GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 135
Appropriations Committee Substitute Adopted 6/28/95

Short Title:  1995 Budget.	(Public)

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Sponsors:

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Referred to:  

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February 6, 1995

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FEDERAL BLOCK GRANT FUNDS AND TO EXTEND CERTAIN EXPIRING PROVISIONS.
The General Assembly of North Carolina enacts:
DHR BLOCK GRANT PROVISIONS
Section 1. (a)	Appropriations from federal block grant funds are made for the fiscal year ending June 30, 1996, according to the following schedule:

COMMUNITY SERVICES BLOCK GRANT

01.	Community Action Agencies	$  9,198,794
02.	Limited Purpose Agencies	511,044

03.	Department of Human Resources
to administer and monitor
the activities of the
Community Services Block Grant	511,044

TOTAL COMMUNITY SERVICES BLOCK GRANT	$ 10,220,882

SOCIAL SERVICES BLOCK GRANT

01.	County Departments of Social Services	$ 36,864,132

02.	Allocation for In-Home Services provided
by County Departments of
Social Services	2,101,113

03.	Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services	5,524,186

04.	Division of Services for the Blind	3,205,711

05.	Division of Youth Services	1,052,674

06.	Division of Facility Services	343,341

07.	Division of Aging	336,157

08.	Day Care Services	16,194,900

09.	Office of Citizen Affairs	55,458

10.	State Administration and State Level
Contracts	3,473,524

11.	Voluntary Sterilization Funds	98,710

12.	Transfer to Maternal and Child
Health Block Grant	1,585,833

13.	Adult Day Care Services	599,551

14.	County Departments of Social Services for
Child Abuse/Prevention and
Permanency Planning	394,841

15.	Allocation to Division of Maternal and
Child Health for Grants-in-Aid to Prevention
Programs	439,261

16.	Transfer to Preventive Health
Block Grant for Emergency Medical Services
and Basic Public Health Services	633,128

17.	Allocation to Preventive Health Block
Grant for AIDS Education	81,001

18.	Allocation to Department of Administration
for North Carolina Fund for Children	45,270

19.	Allocation to Home and Community Care
Block Grant for Persons Age 60
and Older	1,649,077

20.	Allocation to the Office of Economic
Opportunity for Elderly and
Handicapped Services	49,954

21.	Division of Services for the Deaf
and the Hard of Hearing	31,611

22.	Division of Child Development for
Head Start	147,467

TOTAL SOCIAL SERVICES BLOCK GRANT	$ 74,906,900

LOW INCOME ENERGY BLOCK GRANT

01.	Energy Assistance Programs	$ 13,727,365

02.	Crisis Intervention	4,924,615

03.	Administration	1,834,677

04.	Weatherization Program	3,621,041

05.	Indian Affairs	33,022

TOTAL LOW INCOME ENERGY BLOCK GRANT	$ 24,140,270

MENTAL HEALTH SERVICES BLOCK GRANT

01.	Provision of Community-Based
Services in accordance with the
Mental Health Study Commission's
Adult Severe and Persistently
Mentally Ill Plan	$ 3,794,179

02.	Provision of Community-Based
Services in accordance with the
Mental Health Study Commission's
Child Mental Health Plan	1,802,819

03.	Administration	572,897

TOTAL MENTAL HEALTH SERVICES BLOCK GRANT	$ 6,169,895

BLOCK GRANT FOR THE PREVENTION AND 
TREATMENT OF SUBSTANCE ABUSE

01.	Provision of Community-Based
Alcohol and Drug Abuse Services,
Tuberculosis Services, and Services
provided by the Alcohol, Drug Abuse
Treatment Centers	$ 10,935,939

02.	Continuation and Expansion of
Services for Pregnant Women and
Women with Dependent Children	5,057,281

03.	Continuation and Expansion of
Services to IV Drug Abusers and others
at risk for HIV diseases	4,560,670

04.	Provision of services in accordance with
the Mental Health Study Commission's
Child and Adolescent Alcohol and other
Drug Abuse Plan	5,964,093

