2005 Session Report

 

CHILD WELFARE

 Amend Indecent Exposure Laws  (S776)
Sponsored By:
Sen. Snow

   Action:  Enacted

Amends the indecent exposure law to apply to indecent exposure to persons of the same sex with greater penalties for indecent exposure to persons under age sixteen, and to require sex offender registration upon felony conviction.
 

  Child Welfare Collaborative Funds  (S266 / H486)
Sponsored By:
Sen. Purcell;
Reps. Weiss, Insko, Barnhart, Moore

   Action:                

The bill was referred to the Senate Committee on Appropriations/Base Budget and House Committee on Appropriations.  The bill was not debated/voted and not included in the Budget.  Bill appropriated $2.9 million to expand the Education Collaborative Program that will provide needed social workers in NC.
 

Child Protective Services Worker Funds  (S875 / H1513)
Sponsored By:
Sen. Purcell;
Reps. Weiss, Earle, Barnhart

  Action:                       

The bill was inserted into the Budget at $2 million recurring for two years. Bill initially provided $5.692 million for the Multiple Response System, which is an innovative and empowering approach to intervening with families who have been reported for abuse and neglect of their children. 
 

Establish Child Assessment Responses  (S942 / H277)
Sponsored By:
Sen. Thomas;
Reps. Glazier, Alexander, and Carney

  Action:  Enacted

Provides for family assessment responses in cases in which children are reported to be neglected or dependent and for investigative assessment responses in cases in which children are reported to be abused.
 

Establish Child Maltreatment Prevention Council  (H1530)
Sponsored By:
Reps. Weiss and Earle

  Action: 

Referred to House Committee on Appropriations.  The bill was not debated/voted and not included in the Budget.  Establishes a legislative oversight council on child maltreatment prevention and an interagency leadership team for child maltreatment prevention and to appropriate funds for that purpose.
 

Meth. Lab Prevention Act  (S686)
 Sponsored By:
Sen. Dalton

  Action:  Enacted

After passing a comprehensive conference committee report that put all products with pseudoephedrine (including gels and liquids) behind a retail counter, with a log and limit on the amounts that can be purchased and with stiff penalties for breaking the law, the House came to the conclusion the last week of session that the Senate was not coming back in session this year.  The House needed the Senate to approve the conference report in order to become law.

  • Afraid that NC would go another 8 months with no legislation on this issue, the House unanimously concurred with an arguably weaker Senate bill sent over the week before that puts only single/multi-source pseudoephedrine behind a pharmacy counter.
     

  • The more comprehensive committee report is still eligible for passage in the short session.
     

NC Fast Appropriation  (Budget)

   Action:

Appropriates non-recurring $4.9 million in 2005-05 and $6 million in 2006-07 to support the development and implementation of NC FAST.  Families Accessing Services through Technology (NC FAST) is a program designed to improve the way the NC Department of Health and Human Services and county Departments of Social Services do business. NC FAST introduces new technological tools and business processes that will enable workers to spend less time on administrative tasks and more time assisting families.

  

EARLY CHILDHOOD

 Smart Start Funds (S678)
Sponsored By:
Sen. Nesbitt

   Action:

Referred to Senate Committee on Appropriations/Base Budget.  The bill was not debated/voted and no expansion included in the Budget.  Bill expanded Smart Start funding by $26.1 million in 2005-06 and $33.9 million in 2006-07. 
 

More At Four Program Expansion (Budget)

   Action: Funded

Provides recurring $16.64 million for two years to fund 3,200 additional slots. 
 

Child Care Subsidy  (Budget)

   Action:  Partially Funded

Provides non-recurring $3.6 million for 2005-06 to reduce the child care subsidy waiting list, however, most child advocates agree that no child will come off the growing waiting list.

  

ECONOMIC SECURITY

 Living Wage Act  (H330)
Sponsored By:
Rep. Adams and Farmer-Butterfield

   Action:

Failed initially on 2nd Reading in the House after historic approval in House Commerce on June 1.  In July, the Health Insurance Credit (H20) bill was amended to include a minimum wage raise to $6/hr.  Approved by House on August 10 and referred to Senate Finance Committee.  A minimum wage increase has also been included in 2005 Economic Growth and Tax Relief Act (S344), which lowers the corporate tax rate while raising the minimum wage.  S344 has passed Senate Finance. 
 

Earned Income Tax Credit (S514 / H433)
Sponsored By:
Sen. Clodfelter;
Reps. Insko, Goodwin, Weiss, and Parmon

   Action:

Referred to Senate and House Finance Committees.  No hearings or votes and was not included in the Budget.  Would provide $136 million in tax relief to lower income workers in NC, especially those living in rural areas.

 

Increase NC Housing Trust Fund (S330 / H435)
Sponsored By:
Sen. Rand;
Reps. Ross, Brubaker, Earle, and Goforth

   Action:  Partially Funded

Included $5 million in Budget non-recurring for a total of $8 million.  The bill appropriated $50 million.
 

EDUCATION

Sound Basic Education Act of 2005 (H1745)
Sponsored By:
Reps. Glazier, Yongue, and Carney

   Action:  Partially Funded

A fraction of the bill was included in the budget.  $22.5m for two years in recurring funds to the Disadvantaged Student Supplemental Fund (DSSF) and $20m recurring to the Low Wealth Schools Funding for two years.   No Sound Basic Education Commission was named in the budget.  Schools receiving DSSF and Low Wealth appropriations must account for funds in a report to Department of Public Instruction annually.
 

Appropriate Education for Suspended Students  (H1747)
Sponsored By:
Reps. Preston, Parmon, Bell, and Stam

   Action:

Referred to House Education Committee after a brief layover in House Rules Committee.  Negotiating with NCAE and School Boards Association in hiatus. 
 

