North Carolina 2021-2022 Session Status: In Committee Bipartisan · 33 R · 23 D · 1 I cosponsors

HB 535 — Firefighters Fighting Cancer Act of 2021.

Last action — Serial Referral To Finance Stricken

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

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

123 added · 84 removed

Plain-language change summary

The latest version of House Bill 535 has added a provision allowing firefighters diagnosed with one type of cancer to remain eligible for benefits under the Cancer Benefit Plan if they later receive another cancer diagnosis. This change is significant because it ensures ongoing support for firefighters who may face multiple cancer diagnoses, recognizing the heightened health risks they encounter in their profession. Additionally, the previous version's mention of a specific disability benefit was removed, which could streamline the benefits process but might limit the types of support firefighters can access for their disabilities resulting from cancer.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 535 Committee Substitute Favorable 4/27/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 535 Short Title:
Representatives D.
Hall, Bell, Saine, and Hardister (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 13, 2021 A BILL TO BE ENTITLED AN ACT TO PROVIDE A SUPPLEMENTAL INSURANCE POLICY FOR FIREFIGHTERS DIAGNOSED WITH CANCER.
Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House April 13, 2021 A BILL TO BE ENTITLED AN ACT TO PROVIDE A SUPPLEMENTAL INSURANCE POLICY FOR FIREFIGHTERS DIAGNOSED WITH CANCER.
"§ 58-87A-1.
"§ 59-87A-1.
58-87A-10.
59-87A-10.
"§ 58-87A-5.
"§ 59-87A-5.
There is established a North Carolina Firefighter Cancer Health Care Benefit Plan to be administered by the Department of Insurance.
There is established a North Carolina Firefighter Cancer Health Care Benefit Plan to be administered by the Department.
"§ 58-87A-10.
"§ 59-87A-10.
A firefighter with a diagnosis of cancer prior to January 1, 2022, is not eligible for benefits under the Cancer Benefit Plan for that previously diagnosed cancer type but remains eligible for benefits under the Cancer Benefit Plan upon diagnosis of any other cancer type.
A firefighter with a diagnosis of cancer prior to January 1, 2022, is not eligible for benefits under the Cancer Benefit Plan for that previously *H535-v-1* General Assembly Of North Carolina Session 2021 diagnosed cancer type but remains eligible for benefits under the Cancer Benefit Plan upon diagnosis of any other cancer type.
*H535-v-2* General Assembly Of North Carolina Session 2021 (c) A firefighter is not eligible to receive benefits under this Article if that firefighter is receiving benefits related to cancer under Article 1 of Chapter 97 of the General Statutes, the North Carolina Workers' Compensation Act.
(c) A firefighter is not eligible to receive benefits under this Article if that firefighter is receiving benefits related to cancer under Article 1 of Chapter 97 of the General Statutes, the North Carolina Workers' Compensation Act.
"§ 58-87A-15.
"§ 59-87A-15.
– An eligible firefighter shall receive reimbursement of up to twelve thousand dollars ($12,000) for any out-of-pocket medical expenses incurred, including deductibles, copayments, or coinsurance costs, for each diagnosis of cancer.
– An eligible firefighter shall receive reimbursement of up to twelve thousand dollars ($12,000) annually for any out-of-pocket medical expenses incurred, including deductibles, copayments, or coinsurance costs.
On January 1, 2023, and annually thereafter, the Department shall submit a report to the General Assembly and to the Governor that includes the following information for the year prior to the report:
Page 2 House Bill 535-First Edition General Assembly Of North Carolina Session 2021 On January 1, 2023, and annually thereafter, the Department shall submit a report to the General Assembly and to the Governor that includes the following information for the year prior to the report:
