North Carolina 2019-2020 Session Status: Enacted 6 R cosponsors

SB 86 — Small Business Health Care Act.

Last action — Became Law W/o Signature

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2019. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    2 primary, 13 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Mixed recorded votes

    1 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

231 added · 239 removed

Plain-language change summary

In the updated version of Senate Bill 86, a new provision was added that allows certain individuals who are not owners or employees of a Multiple Employer Welfare Arrangement (MEWA) to serve as trustees, provided they have the necessary expertise. This change emphasizes the importance of having knowledgeable individuals manage the MEWA while ensuring that those with potential conflicts of interest are excluded. Additionally, the language around the purposes and operation of MEWAs has been clarified to maintain a focus on sound practices. These amendments are significant because they enhance accountability and expertise in the management of employee benefits, which can impact the quality of coverage for employers and their employees.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 86 Health Care Committee Substitute Adopted 3/7/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 86 Short Title:
Senators Bishop, Krawiec, Edwards (PrimarySponsors);
Ballard, Brown, Burgin, Daniel, J.
Davis, Ford, Hise, Johnson, McInnis, Newton, Perry, and Steinburg.
February 20, 2019 A BILL TO BE ENTITLED AN ACT TO CREATE GREATER OPPORTUNITIES FOR SMALL EMPLOYERS TO PROVIDE EMPLOYEES ACCESS TO HEALTH INSURANCE.
Rules and Operations of the Senate February 20, 2019 A BILL TO BE ENTITLED AN ACT TO CREATE GREATER OPPORTUNITIES FOR SMALL EMPLOYERS TO PROVIDE EMPLOYEES ACCESS TO HEALTH INSURANCE.
(2) Established by a trade association, industry association, or professional association of employers or professionalsBe established by a group of employers under an association that (i) has a constitution or bylaws and thatbylaws, (ii) has been organized and maintained in good faith for a continuous period of five years for purposes other than that of obtaining or providing insurance;at least two years, and (iii) has at least one substantial business purpose unrelated to offering and providing health coverage or other employee benefits to its employer members and their employees.
(2) Established by a trade association, industry association, or professional association of employers or professionals that has Have a constitution or bylaws and that has have been organized and maintained in good faith for a continuous period of five at least two years for purposes other than that of obtaining or providing insurance;insurance.
(3) Operated Be operated pursuant to a trust agreement by a board of trustees that has complete fiscal control over the MEWA and that is responsible for all *S86-v-2* General Assembly Of North Carolina Session 2019 operations of the MEWA.
(3) Operated Be operated pursuant to a trust agreement by a board of trustees that has complete fiscal control over the MEWA and that is responsible for all operations of the MEWA.
Except as provided in this subdivision, the trustees must be owners, partners, officers, directors, or employees of one or more employers in the MEWA.
Except as provided in this subdivision, the trustees must be owners, partners, officers, directors, or employees of one or more *S86-v-1* General Assembly Of North Carolina Session 2019 employers in the MEWA.
(3a) Have at least one substantial business purpose unrelated to offering and providing health coverage or other employee benefits to its employer members and their employees.
(3b) Have a commonality of interest as described in subsection (h) of this section.
(5) Operated Be operated in accordance with sound actuarial principles.
(5) Operated Be operated in accordance with sound actuarial principles." SECTION 1.(b) G.S.
(6) Have a commonality of interest as described in subsection (h) of this section.
58-49-40 is amended by adding one new subsection to read:
(7) Have at least 500 covered lives." SECTION 1.(b) G.S.
58-49-40 is amended by adding two new subsections to read:
(1) It is established by a group of employers under an association in the same trade, industry, line of business, or profession.
(1) It is established by employers in the same trade, industry, line of business, or profession.
(2) It is established by employers under an association in the same region or metropolitan area, provided that region or area is contiguous to the State and includes the State.
(2) It is established by employers in the same region or metropolitan area, provided that region or area is contiguous to the State and includes the State." SECTION 1.(c) G.S.
(i) For purposes of this section, a newlycreated association shall be deemed to have been organized and maintained for as long as its newest constituent association has been in existence." SECTION 1.(c) G.S.
If the premium is paid by the employer and the employees Page 2 Senate Bill 86-Second Edition General Assembly Of North Carolina Session 2019 jointly, or by the principal and agents jointly, or by the employees, or by the agents, the group shall be structured on an actuarially sound basis.
If the premium is paid by the employer and the employees jointly, or by the principal and agents jointly, or by the employees, or by the agents, the group shall be structured on an actuarially sound basis.
For the purposes of this subdivision, the term "employer" includes a multiple employer welfare arrangement that has at least 500 covered lives and is classified by the United States Department of Labor as a bona fide group or association under at least one of the following:
For the purposes of this subdivision, the term "employer" includes a multiple Page 2 Senate Bill 86-First Edition General Assembly Of North Carolina Session 2019 employer welfare arrangement that is classified by the United States Department of Labor as a bona fide group or association under at least one of the following:
The requirements set forth in section 3(5) of the Employee Retirement Income Security Act of 1974 and implementing regulations, including 29 C.F.R.
The requirements set forth in section 3(5) of the Employee Retirement Income Security Act of 1974.
Part 2510.
The policy committees.
The policy is subject to the following requirements:
For purposes of this section, a newly created association shall be deemed to have been organized and maintained for as long as its newest constituent association has been in existence.
Any policy issued is subject to the following requirements:
Senate Bill 86-Second Edition Page 3 General Assembly Of North Carolina Session 2019 e.
e.
b.
Senate Bill 86-First Edition Page 3 General Assembly Of North Carolina Session 2019 b.
Page 4 Senate Bill 86-Second Edition General Assembly Of North Carolina Session 2019 (11) "Large Large group market".
(11) "Large Large group market".
b.
Page 4 Senate Bill 86-First Edition General Assembly Of North Carolina Session 2019 b.
Senate Bill 86-Second Edition Page 5 General Assembly Of North Carolina Session 2019 c.
c.
The index factor shall be the index as of July of the year preceding the change divided by the index as of July 2012.
The index factor shall be Senate Bill 86-First Edition Page 5 General Assembly Of North Carolina Session 2019 the index as of July of the year preceding the change divided by the index as of July 2012.
Page 6 Senate Bill 86-Second Edition
Page 6 Senate Bill 86-First Edition
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Action History

