A BILL TO BE ENTITLED
AN ACT enhancing the migrant housing laws of north carolina.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 95‑223 reads as rewritten:
"§ 95‑223.  Definitions.
As used in this Article, unless the context requires otherwise:
(1)	"Agricultural employment" means employment in any service or activity included within the provisions of Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the Internal Revenue Code of 1986; and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state and including the harvesting of Christmas trees, and the harvesting of saltwater crabs.
(2)	"Commissioner" means the Commissioner of Labor of North Carolina.
(3)	"Day" means a calendar day.
(3a)	"Department" means the North Carolina Department of Labor.
	
(4a)	"Director" means the Director of the Agricultural Safety and Health Bureau, who is the agent designated by the Commissioner to assist in the administration of this Article.
(5)	"Migrant" means an individual, and his dependents, who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence.
(6)	"Migrant housing" means any facility, structure, real property, or other unit that is established, operated, or used as living quarters for migrants.
(7)	"Operator" means any person who owns or controls migrant housing.
(8)	"Person" means an individual, partnership, association, joint stock company, corporation, trust, or legal representative.
(9)	"Substantive violation" means a violation of a safety and health standard, including those that provide fire prevention, and adequate and sanitary supply of water, plumbing maintenance, structurally sound construction of buildings, effective maintenance of those buildings, provision of adequate heat as weather conditions require, and reasonable protection for inhabitants from insects and rodents. A substantive violation does not include technical or procedural violations of safety and health standards."
SECTION 2.  Article 19 of the General Statutes is amended by adding a new section to read:
"§ 95‑223.1. Powers and duties of the Commissioner.
The Commissioner shall have the following powers and duties:
(1)	To delegate to the Director of the Agricultural Safety and Health Bureau the powers, duties, and responsibilities that the Commissioner determines will best ensure safe and healthy migrant housing conditions.
(2)	To supervise the Director of the Agricultural Safety and Health Bureau.
(3)	To adopt, modify, or revoke any rules that are necessary for the purpose of carrying out the provisions of this Article including, but not limited to, fire safety and kitchen and dining facilities, which shall conform, so far as practicable, to the rules regarding fire safety and kitchen and dining facilities adopted by the Commission for Health Services and in effect on January 1, 1989.
(4)	To enforce rules adopted pursuant to this Article.
(5)	To issue preoccupancy certificates to certify that housing for migrant workers has been found to be in compliance with this Article and the rules adopted pursuant to this Article.
(6)	To conduct periodic post‑occupancy inspections of migrant housing sites in accordance with the provisions of G.S. 95‑136 through G.S. 95‑142 to ensure that they remain in compliance with this Article and the rules adopted pursuant to this Article.
SECTION 3.  G.S. 95‑225 is repealed.
SECTION 4.  G.S. 95‑226 reads as rewritten:
"§ 95‑226.  Inspections; occupancy.
(a)	Every operator shall request a preoccupancy inspection at least 45 days prior to the anticipated date of occupancy by applying directly to the Department  or to the local health department. Upon receipt of an application by the Department, the Department shall immediately notify, in writing, the appropriate local health department; and the local health department shall inspect the migrant housing for compliance with this Article and the rules adopted pursuant to this Article. Upon receipt of the application by the local health department, the local health department shall immediately notify the Department in writing and shall inspect the migrant housing for compliance with this Article and the rules adopted pursuant to this Article.
The local health department shall forward the results of its inspection to the Department and to the operator. The Department shall inspect the migrant housing and certify to the operator the results of the inspection.
(b)	The Department shall provide local health departments and Agricultural Extension offices with blank copies of forms for applying for preoccupancy inspections.
(c)	The application for inspection shall include all of the following:
(1)	The name, address, and telephone number of the operator.
(2)	The location of the migrant housing.
(3)	The anticipated number of migrants to be housed in the migrant housing.
(4)	The anticipated dates of occupancy of the migrant housing.
(d)	Occupancy.
(1)	Except as provided by subdivison (2) of this subsection, an operator may allow the migrant housing to be occupied only if the migrant housing has been certified by the Department or the United States Department of Labor to be in compliance with this Article and the rules adopted pursuant to this Article.
(2)	An operator may allow migrant housing to be occupied on a provisional basis if:
a.	The operator applied for a preoccupancy inspection at least 45 days prior to the expected occupancy date and the preoccupancy inspection was not conducted by the Department at least four days prior to the anticipated occupancy date; or
b.	The operator has applied for an inspection pursuant to this Article and one or more migrants arrives in advance of the arrival date stated in the application. The operator shall notify the Department within two working days of the occupancy of the migrant housing.
(3)	The provisional occupancy authorized in subdivision (2) of this subsection shall be revoked if, upon subsequent inspection by the Department, the migrant housing is found not to be in compliance with this Article and the rules adopted pursuant to this Article, and any deficiencies have not been corrected within the period of time specified by the Department, or within two days after receipt of written notice provided on‑site to the operator.
(4)	Penalties may be assessed for substantive violations of this Article found during the preoccupancy inspection of migrant housing which has been occupied on a provisional basis.
	"
SECTION 5.  G.S. 95‑227 reads as rewritten:
"§ 95‑227.  Enforcement.
(a)	In addition to the rules adopted by the Commissioner pursuant to this Article, the following provisions shall apply:
(1)	For the protection of the public health, the Commission for Health Services shall adopt and the Department of Environment and Natural Resources shall enforce rules that establish water quality and water sanitation standards for migrant housing under this Article.
(2)	The requirements for the collection, treatment, and disposal of sewage, as provided in Article 11 of Chapter 130A, and the rules adopted pursuant to that Article shall apply to migrant housing.
(b)	For the purpose of enforcing the standards provided by this Article, the provisions of G.S. 95‑129, G.S. 95‑130 and G.S. 95‑136 through G.S. 95‑142 shall apply under this Article in a similar manner as they apply to places of employment under the Occupational Safety and Health Act of North Carolina.
(c)	For the purposes of this Article, the following terms contained in G.S. 95‑129, G.S. 95‑130 and G.S. 95‑136 through G.S. 95‑142 shall be construed as follows:
(1)	"Employer" shall mean an operator.
(2)	"Employee" shall mean a migrant.
(3)	"Director" shall mean the Director of the Agricultural Safety and Health Bureau.
"
SECTION 6.  G.S. 95‑228 reads as rewritten:
"§ 95‑228.  Waiver of rights.
Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy. A waiver or modification of rights by the Department shall be valid under this Article."
SECTION 7.  This act is effective when it becomes law, except that Section 3 of this act becomes effective upon the effective date of the rules adopted pursuant to Section 2 of this act.