05.	Administration	1,863,879

TOTAL BLOCK GRANT FOR PREVENTION
AND TREATMENT OF SUBSTANCE ABUSE	$ 28,381,862

CHILD CARE AND DEVELOPMENT BLOCK GRANT

01.	Child Day Care Services	$ 16,900,635

02.	Administrative Expenses and Quality
and Availability Initiatives	1,877,848

03.	Before and After School Child Care Programs
and Early Childhood Development Programs	4,694,620

04.	Quality Improvement Activities	1,564,977

TOTAL CHILD CARE AND DEVELOPMENT
BLOCK GRANT	$ 25,037,977

(b)	Decreases in Federal Fund Availability
If federal funds are reduced below the amounts specified above after the effective date of this act, then every program, except for the Indian Affairs Programs in the Low Income Energy Block Grant, in each of the federal block grants listed above, shall be reduced equally to total the reduction in federal funds.
(c)	Increases in Federal Fund Availability
Any block grant funds appropriated by the United States Congress in addition to the funds specified in this act shall be expended by the Department of Human Resources, with the approval of the Office of State Budget and Management, provided the resultant increases are in accordance with federal block grant requirements and are within the scope of the block grant plan approved by the General Assembly.  All these budgeted increases shall be reported to the Joint Legislative Commission on Governmental Operations and to the Director of the Fiscal Research Division.
This subsection shall not apply to Job Training Partnership Act funds.
(d)	If funds appropriated through the Child Care and Development Block Grant for any program cannot be obligated or spent in that program within the obligation or liquidation periods allowed by the federal grants, the Department may move funds to other programs, in accordance with the federal requirements of the grant, in order to use the federal funds fully.
(e)  Supplemental Head Start funds appropriated in this section to the Department of Human Resources shall continue to be allocated to those counties currently receiving these funds.

NER BLOCK GRANT FUNDS
Sec. 1.1.  (a) Appropriations from federal Community Development Block Grant funds for the 1995 program year are made for the fiscal year ending June 30, 1996, according to the following schedule:

COMMUNITY DEVELOPMENT BLOCK GRANT
01.	State Administration	$  1,037,740

02.	Urgent Needs and Contingency	   2,269,350

03.	Community Empowerment	   3,000,000

04.	Economic Development	   9,077,400

05.	Community Revitalization	  29,740,250

06.	State Technical Assistance	     462,260

07.	Micro-Enterprise	1,000,000

08.	Infrastructure Survey/Planning	300,000

TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT - 1995 Program Year	$ 46,887,000

(b) Appropriations from federal Community Development Block Grant funds for the 1996 program year are made for the fiscal year ending June 30, 1996, according to the following schedule:

COMMUNITY DEVELOPMENT BLOCK GRANT
01.	State Administration	$  1,037,740

02.	Urgent Needs and Contingency	   2,269,350

03.	Community Empowerment	   3,000,000

04.	Economic Development	   9,077,400

05.	Community Revitalization	  29,740,250

06.	State Technical Assistance	     462,260

07.	Micro-Enterprise	1,000,000

08.	Infrastructure Survey/Planning	300,000

TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT - 1996 Program Year	$ 46,887,000

(c)	Appropriations from federal block grant funds other than the Community Development Block Grant are made for the fiscal year ending June 30, 1996, according to the following schedule:

TOTAL JOB TRAINING PARTNERSHIP ACT	$ 34,444,705

MATERNAL AND CHILD HEALTH SERVICES

01.	Healthy Mother/Healthy Children
	Block Grants to Local Health
	Departments	$ 11,303,377

02.	High Risk Maternity Clinic Services,
	Perinatal Education and Training, SIDS,
	and Consultation/Technical Assistance	1,810,112