  1. Became Law W/o Signature

  2. Ch. SL 2019-202

  3. Pres. To Gov. 8/15/2019

  4. Ratified

  5. Concurred In H Com Sub

  6. Ordered Enrolled

  7. Regular Message Received For Concurrence in H Com Sub

  8. Regular Message Sent To Senate

  9. Amend Adopted A1

  10. Amend Tabled A2

  11. Passed 2nd Reading

  12. Passed 3rd Reading

  13. Ordered Engrossed

  14. Reptd Fav Com Sub 2

  15. Cal Pursuant Rule 36(b)

  16. Placed On Cal For 08/07/2019

  17. Reptd Fav Com Substitute

  18. Re-ref Com On Rules, Calendar, and Operations of the House

  19. Serial Referral To Insurance Stricken

  20. Withdrawn From Com

  21. Re-ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House

  22. Passed 1st Reading

  23. Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Health, if favorable, Insurance, if favorable, Rules, Calendar, and Operations of the House

  24. Regular Message Sent To House

  25. Regular Message Received From Senate

  26. Passed 3rd Reading

  27. Amend Tabled A1

  28. Amend Tabled A2

  29. Amend Tabled A3

  30. Passed 2nd Reading

  31. Reptd Fav

  32. Reptd Fav Com Substitute

  33. Com Substitute Adopted

  34. Re-ref Com On Rules and Operations of the Senate

  35. Reptd Fav

  36. Re-ref Com On Health Care

  37. Withdrawn From Com

  38. Re-ref to Commerce and Insurance. If fav, re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

  39. Passed 1st Reading

  40. Ref To Com On Rules and Operations of the Senate

  41. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 13 co-sponsors · 164 not signed on · 39 voted No

