| 13 | 13 | | A BILL TO BE ENTITLED 1 |
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| 14 | 14 | | AN ACT TO BETTER ENSURE THE CORRECTION OF MIGRANT HOUSING 2 |
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| 15 | 15 | | VIOLATIONS. 3 |
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| 16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 17 | 17 | | SECTION 1. G.S. 95-223 reads as rewritten: 5 |
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| 18 | 18 | | "§ 95-223. Definitions. 6 |
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| 19 | 19 | | As used in this Article, unless the context requires otherwise: 7 |
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| 20 | 20 | | (1) "Agricultural employment" means employment Agricultural employment. – 8 |
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| 21 | 21 | | Employment in any service or activity included within the provisions of 9 |
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| 22 | 22 | | Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the 10 |
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| 23 | 23 | | Internal Revenue Code of 1986; and the handling, planting, drying, packing, 11 |
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| 24 | 24 | | packaging, processing, freezing, or grading prior to delivery for storage of any 12 |
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| 25 | 25 | | agricultural or horticultural commodity in its unmanufactured state and 13 |
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| 26 | 26 | | including the harvesting of Christmas trees, and the harvesting of saltwater 14 |
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| 27 | 27 | | crabs;crabs. 15 |
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| 28 | 28 | | (2) "Commissioner" means the Commissioner. – The Commissioner of Labor of 16 |
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| 29 | 29 | | North Carolina;Carolina. 17 |
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| 30 | 30 | | (3) "Day" means a Day. – A calendar day;day. 18 |
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| 31 | 31 | | (3a) "Director" means the Director. – The Director of the Agricultural Safety and 19 |
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| 32 | 32 | | Health Bureau, who is the agent designated by the Commissioner to assist in 20 |
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| 33 | 33 | | the administration of this Article. 21 |
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| 34 | 34 | | (4) "Established federal standard" means those standards as Established federal 22 |
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| 35 | 35 | | standard. – Any standard set out in, and interpretations issued by, the Secretary 23 |
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| 36 | 36 | | of the United States Department of Labor in 29 C.F.R. 1910.142, as 24 |
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| 37 | 37 | | amended;amended. 25 |
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| 38 | 38 | | (5) "Migrant" means an Migrant. – An individual, and his the individual's 26 |
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| 39 | 39 | | dependents, who is employed in agricultural employment of a seasonal or 27 |
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| 40 | 40 | | other temporary nature, and who is required to be absent overnight from his 28 |
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| 41 | 41 | | permanent place of residence;residence. 29 |
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| 42 | 42 | | (6) "Migrant housing" means any Migrant housing. – Any facility, structure, real 30 |
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| 43 | 43 | | property, or other unit that is established, operated, or used as living quarters 31 |
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| 44 | 44 | | for migrants;migrants. 32 |
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| 45 | 45 | | (7) "Operator" means any Operator. – Any person who owns or controls migrant 33 |
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| 48 | 51 | | (8) "Person" means an Person. – An individual, partnership, association, joint 1 |
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| 49 | 52 | | stock company, limited liability company, corporation, trust, or legal 2 |
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| 50 | 53 | | representative;representative. 3 |
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| 51 | 54 | | (9) "Substantive violation" means a Substantive violation. – A violation of a 4 |
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| 52 | 55 | | safety and health standard, including those that provide fire prevention, and 5 |
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| 53 | 56 | | adequate and sanitary supply of water, plumbing maintenance, structurally 6 |
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| 54 | 57 | | sound construction of buildings, effective maintenance of those buildings, 7 |
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| 55 | 58 | | provision of adequate heat as weather conditions require, and reasonable 8 |
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| 56 | 59 | | protection for inhabitants from insects and rodents. A substantive violation 9 |
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| 57 | 60 | | does not include technical or procedural violations of safety and health 10 |
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| 58 | 61 | | standards." 11 |
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| 59 | 62 | | SECTION 2. G.S. 95-226 reads as rewritten: 12 |
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| 60 | 63 | | "§ 95-226. Application for inspection. 13 |
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| 61 | 64 | | (a) Except as provided in subsection (f) of this section, every operator shall request a 14 |
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| 62 | 65 | | preoccupancy inspection at least 45 days prior to the anticipated date of occupancy by applying 15 |
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| 63 | 66 | | directly to the Department of Labor of North Carolina or to the local health department. Upon 16 |
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| 64 | 67 | | receipt of an a fully completed application by the Department of Labor of North Carolina, the 17 |
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| 65 | 68 | | Department of Labor of North Carolina shall immediately notify, in writing, the appropriate local 18 |
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| 66 | 69 | | health department; and the local health department shall inspect the migrant housing for 19 |
