North Carolina HB 458: Eminent Domain.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 458

Short Title: Improve Enforcement/Migrant Housing. (Public)
Sponsors: Representatives Butler, Harrison, Price, and Morey (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 20, 2025
*H458-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO BETTER ENSURE THE CORRECTION OF MIGRANT HOUSING 2
VIOLATIONS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 95-223 reads as rewritten: 5
"§ 95-223. Definitions. 6
As used in this Article, unless the context requires otherwise: 7
(1) "Agricultural employment" means employment Agricultural employment. – 8
Employment in any service or activity included within the provisions of 9
Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the 10
Internal Revenue Code of 1986; and the handling, planting, drying, packing, 11
packaging, processing, freezing, or grading prior to delivery for storage of any 12
agricultural or horticultural commodity in its unmanufactured state and 13
including the harvesting of Christmas trees, and the harvesting of saltwater 14
crabs;crabs. 15
(2) "Commissioner" means the Commissioner. – The Commissioner of Labor of 16
North Carolina;Carolina. 17
(3) "Day" means a Day. – A calendar day;day. 18
(3a) "Director" means the Director. – The Director of the Agricultural Safety and 19
Health Bureau, who is the agent designated by the Commissioner to assist in 20
the administration of this Article. 21
(4) "Established federal standard" means those standards as Established federal 22
standard. – Any standard set out in, and interpretations issued by, the Secretary 23
of the United States Department of Labor in 29 C.F.R. 1910.142, as 24
amended;amended. 25
(5) "Migrant" means an Migrant. – An individual, and his the individual's 26
dependents, who is employed in agricultural employment of a seasonal or 27
other temporary nature, and who is required to be absent overnight from his 28
permanent place of residence;residence. 29
(6) "Migrant housing" means any Migrant housing. – Any facility, structure, real 30
property, or other unit that is established, operated, or used as living quarters 31
for migrants;migrants. 32
(7) "Operator" means any Operator. – Any person who owns or controls migrant 33
housing; andhousing. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 458-First Edition
(8) "Person" means an Person. – An individual, partnership, association, joint 1
stock company, limited liability company, corporation, trust, or legal 2
representative;representative. 3
(9) "Substantive violation" means a Substantive violation. – A violation of a 4
safety and health standard, including those that provide fire prevention, and 5
adequate and sanitary supply of water, plumbing maintenance, structurally 6
sound construction of buildings, effective maintenance of those buildings, 7
provision of adequate heat as weather conditions require, and reasonable 8
protection for inhabitants from insects and rodents. A substantive violation 9
does not include technical or procedural violations of safety and health 10
standards." 11
SECTION 2. G.S. 95-226 reads as rewritten: 12
"§ 95-226. Application for inspection. 13
(a) Except as provided in subsection (f) of this section, every operator shall request a 14
preoccupancy inspection at least 45 days prior to the anticipated date of occupancy by applying 15
directly to the Department of Labor of North Carolina or to the local health department. Upon 16
receipt of an a fully completed application by the Department of Labor of North Carolina, the 17
Department of Labor of North Carolina shall immediately notify, in writing, the appropriate local 18
health department; and the local health department shall inspect the migrant housing for 19
compliance with G.S. 95-225(c) and (d). Upon receipt of the fully completed application by the 20
local health department, the local health department shall immediately notify, in writing, the 21
Department of Labor of North Carolina and shall inspect the migrant housing for compliance 22
with G.S. 95-225(c) and (d). 23
The local health department shall forward the results of its inspection to the Department of 24
Labor of North Carolina and to the operator. The Department of Labor of North Carolina shall 25
inspect the migrant housing and certify to the operator the results of the inspection. 26
At the time the Department of Labor of North Carolina conducts a preoccupancy inspection, 27
the Department of Labor of North Carolina shall provide the operator with a copy of the guide 28
for employers on compliance with the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq., 29
as amended, prepared by the United States Department of Justice. 30
(b) The Department of Labor of North Carolina shall provide local health departments 31
and Agricultural Extension offices wi