03.	Services to Children with Special Health
	Care Needs	5,065,331

04.	Nutrition Services	120,530

TOTAL MATERNAL AND CHILD
HEALTH SERVICES	$ 18,299,350

PREVENTIVE HEALTH BLOCK GRANT

01.	Emergency Medical Services	$     452,375

02.	Basic Public Health Services	      180,753

03.	Hypertension Programs	      773,203

04.	Statewide Health Promotion Programs	    2,689,553

05.	Dental Health for Fluoridation
	of Water Supplies	      228,404

06.	Rape Prevention and Rape
	Crisis Programs	      183,632

07.	AIDS/HIV Education, Counseling,
	and Testing	       81,001

08.	Office of Minority Health and
	Minority Health Council	      190,000

09.	Administrative & Indirect Cost	317,160

TOTAL PREVENTIVE HEALTH BLOCK GRANT	$   5,096,081

(d)	Decreases in Federal Fund Availability
For JTPA and Community Development Block Grants: If federal funds are reduced below the amounts specified above after the effective date of this act, then every program in each of these federal block grants shall be reduced by the same percentage as the reduction in federal funds.
For the Maternal and Child Health Services and Preventive Health Services federal block grants: If federal funds are reduced less than 10% below the amounts specified above after the effective date of this act, then every program in the Maternal and Child Health Services and in the Preventive Health Services block grants shall be reduced by the same percentage as the reduction in federal funds. If federal funds are reduced by 10% or more below the amounts specified above after the effective date of this act, then for the Maternal and Child Health Services and the Preventive Health Services block grants the Department of Environment, Health, and Natural Resources shall allocate the decrease in funds after considering the effectiveness of the current level of services.
(e)  Increases in Federal Fund Availability
Any block grant funds appropriated by the Congress of the United States in addition to the funds specified in this act shall be expended as follows:
(1)	For the Community Development Block Grant – each program category under the Community Development Block Grant shall be increased by the same percentage as the increase in federal funds.
(2)	For the Maternal and Child Health Services Block Grant – if federal funds are increased by 10% or more, then the Department shall allocate the increase in funds after considering the effectiveness of the current level of services and the effectiveness of services to be funded by the increase.  If federal funds are increased by less than 10%, then thirty percent (30%) of these additional funds shall be allocated to services for children with special health care needs and seventy percent (70%) shall be allocated to local health departments to assist in the reduction of infant mortality.
(3)	For the Preventive Health Block Grants – if federal funds are increased by 10% or more, then the Department shall allocate the increase in funds after considering the effectiveness of the current level of services and the effectiveness of services to be funded by the increase.  If federal funds are increased by less than 10%, then these additional funds may be budgeted by the appropriate department, with the approval of the Office of State Budget and Management, provided the resultant increases are in accordance with federal block grant requirements and are within the scope of the block grant plan approved by the General Assembly.
(f)  Changes to budgeted allocations to the Maternal and Child Health Services and the Preventive Health Services block grants due to increases or decreases in federal funds shall be reported to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division within 30 days of the allocation.  All other increases shall be reported to the Joint Legislative Commission on Governmental Operations and to the Director of the Fiscal Research Division.
(g)  Education Setaside of JTPA Funds
The Department of Commerce shall certify to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office when Job Training Partnership Act funds have been distributed to each agency, the total amount distributed to each agency, and the total amount of eight percent (8%) Education Setaside funds received.
(h)  Limitations on Community Development Block Grant Funds
Of the funds appropriated in this section for the Community Development Block Grant, the following shall be allocated in each category for each program year: up to one million thirty-seven thousand seven hundred forty dollars ($1,037,740) may be used for State administration; up to two million two hundred sixty-nine thousand three hundred fifty dollars ($2,269,350) may be used for Urgent Needs and Contingency; up to three million dollars ($3,000,000) may be used for Community Empowerment; up to nine million seventy-seven thousand four hundred dollars ($9,077,400) may be used for Economic Development; not less than twenty-nine million seven hundred forty thousand two hundred fifty dollars ($29,740,250) shall be used for Community Revitalization; up to four hundred sixty-two thousand two hundred sixty dollars ($462,260) may be used for State Technical Assistance; up to one million dollars ($1,000,000) may be used for Micro-Enterprise; and up to three hundred thousand dollars ($300,000) may be used for Infrastructure Survey/Planning.  If federal block grant funds are reduced or increased by the Congress of the United States after the effective date of this act, then these reductions or increases shall be allocated in accordance with subsection (d) or (e) of this section, as applicable.