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| 67 | 70 | | compliance with G.S. 95-225(c) and (d). Upon receipt of the fully completed application by the 20 |
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| 68 | 71 | | local health department, the local health department shall immediately notify, in writing, the 21 |
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| 69 | 72 | | Department of Labor of North Carolina and shall inspect the migrant housing for compliance 22 |
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| 70 | 73 | | with G.S. 95-225(c) and (d). 23 |
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| 71 | 74 | | The local health department shall forward the results of its inspection to the Department of 24 |
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| 72 | 75 | | Labor of North Carolina and to the operator. The Department of Labor of North Carolina shall 25 |
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| 73 | 76 | | inspect the migrant housing and certify to the operator the results of the inspection. 26 |
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| 74 | 77 | | At the time the Department of Labor of North Carolina conducts a preoccupancy inspection, 27 |
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| 75 | 78 | | the Department of Labor of North Carolina shall provide the operator with a copy of the guide 28 |
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| 76 | 79 | | for employers on compliance with the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq., 29 |
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| 77 | 80 | | as amended, prepared by the United States Department of Justice. 30 |
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| 78 | 81 | | (b) The Department of Labor of North Carolina shall provide local health departments 31 |
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| 79 | 82 | | and Agricultural Extension offices with blank copies of forms for applying for preoccupancy 32 |
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| 80 | 83 | | inspections. 33 |
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| 81 | 84 | | (c) The application for inspection shall include:include all of the following: 34 |
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| 82 | 85 | | (1) The name, address, and telephone number of the operator;operator. 35 |
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| 83 | 86 | | (2) The location of the migrant housing;housing, including the address, property 36 |
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| 84 | 87 | | tax identification number, and parcel identifier number. 37 |
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| 85 | 88 | | (3) The anticipated number of migrants to be housed in the migrant housing; 38 |
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| 86 | 89 | | andhousing. 39 |
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| 87 | 90 | | (4) The anticipated dates of occupancy of the migrant housing. 40 |
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| 88 | 91 | | (5) The affidavit required by subsection (h) of this section in a form prescribed 41 |
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| 89 | 92 | | by the North Carolina Department of Labor. 42 |
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| 90 | 93 | | (d) Except as provided in subsections (e) and (f) of this section, an operator may allow 43 |
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| 91 | 94 | | the migrant housing to be occupied only if the migrant housing has been certified by the 44 |
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| 92 | 95 | | Department of Labor of North Carolina or the United States Department of Labor to be in 45 |
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| 93 | 96 | | compliance with all of the standards under this Article, except that an operator may allow migrant 46 |
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| 94 | 97 | | housing to be occupied on a provisional basis if the operator applied for a preoccupancy 47 |
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| 95 | 98 | | inspection at least 45 days prior to occupancy and the preoccupancy inspection was not conducted 48 |
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| 96 | 99 | | by the Department of Labor of North Carolina at least four days prior to the anticipated 49 |
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| 97 | 100 | | occupancy. Upon subsequent inspection by the Department of Labor of North Carolina, the 50 |
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| 98 | 101 | | provisional occupancy shall be revoked if any deficiencies have not been corrected within the 51 General Assembly Of North Carolina Session 2025 |
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| 100 | 103 | | period of time specified by the Department of Labor of North Carolina, or within two days after 1 |
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| 101 | 104 | | receipt of written notice provided on-site to the operator. No penalties may be assessed for any 2 |
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| 102 | 105 | | violation of this Article which are found during the preoccupancy inspection, unless substantive 3 |
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| 103 | 106 | | violations exist during provisional occupancy. 4 |
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| 104 | 107 | | (e) If an operator has applied for an inspection pursuant to this Article and one or more 5 |
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| 105 | 108 | | migrants arrives in advance of the arrival date stated in the application, the operator shall notify 6 |
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| 106 | 109 | | the Department of Labor of North Carolina within two working days of the occupancy of the 7 |
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| 107 | 110 | | migrant housing. In no event shall a migrant occupy the housing, provisionally or otherwise, for 8 |
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| 108 | 111 | | a period exceeding 14 days without a satisfactory inspection. 9 |
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| 109 | 112 | | (f) If an operator receives a preoccupancy inspection rating from the Department of 10 |
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| 110 | 113 | | Labor of North Carolina of one hundred percent (100%) compliance for a particular migrant 11 |
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| 111 | 114 | | housing unit parcel for two consecutive years, in the third year the operator shall have the right 12 |
