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Bill Summary · HB 458

Summary — HB 458: Improve Enforcement / Migrant Housing

Status and context
- Short title: "Improve Enforcement/Migrant Housing."
- Introduced in the 2025 legislative session. (Referred to committees and read in the House; see legislative calendar for current status.)
- Purpose: strengthen inspection, notification, and correction procedures for migrant worker housing to ensure unsafe or unsanitary conditions are corrected before or soon after occupancy.

What the bill does (main purpose)
- Tightens pre‑occupancy inspection and follow‑up requirements for migrant housing and clarifies operator responsibilities to ensure substantive housing violations are corrected promptly.
- Improves coordination between the North Carolina Department of Labor (NCDOL), local health departments, and the Agricultural Safety and Health Bureau.

Key provisions and changes
- Definitions: Clarifies key terms used in the Article, including “Director” (the Director of the Agricultural Safety and Health Bureau) and refines definitions used for inspections and violations.
- Pre‑occupancy inspection application:
- Operators must apply for a pre‑occupancy inspection at least 45 days before anticipated occupancy, to NCDOL or the local health department.
- Upon receipt, the receiving agency must immediately notify the other (NCDOL ↔ local health department).
- The local health department forwards its inspection results to NCDOL and the operator.
- At the time of the NCDOL pre‑occupancy inspection, NCDOL must provide the operator a federal guide on Immigration and Nationality Act compliance prepared by the U.S. DOJ.
- Provisional occupancy rules:
- An operator may allow provisional occupancy only when: (a) application was submitted ≥45 days before occupancy and (b) NCDOL did not conduct the pre‑occupancy inspection at least 4 days before occupancy.
- Provisional occupancy must be revoked if deficiencies remain uncorrected within the period the Department specifies or within two days after written on‑site notice.
- No penalties for violations discovered during a pre‑occupancy inspection except where substantive violations exist during provisional occupancy.
- Early arrivals and notification:
- If migrants arrive earlier than stated in the application, the operator must notify NCDOL within two working days.
- No migrant may occupy the housing (provisionally or otherwise) for more than 14 days without a satisfactory inspection.
- Self‑inspection option:
- If an operator’s parcel earned 100% compliance in pre‑occupancy inspections for two consecutive years, the operator may conduct their own pre‑occupancy inspection in the third year — but must register the housing with NCDOL and notify the local health department at least 45 days before occupancy. The operator must request a formal pre‑occupancy inspection in the following year.
- Application contents:
- Application must include operator contact information, property location (address, tax ID, parcel ID), anticipated number of tenants, anticipated occupancy dates, and an affidavit (form prescribed by NCDOL).

Who is affected
- Primary: operators/owners of migrant worker housing (agricultural employers who provide housing).
- Secondary: migrant farmworkers and their dependents (residents), NCDOL, local health departments, and local public health and safety agencies.

Enforcement, compliance and practical impact
- The bill strengthens administrative coordination and creates clearer timelines for inspections and corrections to reduce the likelihood that migrants will occupy noncompliant housing for extended periods.
- It preserves NCDOL’s authority to revoke provisional occupancy and to issue findings, while allowing a limited self‑inspection pathway for consistently compliant operators.
- The bill emphasizes correction of “substantive violations” (e.g., fire prevention, safe water and plumbing, structurally sound buildings, heating, rodent/insect protection) and limits penalties during pre‑occupancy inspections unless substantive violations are found during provisional occupancy.

Notes and next steps
- Review the enacted text (or the latest committee substitute) for any amendments beyond the excerpts summarized here.
- Operators should ensure they meet the 45‑day application and notification requirements, keep records of inspections and compliance ratings, and be prepared for revocation timelines if deficiencies are not corrected.

Compiled from official sources — confirm details with the bill’s official record.

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