A BILL TO BE ENTITLED
AN ACT to amend the north carolina domestic violence center fund As recommended by the joint legislative Committee on domestic violence.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 50B‑9 reads as rewritten:
"§ 50B‑9.  Domestic Violence Center Fund.
(a)	The Domestic Violence Center Fund (Fund) is established as a nonreverting special fund within the State Treasury. The Fund shall be administered by the Department of Administration, North Carolina Council for Women, and shall be used to make quarterly grants to centers for victims of domestic violence and to The North Carolina Coalition Against Domestic Violence, Inc. Each grant recipient shall receive the same amount. This fund shall be administered in accordance with the provisions of the Executive Budget Act. 
(b)	For the purposes of this section, the term "center for victims of domestic violence" means an office location with a street address that is open to the public, that is operated by a nonprofit or local government entity, and which provides, at a minimum, the following services relating to domestic violence from that office location:
(1)	A hotline.
(2)	Transportation services.
(3)	Community education programs.
(4)	Daytime services.
(5)	Call forwarding during the night.
A center shall be eligible for an equal share of the Fund only if it has been continuously providing the services listed in subsection (b) of this section since the July 1st preceding the grant application period. 
(c)	An office location that does not provide all of the services described in subsection (b) of this section shall not be considered a center for victims of domestic violence and shall not be eligible for grant funds under this section. If there is more than one center in a county pursuant to subsection (f) of this section, then the centers in that county may share a hotline and each center shall retain its eligibility for an equal share of the Fund, so long as each center meets the other requirements of this section. 
(d)	A nonprofit or local government entity shall be eligible for only one equal share of the Fund for each eligible center that it operates, and one equal share shall also be provided to the North Carolina Coalition Against Domestic Violence, Inc. No additional or partial shares of the Fund, above the amount of one equal share, shall be distributed to a center for any reason. The Council may withhold any or all of a grant recipient's share if the grantee fails to comply with all grant requirements. A nonprofit or local government entity that operates more than one center may apply for and receive one equal share of the Fund for each center that is eligible under this section.
(e)	If a county does not have a center located within the county that meets the eligibility requirements in this section, the Board of County Commissioners of that county may apply for an equal share of the Fund. To be eligible for a grant, the Board's application must set forth how the grant funds will be utilized to provide to the county residents, at a minimum, the services described in subsection (b) of this section. Nothing in this subsection shall preclude a county from indicating, on its application, that it intends to contract with a third‑party provider, located within or outside county boundaries, to provide the services to county residents.
(f)	Based upon the 2010 census, the following limitations apply to the number of centers that shall be eligible for a share of the Fund:
(1)	In counties with less than 400,000 population, no more than one center shall be eligible for an equal share of the Fund. 
(2)	In counties with 400,000 to 800,000 population, no more than two centers shall be eligible, and each shall receive an equal share of the Fund.
(3)	In counties with more than 800,000 population, no more than three centers shall be eligible, and each shall receive an equal share of the Fund.
If the number of grant applications in a county exceeds the number of centers authorized under this section, then the length of time that a center that has been in existence, while providing the services required under this section, may be a factor in establishing its priority over other applicants. 
(g)	If a county has one center receiving an equal share of the Fund, and (i) a second or third center applies for an equal share of the Fund pursuant to subdivision (f)(2) or (f)(3) of this section and (ii) the North Carolina Council for Women has determined that the applicant otherwise meets the requirements under subsection (b) of this section, then the North Carolina Domestic Violence Commission (Commission) shall determine whether there is a need for additional domestic violence services in the community or county in which the center or centers applying grant funding are located. 
(1)	Pursuant to its responsibilities under G.S. 143B‑394.15(b), the Commission shall adopt guidelines for determining whether there is a need for additional domestic violence services in the community or county in which the applicant center is located. 
(2)	The Commission shall consider only the applications of centers which have not been designated by the Council for Women to receive an equal share of the Fund as the primary center in the county, and which would be eligible for an equal share of the Fund based upon population, pursuant to subdivision (f)(2) or (f)(3) of this section. 
(3)	Based upon the guidelines established by the Commission, the Commission shall determine which center or centers, if any, best meet the needs of the community or county in which the center is located. The center or centers designated by the Commission shall each receive an equal share of the Fund, as provided in subsection (f) of this section.
(4)	If the determination is made that there is insufficient need for additional domestic violence services above those being provided by another center or centers, then the Commission may determine that the applicant or applicants should not receive an equal share of the Fund. 
All determinations by the Commission under this subsection shall be made by majority vote. However, on any matter under this subsection, the following members of the Commission are disqualified and (i) shall not be included in determining whether a quorum is present and (ii) shall be excluded from voting:  any member of the House of Representatives or the Senate;  any member who is a representative of an organization that is either eligible for or receives State or federal funding for domestic violence or sexual assault services;  and any member who is an appointed or elected official of the community or county in which the center or centers applying for a grant is located.			"
SECTION 2.  This act is effective when it becomes law and shall apply to applications for grants from the Domestic Violence Center Fund for the 2012‑2013 fiscal year.