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| 112 | 115 | | to conduct the preoccupancy inspection for that particular migrant housing unit himself or herself. 13 |
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| 113 | 116 | | Operators conducting their own preoccupancy inspections pursuant to this subsection shall, at 14 |
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| 114 | 117 | | least 45 days prior to occupancy, register the migrant housing with the Department of Labor of 15 |
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| 115 | 118 | | North Carolina and notify in writing the appropriate local health department. The local health 16 |
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| 116 | 119 | | department shall inspect the migrant housing for compliance with G.S. 95-225(c) and (d). The 17 |
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| 117 | 120 | | operator shall request a preoccupancy inspection under subsection (a) of this section in the year 18 |
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| 118 | 121 | | following a year when the operator conducted a self-inspection under this subsection. 19 |
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| 119 | 122 | | (g) In addition to any other applicable federal or State law or regulation, the Department 20 |
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| 120 | 123 | | may only conduct a postoccupancy inspection of operators: 21 |
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| 121 | 124 | | (1) Who were subject to an annual preoccupancy inspection by the Department 22 |
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| 122 | 125 | | of Labor of North Carolina and found not to be in one hundred percent (100%) 23 |
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| 123 | 126 | | compliance at that inspection. 24 |
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| 124 | 127 | | (2) Who were assessed a civil penalty by the Department of Labor of North 25 |
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| 125 | 128 | | Carolina during the previous calendar year for violations of this Article or 26 |
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| 126 | 129 | | pursuant to G.S. 95-136(a)(3). 27 |
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| 127 | 130 | | (3) Who did not undergo a preoccupancy inspection, unless the operator 28 |
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| 128 | 131 | | conducted a self-inspection pursuant to subsection (f) of this section. 29 |
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| 129 | 132 | | (4) In response to a referral from a federal, State, county, or local government 30 |
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| 130 | 133 | | official or any person with firsthand knowledge of an alleged violation of this 31 |
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| 131 | 134 | | Article or of an alleged safety or health hazard whom the Department of Labor 32 |
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| 132 | 135 | | of North Carolina deems to have provided a credible referral. 33 |
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| 133 | 136 | | (h) Each operator shall include as an attachment to the application in subsection (c) of 34 |
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| 134 | 137 | | this section a signed affidavit in a form prescribed by the North Carolina Department of Labor 35 |
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| 135 | 138 | | certifying under penalty of perjury as follows: 36 |
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| 136 | 139 | | (1) If the operator named on the application is an individual, the operator shall 37 |
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| 137 | 140 | | certify under the penalty of perjury that he or she is the owner or lessee of the 38 |
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| 138 | 141 | | migrant housing identified under subdivision (c)(2) of this section and that he 39 |
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| 139 | 142 | | or she is not, at the time of application or during any period for which the 40 |
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| 140 | 143 | | inspection applies, barred by any State or federal authority from participation 41 |
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| 141 | 144 | | in temporary foreign agricultural labor programs. 42 |
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| 142 | 145 | | (2) If the operator named on the application is a limited liability company, a 43 |
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| 143 | 146 | | corporation, a partnership, or any other entity properly organized under the 44 |
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| 144 | 147 | | laws of this State, or an entity formed in another state but properly doing 45 |
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| 145 | 148 | | business within this State, the operator shall certify under the penalty of 46 |
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| 146 | 149 | | perjury that it is the lessee or the owner of the migrant housing identified under 47 |
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| 147 | 150 | | subdivision (c)(2) of this section and that neither the operator, nor any 48 |
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| 148 | 151 | | precursor in interest, any owner, manager, member, investor, nor anyone in 49 |
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| 149 | 152 | | control, in whole or in part, of the operator, and further that none of the 50 |
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| 150 | 153 | | foregoing is, at the time of application or during any period for which the 51 General Assembly Of North Carolina Session 2025 |
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| 152 | 155 | | inspection applies, barred by any State or federal authority from participation 1 |
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| 153 | 156 | | in temporary foreign agricultural labor programs. 2 |
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| 154 | 157 | | (3) If the migrant housing identified under subdivision (c)(2) of this section has 3 |
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| 155 | 158 | | been conveyed to a new applicant owner or lessee, but that migrant housing 4 |
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| 156 | 159 | | has been in violation during any previous inspection and the violation remains 5 |
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| 157 | 160 | | unresolved to the satisfaction of the Department of Labor, the new operator, 6 |
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| 158 | 161 | | whether an individual or an entity, shall certify under penalty of perjury as 7 |