Page 2 House Bill 535-Second Edition General Assembly Of North Carolina Session 2021 (1) The number, type, and primary work location of all firefighters participating in the Cancer Benefit Plan.
(1) The number, type, and primary work location of all firefighters participating in the Cancer Benefit Plan.
SECTION 4.
SECTION 4.(a) G.S.
There is appropriated from the General Fund to the Department of Insurance the sum of seventeen million dollars ($17,000,000) in nonrecurring funds for the first year of the fiscal biennium to be used to support the Firefighter Cancer Health Care Benefit Plan.
105-228.5(d)(3) reads as rewritten:
These funds shall be used to provide the supplemental insurance policy and benefits required under this Article to an eligible firefighter with a new diagnosis of cancer on or after January 1, 2022.
"(3) Additional Rate on Property Coverage Contracts.
– An additional tax at the rate of seventy-four hundredths percent (0.74%) one and one hundred twenty-five thousandths percent (1.125%) applies to gross premiums on insurance contracts for property coverage.
The tax is imposed on ten percent (10%) of the gross premiums from insurance contracts for automobile physical damage coverage and on one hundred percent (100%) of the gross premiums from all other contracts for property coverage.
Twenty percent (20%) Ten percent (10%) of the net proceeds of this additional tax must be credited to the Volunteer Fire Department Fund established in Article 87 of Chapter 58 of the General Statutes.
Twenty percent (20%) Fourteen percent (14%) of the net proceeds must be credited to the Department of Insurance for disbursement pursuant to G.S.
58-84-25.
Up to twenty percent (20%), fourteen percent (14%), as determined in accordance with G.S.
58-87-10(f), must be credited to the Workers' Compensation Fund.
North Carolina Firefighters' and Rescue Squad Workers' Pension Fund under G.S.
58-86-1.
Five and one-half percent (5.5%) of the net proceeds must be credited to individual fire departments' relief funds to be used in accordance with G.S.
58-84-35(a)(8) for early cancer detection programs.
Eleven and three-quarters percent (11.75%) of the net proceeds must be credited to the Department of Insurance to fund the Firefighter Cancer Benefit Plan established under G.S.
59-87A-5.
The remaining net proceeds must be credited to the General Fund.
The additional tax imposed on property coverage contracts under this subdivision is a special purpose assessment based on gross premiums and not a gross premiums tax.
The following definitions apply in this subdivision:
a.
Automobile physical damage.
– The following lines of business identified by the NAIC:
private passenger automobile physical damage and commercial automobile physical damage.
b.
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Property coverage.
– The following lines of business identified by the NAIC:
fire, farm owners multiple peril, homeowners multiple peril, nonliabilityportion ofcommercialmultipleperil,oceanmarine,inland marine, earthquake, private passenger automobile physical damage, commercial automobile physical damage, aircraft, and boiler and machinery.
The term also includes insurance contracts for wind damage.
c.
NAIC.
– National Association of Insurance Commissioners." SECTION 4.(b) G.S.
105-153.5(b) is amended by adding a new subdivision to read:
House Bill 535-First Edition Page 3 General Assembly Of North Carolina Session 2021 "(15) The amount received by or paid to an eligible firefighter during the taxable year for benefits under the Cancer Benefit Plan established in Article 87A of Chapter 59 of the General Statutes." SECTION 4.(c) This section is effective for taxes imposed for taxable years beginning on or after July 1, 2021.
House Bill 535-Second Edition Page 3
Page 4 House Bill 535-First Edition
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Action History