Sponsors (2)

  • Bishop
  • Krawiec

Co-sponsors (13)

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Passed 32 Yea · 9 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 4301
Unaffiliated 17606
Republican 11002
Total 32909
% of votes cast 64%18%0%18%
How each member voted (50)
Member Party Vote
Fitch — Yea
McKissick — Yea
Peterson — Yea
Woodard — Yea
Ballard — Yea
Bishop — Yea
Brown — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
deViere — Nay
Foushee — Nay
Marcus — Nay
Nickel — Nay
VanDuyn — Nay
Searcy — Not Voting
Smith — Not Voting
J. Davis — Not Voting
Edwards — Not Voting
Tillman — Not Voting
Wells — Not Voting
D. Davis — Yea
J. Jackson — Nay
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Yea
Michael Garrett Democratic Not Voting
Mujtaba A. Mohammed Democratic Nay
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Not Voting
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Not Voting
Warren Daniel Republican Yea

Official roll call →

Second Reading M8 Re-Refer Insurance

Failed 50 Yea · 64 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 21201
Republican 13202
Unaffiliated 263003
U 2000
Total 506406
% of votes cast 42%53%0%5%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Nay
Bumgardner — Nay
Carter — Nay
Cleveland — Nay
Conrad — Nay
Davis — Nay
Dobson — Nay
Elmore — Nay
Faircloth — Nay
Fraley — Nay
Grange — Nay
Hardister — Nay
Horn — Nay
Hurley — Nay
L. Johnson — Nay
Lewis — Nay
McElraft — Nay
McGrady — Nay
McNeill — Nay
Moore — Nay
Murphy — Nay
Presnell — Nay
Rogers — Nay
Saine — Nay
Sasser — Nay
Speciale — Nay
Szoka — Nay
Yarborough — Nay
Zachary — Nay
Lucas — Not Voting
Graham — Not Voting
Richardson — Not Voting
C. Smith — Nay
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Nay
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Nay
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Nay
Brenden H. Jones Republican Nay
Chris Humphrey Republican Nay
Dean Arp Republican Nay
Dennis Riddell Republican Nay
Destin Hall Republican Nay
Donna McDowell White Republican Nay
Donny Lambeth Republican Nay
Edward C. Goodwin Republican Nay
Frank Iler Republican Nay
Harry Warren Republican Nay
Hugh Blackwell Republican Not Voting
Jake Johnson Republican Nay
Jay Adams Republican Nay
Jeffrey C. McNeely Republican Nay
Jimmy Dixon Republican Nay
John A. Torbett Republican Nay
John R. Bell, IV Republican Nay
John Sauls Republican Nay
Julia C. Howard Republican Nay
Keith Kidwell Republican Nay
Kelly E. Hastings Republican Nay
Kevin Corbin Republican Nay
Kyle Hall Republican Nay
Larry C. Strickland Republican Nay
Larry W. Potts Republican Nay
Lisa S. Barnes Republican Nay
Mark Brody Republican Nay
Mitchell S. Setzer Republican Nay
Phil Shepard Republican Not Voting
Sarah Stevens Republican Nay
Stephen M. Ross Republican Nay
Steve Jarvis Republican Nay
W. Ted Alexander Republican Yea
William D. Brisson Republican Nay
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

healthcare labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 86?
SB 86 is sponsored by D. Davis, Bishop, Krawiec, Edwards, Ballard, Brown, Warren Daniel (Republican), Ralph Hise (Republican), Tom McInnis (Republican), Newton, Perry, Steinburg, Todd Johnson (Republican), Carl Ford (Republican), and Jim Burgin (Republican).
What is the current status of SB 86?
This bill has been enacted into law. Introduced February 19, 2019. Enacted.
Where can I track SB 86?
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