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| 159 | 162 | | required by subdivision (1) or (2) of this subsection as applicable, and the 8 |
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| 160 | 163 | | inspecting authority will prescribe corrective action and applicable time 9 |
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| 161 | 164 | | frames as necessary for occupancy of the realty, subject to the limitations set 10 |
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| 162 | 165 | | forth in subsection (e) of this section." 11 |
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| 163 | 166 | | SECTION 3. G.S. 95-227 reads as rewritten: 12 |
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| 164 | 167 | | "§ 95-227. Enforcement. 13 |
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| 165 | 168 | | (a) For the purpose of enforcing the standards provided by this Article, the provisions of 14 |
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| 166 | 169 | | G.S. 95-129, G.S. 95-130 and G.S. 95-136 through G.S. 95-142 shall apply under this Article in 15 |
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| 167 | 170 | | a similar manner as they apply to places of employment under OSHANC; however, 16 |
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| 168 | 171 | | G.S. 95-129(4), 95-130(2), and 95-130(6) do not apply to migrant housing. For the purposes of 17 |
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| 169 | 172 | | this Article, the term: 18 |
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| 170 | 173 | | (1) "Employer" in G.S. 95-129, G.S. 95-130 and G.S. 95-136 through 19 |
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| 171 | 174 | | G.S. 95-142 shall be construed to mean an operator. 20 |
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| 172 | 175 | | (2) "Employee" shall be construed to mean a migrant. 21 |
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| 173 | 176 | | (3) Repealed by Session Laws 2007-548, s. 5, effective August 31, 2007. 22 |
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| 174 | 177 | | (b) The Commissioner may establish a new division to enforce this Article. 23 |
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| 175 | 178 | | (c) The Department of Labor of North Carolina shall maintain a list of operators and the 24 |
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| 176 | 179 | | physical address of their migrant housing units, number of beds, and the date of the annual 25 |
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| 177 | 180 | | preoccupancy inspection and certification. 26 |
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| 178 | 181 | | (d) The Department of Labor of North Carolina shall maintain a summary of any 27 |
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| 179 | 182 | | inspections filed annually with the Division that enforce this Article, including the number and 28 |
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| 180 | 183 | | type of citations issued and the violations found, if any. For each violation, the Department shall 29 |
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| 181 | 184 | | document in the summary the name of the operator and identifying information of the migrant 30 |
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| 182 | 185 | | housing under G.S. 95-226(c)(2). The Department shall cross-reference each physical address 31 |
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| 183 | 186 | | documented under this subsection to the physical address on each application for inspection for 32 |
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| 184 | 187 | | compliance with the requirements of this Article as pertaining not only to a named operator, but 33 |
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| 185 | 188 | | also to the physical address of the migrant housing. 34 |
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| 186 | 189 | | (d1) The Department of Labor of North Carolina shall not provide a preoccupancy 35 |
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| 187 | 190 | | inspection to any operator known to the Department to be barred by any State or federal authority 36 |
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| 188 | 191 | | from participation in temporary foreign agricultural labor programs or to be otherwise in 37 |
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| 189 | 192 | | violation of this Article. If the Department of Labor of North Carolina determines that an operator 38 |
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| 190 | 193 | | has falsified the affidavit or any information contained in the affidavit required by 39 |
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| 191 | 194 | | G.S. 95-226(h), then the Department shall not provide a preoccupancy inspection to the operator 40 |
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| 192 | 195 | | for three years from the date of the affidavit. 41 |
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| 193 | 196 | | (e) The Commissioner shall report no later than May 1 of each year to the Chairpersons 42 |
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| 194 | 197 | | of the Senate Appropriations Committee on Natural and Economic Resources, the Chairpersons 43 |
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| 195 | 198 | | of the House of Representatives Appropriations Committee on Agriculture and Natural and 44 |
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| 196 | 199 | | Economic Resources, the Joint Legislative Oversight Committee on Agriculture and Natural and 45 |
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| 197 | 200 | | Economic Resources, and the Fiscal Research Division regarding the number of annual 46 |
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| 198 | 201 | | preoccupancy certifications issued, the number of operators with one hundred percent (100%) 47 |
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| 199 | 202 | | compliance at the preoccupancy inspection, the number of postoccupancy inspections conducted 48 |
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| 200 | 203 | | by the Department of Labor of North Carolina, the number and type of citations and fines issued, 49 |
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| 201 | 204 | | the total number of migrant worker beds in the State, and the identification of operators who fail 50 |
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| 202 | 205 | | to apply for or obtain permits to operate migrant housing pursuant to this Article." 51 General Assembly Of North Carolina Session 2025 |
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