  1. Serial Referral To Finance Stricken

  2. Serial Referral To Rules, Calendar, and Operations of the House Stricken

  3. Reptd Fav Com Substitute

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

  5. Passed 1st Reading

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

  7. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 83 co-sponsors · 93 not signed on · 7 voted No

Sponsors (3)

Co-sponsors (83)

Not signed on (93)

93 members have not signed on to this bill.

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"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

Second Reading

Passed 103 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 31102
Republican 46803
Unaffiliated 24102
U 2000
Total 1031007
% of votes cast 86%8%0%6%
How each member voted (120)
Member Party Vote
Autry — Yea
Clemmons — Yea
Gill — Yea
Harris — Yea
Rudow — Yea
CharlesSmith — Yea
Staton-Williams — Yea
vonHaefen — Yea
Wray — Yea
Bradford — Yea
Crutchfield — Yea
Elmore — Yea
Faircloth — Yea
Fontenot — Yea
Hardister — Yea
Lowery — Yea
Mills — Yea
Reeder — Yea
Saine — Yea
Sasser — Yea
CarsonSmith — Yea
Sossamon — Yea
Cleveland — Nay
Moore — Not Voting
Lucas — Not Voting
F. Jackson — Yea
K. Baker — Yea
Abe Jones Democratic Yea
Allen Buansi Democratic Yea
Allison A. Dahle Democratic Yea
Amber M. Baker Democratic Not Voting
Amos L. Quick, III Democratic Not Voting
B. Ray Jeffers Democratic Nay
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Gloristine Brown Democratic Yea
James Roberson Democratic Yea
Joe John Democratic Yea
Kanika Brown Democratic Yea
Laura Budd Democratic Yea
Lindsey Prather Democratic Yea
Marcia Morey Democratic Yea
Maria Cervania Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Renée A. Price Democratic Yea
Robert T. Reives, II Democratic Yea
Sarah Crawford Democratic Yea
Shelly Willingham Democratic Yea
Terence Everitt Democratic Yea
Terry M. Brown Jr. Democratic Yea
Tim Longest Democratic Yea
Vernetta Alston Democratic Yea
Ya Liu Democratic Yea
Zack Hawkins Democratic Yea
A. Reece Pyrtle, Jr. Republican Yea
Allen Chesser Republican Yea
Ben T. Moss, Jr. Republican Yea
Bill Ward Republican Yea
Brenden H. Jones Republican Yea
Brian Biggs Republican Nay
Celeste C. Cairns Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Not Voting
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Nay
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Nay
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Not Voting
Jennifer Balkcom Republican Nay
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Nay
John Sauls Republican Yea
Joseph Pike Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Nay
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Not Voting
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Neal Jackson Republican Nay
Phil Shepard Republican Nay
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Tyson Republican Yea
Ted Davis, Jr. Republican Yea
Tricia Ann Cotham Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 535?
HB 535 is sponsored by Joe John (Democratic), Mike Clampitt (Republican), R. Smith, K. Smith, C. Smith, Destin Hall (Republican), John R. Bell, IV (Republican), Saine, Hardister, Hunter, Adcock, Vernetta Alston (Democratic), Dean Arp (Republican), Autry, Amber M. Baker (Democratic), Cynthia Ball (Democratic), Mary Belk (Democratic), Boles, Bradford, William D. Brisson (Republican), Terry M. Brown Jr. (Democratic), Becky Carney (Democratic), Clemmons, Cooper-Suggs, Carla D. Cunningham (U), Allison A. Dahle (Democratic), Jimmy Dixon (Republican), Everitt, Farkas, Fisher, Gailliard, Gill, Karl E. Gillespie (Republican), Edward C. Goodwin (Republican), Graham, Dudley Greene (Republican), Kyle Hall (Republican), Hanig, Harris, Pricey Harrison (Democratic), Zack Hawkins (Democratic), Chris Humphrey (Republican), Hunt, Charles W. Miller (Republican), Timothy D. Moffitt (Republican), Marcia Morey (Democratic), Erin Paré (Republican), Ray Pickett (Republican), Garland E. Pierce (Democratic), Mark Pless (Republican), Larry W. Potts (Republican), Amos L. Quick, III (Democratic), Robert T. Reives, II (Democratic), Dennis Riddell (Republican), Mitchell S. Setzer (Republican), Phil Shepard (Republican), Brenden H. Jones (Republican), Keith Kidwell (Republican), Carolyn G. Logan (Democratic), Lucas, Jeffrey C. McNeely (Republican), Meyer, Szoka, Terry, Brian Turner (Democratic), Sam Watford (Republican), Donna McDowell White (Republican), Shelly Willingham (Democratic), David Willis (Republican), Matthew Winslow (Republican), Wray, Yarborough, Jeff Zenger (Republican), Larry C. Strickland (Republican), Hurtado, Frank Iler (Republican), Insko, Julie von Haefen (Democratic), Dante Pittman (Democratic), Ben T. Moss, Jr. (Republican), Ted Davis, Jr. (Republican), Cecil Brockman (Democratic), Eric Ager (Democratic), Abe Jones (Democratic), and Jake Johnson (Republican).
What is the current status of HB 535?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 535?
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