Sound Basic Education Commission (Study Bill)

  Action:

SBE Commission was listed in the Study Bill in both chambers, but the Study Bill was never ratified before adjournment.  The Speaker and President Pro Tem have the authority to name commissions in the hiatus.  
 

Raise Compulsory School Attendance Age (S702 / H779)
Sponsored By:
Sen. Nesbitt;
Rep. Fisher

   Action:

The bill was referred to Senate Education Committee and was not given a hearing or vote.  In the House the bill was trumped by a bill to study the issue of raising the school attendance age to 18.  H779 was then transformed into Increase the Penalty for Truancy.
 

Clarify School Admissions Procedure (H1054)
Sponsored By:
Rep. Daughtry

  Action:  Passed the House in Senate Education Committee

What was once a bad bill is now pretty good and passed the House and waits in Senate Education Committee.  Children who were denied admission in public school because they were living with non-custodial caregivers, will now gain admission because of a new avadavat category created. 

  • Initially, the bill was designed to deny admissions of children living with non-custodial caregivers because of family crisis (abuse, drugs, emotional problems, etc.)
     

HEALTH

 

Increase Cigarette Tax  (S214/H286)
Sponsored By:
Sen. Nesbitt;
Rep. Weiss

  Action:

Budget raises the cigarette tax by 25 cents per pack of cigarette and increases it by 30 cents on July 1, 2006.   Initially bill asked for an increase of 75 cents from a nickel.
 

Expand Medicaid Eligibility to 200% of Poverty for Children  (S120/H106)
Sponsored By:
Sen. Purcell;
Reps. Nye, England, Earle

  Action:

Included in the Budget.  Moves children 200% of poverty from Health Choice to Medicaid in order to make more room for children under the Health Choice cap, therefore keeping Health Choice open for enrollment and not kicking 30,000 children off the program next year.
 

Permit Notification to Treat Minors (H679)
Sponsored By:
Rep. Capps

  Action:

Referred to House Health Committee and was heard, but not voted on.  It did not make the crossover deadline.  The bill would have denied minor patients seeking health care from confidentiality.
 

Public School Health Curriculum (H1059)

                               Sponsored by

                              Rep. Wright

  Action:

Enacted.  The bill will add HIV to the list of STDs discussed in the sex-ed curriculum while also adding the affects of alcohol and drug use on sexual activity.  Strikes any references to NC's "crimes against nature" statutes in the curriculum.  These laws were found unconstitutional by the U.S. Supreme Court's Lawrence v Texas decision affirming privacy.

 

  

JUVENILE JUSTICE

 

Street Gang Prevention Act  (H50/S733)

                               Sponsored by

                                  Sen. Graham;

                                 Rep. Michaux

  Action:

$2m in non-recurring invested in the JCPC’s over two years to address street gang activities in the Budget.  The House bill passed the House with only one vote against it.  In the Senate it passed committees, but was not heard on the floor because of the $120m incarceration note.  The bill is eligible for consideration in the short session.

 

Expunge Nonviolent Felonies/Young Offenders  (H1084)

                   Sponsored by

                                       Rep. Borsden, Crawford

  Action:

Passed the House 59-52 and is now in Senate Rules Committee.  Covenant picked up the endorsement of the NC Bar Association for this bill.  This bill will expunge the felony record from one incident that are non-violent and were committed by a minor.  The offender must pay restitution, have a clean record and perform community service.  Felonies A-G are not eligible.

 

Juvenile Crime Prevention Councils Reduction (Budget)

 

  Action:

Reduced annual budget by 2.5% or $593,663 in recurring appropriation for two years. 

 

DJJDP Youth Development Centers Reduction  (Budget)

 

  Action:

Reduced annual budget by 4% or $1.855m in recurring appropriations for two years.

 

 

MH/DD/SA

 

Mental Health Trust Fund  (Budget)

 

  Action:

$10m appropriated non-recurring for one year.

 

Mental Health Parity (S1100/H893)

                               Sponsored by

                                Sen. Nesbitt;

                                                                     Reps. Alexander, Hackney, Insko,

                            Wainwright

  Action:

Referred to Senate Committee on Commerce and House Committee on Health.  No hearing/vote nor was it included in the Budget. 

 

 

SAFETY

 

All Terrain Vehicle Regulation  (S189)

                               Sponsored by

                               Sen. Purcell

  Action:  Enacted. 

Law prohibits children under 8 years old from riding or driving ATV machines.  Requires helmets and standard safety features on all ATVs.  Also requires appropriate machine sizes for age groups.

 

School Children's Health Act of 2005  (H1502)

                               Sponsored by

                                                                     Reps. Martin, McLawhorn, Lucas   

  Action:  

Passed House unanimously and assigned to Senate Education Committee.  Bill requires schools to adopt policies that will limit children's exposure to toxicants at school. 

 

Instruction/Info. to Protect Newborn (H683)

                                          Sponsored by

                                                                     Reps. Haire, Fisher, Justice

  Action:

Passed the House 103-8 and referred to Senate Education Committee where it has sat since May 17.  Requires school systems to adopt a policy of giving information regarding NC's "safe haven" infant homicide prevention statute.

 

Ban Cell Phone Use While Driving  (H1104)

                               Sponsored by

                                    Rep. McAllister

  Action:

Defeated in House Judiciary III. 

 

 

Find On This Page...

Progress Made
 During the 2005 Session
Listed by Policy Area

 
 Child Welfare
 

Early Childhood

 
Economic Security
 
Education
 
Health
 
Juvenile Justice
 
MH/DD/SA
 
SAFETY
 

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