Local Act Amendment
  95. HB 204: Town of Beaufort/Annexation
  96. HB 349: Wilkes County Fire Tax-Procedure
  97. HB 489: Lincolnton-Lincoln County Airport Authority
  98. HB 80: Roanoke Rapids Lake/Unattended Equip
  99. HB 237: Brunswick County Zoning Procedure Changes
  100. HB 368: Bermuda Run/Speed Restrictions
  101. HB 98: Macon/Clay/No Right-of-Way Spotlighting
  102. HB 134: Filling Vacancy/Onslow County Board of Comm
  103. HB 170: Various Satellite Annexations
  104. HB 187: Amend Town of Elon Charter/Parking Ordinances
  105. HB 285: City of Sanford/Town of Beaufort/Vol Annex
  106. HB 239: Pitt County Animal Control Records
  107. HB 324: Local Hunting Omnibus
  108. HB 429: Navigable Waters/Manteo/Hyde
  109. SB 191: Out-of-State Law Enforcement/2020 Rep Convtn
  110. SB 399: Rehire High-Need Teachers
  111. SB 355: Land-Use Regulatory Changes
  112. SB 378: Local Economic Development Modifications
  113. SB 394: Changes to Estates & Trusts Statutes
  114. SB 311: Massage Board Membership
  115. HB 257: Motorcycles/Face Masks
  116. HB 224: Assault w/ Firearm on LEO/Increase Punishment
  117. SB 594: Register of Deeds Updates
  118. SB 525: Textile Hist. Site/Operate SE NC Museum
  119. SB 220: Removal of Political Signs by Citizens
  120. SB 500: Modify Advanced Math Course Enrollment
  121. SB 186: Beaufort-Morehead Cty Airport Authority/Amend
  122. SB 686: Appointments Bill 2019
  123. HB 492: Simplify Builder Inventory Exclusion
  124. HB 402: UNC Capital Projects
  125. SB 384: Clarify Motor Vehicle Dealer Laws
  126. HB 761: Clarify Wastewater Permitting Liability
  127. HB 758: MSD Expansion and Governance/DACS Study
  128. HB 755: Travel Insurance Amendments
  129. HB 735: Adopt Rules Incorporating 2017 Food Code
  130. HB 629: Law Enforcement Mutual Aid
  131. HB 495: No Municipal Reg/Off-Site Wastewater Systems
  132. HB 329: Renewable Energy Amends
  133. HB 156: Swain County Settlement Trust Fund
  134. HB 138: Damage Jail & Prison Fire Sprinkler/Penalty
  135. HB 106: Inmate Health Care & 340B Program
  136. HB 18: Allow Absentee Ballots/Fire District Election
  137. HB 757: Pender County/Butner Property Transfers
  138. SB 535: Authorize State Park/Clarify Corps Name
  139. HB 668: Various Higher Education Changes
  140. HB 590: Amend Administrative Procedure Laws
  141. SB 444: Allow Use of Oyster Shells As Serving Dishes
  142. HB 411: Modify School Qual./Student Success Indicator
  143. SB 210: Organ & Tissue Donation/Heart Heroes
  144. SB 316: Affordable Housing
  145. SB 297: Cancer Research Advisory Panel
  146. SB 462: Modifications to NC Appraisal Board
  147. SB 508: Civil Procedure/Deponent Declaration
  148. SB 606: Prioritize Native NC Plants on Highway ROW
  149. HB 107: PED Oversight/EPP Changes
  150. HB 323: Assess Costs of Local LEO Crime Lab Analysis
  151. HB 268: Amend On-Site Wastewater Laws/Misc. TC
  152. HB 243: State Human Resources Act Amendments.-AB
  153. HB 337: Change Salvage Vehicle Transfer Requirements
  154. HB 362: 15-Point Scale For School Performance Grades
  155. HB 546: Prohibit Counterfeit/Nonfunctional Airbags
  156. HB 620: Street Database/Manual/Public Record Except
  157. SB 29: Move Over Law/Increase Penalties/Amber Lights
  158. HB 198: Human Trafficking Commission Recommendations.-AB
  159. HB 325: Opioid Epidemic Response Act
  160. SB 194: West Jefferson/Saluda Satellite Annexations
  161. SB 420: NC Servicemembers Civil Relief Act
  162. SB 218: Clarify State Recognition - Lumbee Indians
  163. SB 145: Allow Sports/Horse Race Wagering Tribal Lands
  164. SB 332: Civil Procedure/Limitations/Land Surveyors
  165. SB 343: Various Education Law Changes
  166. SB 391: Expand Youth Internship Opportunities
  167. SB 478: Modify Appointment Reporting
  168. SB 493: DVPO Abuser Treatment/Time of Expiration
  169. SB 523: Laws Clarifying & Administrative Changes
  170. SB 604: Amend NC Veterinary Practice Act
  171. SB 108: PED/Safekeeper Health Care Cost Recov. Pract
  172. HB 469: Various Family Law Changes
  173. HB 628: 2019 Banking & Mortgage Corrections & Changes
  174. HB 675: 2019 Building Code Regulatory Reform
  175. HB 50: Allow Hyperbaric Oxygen Therapy for TBI/PTSD
  176. HB 922: Enhance Insurance Coverage/Educ. Buildings
  177. HB 264: GSC Technical Corrections 2019
  178. SB 532: Amends Probate/Trusts/Wills Choice of Law
  179. HB 220: Insurance Technical Changes.-AB
  180. SB 302: Update ACH Svc & Care Plan/Bd of Nursing
  181. SB 385: Clarify/Auto Dealers Regulatory Req
  182. SB 290: ABC Regulatory Reform Bill
  183. SB 9: Female Genital Mutilation/Clarify Prohibition
  184. SB 301: Regional School Modifications
  185. SB 366: 9th/10th Grade/College Transfer Pathways
  186. SB 413: Raise the Age Modifications
  187. SB 498: Facilitate Response to Disasters
  188. HB 724: Truth in Caller ID Act
  189. HB 872: Underground Utility Safety Act/Changes
  190. SB 190: Expand Special Assessments for Dam Repair
  191. HB 228: Modernize Laws Pertaining to NC Medical Board.-AB
  192. HB 961: Ensuring Authorization of Federal Funds