SALARIES/GOVERNMENT EMPLOYEES
Sec. 2. (a) The salary schedules and specific salaries established by or under Sections 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.9(a), 7.9(b), 7.10, 7.11, 7.12, 7.13, 19.6, or 19.7 of Chapter 769 of the 1993 Session Laws shall remain until July 14, 1995, at the level set by or under those sections as of June 30, 1995.
(b) No person may receive a salary increase under G.S. 7A-102(c), 126-7 or 20-187.3(a) prior to July 14, 1995.  No State employee or officer may prior to July 14, 1995, receive a merit increase or annual increment.  No employee or officer subject to the teacher salary schedule or the school-based administrator salary schedule shall receive an increment until July 14, 1995.

CONTINUE MEDIATED SETTLEMENT PILOT
Sec. 3.  (a)	G.S. 7A-38(o) reads as rewritten:
	"(o)  Report on pilot program. The Administrative Office of the Courts shall file a written report with the General Assembly on the evaluation of the pilot program on or before May 1, 1995.  The pilot program shall terminate on July 14, 1995."
(b)	Notwithstanding the provisions of G.S. 7A-38(n), the Administrative Office of the Courts may use funds available to the Judicial Department from July 1, 1995, to July 14, 1995, for the purpose of operating the pilot program.

EXTEND MULTI-PRIME CONTRACTING PROVISION
Sec. 4.  Section 4 of Chapter 480 of the 1993 Session Laws reads as rewritten:
"Sec. 4.  This act is effective upon ratification and shall expire on July 14, 1995."

EXTEND THE SUNSET OF THE STATUTE PERMITTING PRIVATE CONTRACT PARTICIPATION BY THE DEPARTMENT OF TRANSPORTATION
Sec. 5.  Section 2 of Chapter 860 of the 1987 Session Laws, as amended by Section 1 of Chapter 749 of the 1989 Session Laws, Section 1 of Chapter 272 of the 1991 Session Laws, and Section 2 of Chapter 183 of the 1993 Session Laws, reads as rewritten:
"Sec. 2.  This act is effective upon ratification and shall expire July 14, 1995."

EXTEND PUBLIC HEALTH STUDY COMMISSION
Sec. 6.  Section 8.1 of Chapter 771 of the 1993 Session Laws reads as rewritten:
"Sec. 8.1.  This act is effective upon ratification.  Part II of this act is repealed on July 14, 1995."

EXTEND BEAVER DAMAGE CONTROL
Sec. 7.  (b)	Subsection (h) of Section 69 of Chapter 1044 of the 1991 Session Laws, as amended by Section 111 of Chapter 561 of the 1993 Session Laws and by Section 27.3 of Chapter 769 of the 1993 Session Laws, reads as rewritten:
"(h)	Subsections (a) through (d) of this section expire July 14, 1995."

EXTEND THE SUNSET FOR THE MEDIATION PROGRAM FOR THE INDUSTRIAL COMMISSION
Sec. 8. (a)	Section 5 of Chapter 399 of the 1993 Session Laws reads as rewritten:
"Sec. 5.  Section 3 of this act is effective upon ratification.  Sections 1, 2, and 4 of this act become effective October 1, 1993, only if the General Assembly appropriates funds to implement the purpose of these sections, expire July 14, 1995, and apply to claims pending on or filed after the effective date."
(b)	Section 5.4 of Chapter 679 of the 1993 Session Laws reads as rewritten:
"Sec. 5.4.  Subsection (c)	of G.S. 97-80 shall expire July 14, 1995, in accordance with the provisions of Chapter 399 of the 1993 Session Laws, unless the General Assembly amends Chapter 399 of the 1993 Session Laws to provide otherwise."

EMERGENCY MANAGEMENT FUNDS SHALL NOT REVERT
Sec. 8.1.  (a)	The balance of any recurring or nonrecurring funds appropriated to the Department of Crime Control and Public Safety, Division of Emergency Management, for the 1993-94 fiscal year and for the 1994-95 fiscal year for the establishment of six Hazardous Materials Emergency Response Teams shall not revert but shall remain in the Department to be used for the purchase of equipment, personnel training needs, and other program operating costs.
(b)	This section becomes effective June 30, 1995.
Sec. 9. This act is effective upon ratification, but Sections 2 through 8 expire July 14, 1995.