GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SENATE BILL 622
RATIFIED BILL
The General Assembly of North Carolina enacts:
PART i. INtroduction and title of act
SECTION 1.1. The appropriations made in this act are for maximum amounts necessary to provide the services and accomplish the purposes described in the budget in accordance with the Executive Budget Act. Savings shall be effected where the total amounts appropriated are not required to perform these services and accomplish these purposes and the savings shall revert to the appropriate fund at the end of each fiscal year, except as otherwise provided by law.
SECTION 1.2. This act shall be known as the "Current Operations and Capital Improvements Appropriations Act of 2005."
PART iI. current operations and expansion/general fund
CURRENT OPERATIONS AND EXPANSION/GENERAL FUND
Current Operations – General Fund 2005‑2006 2006‑2007
EDUCATION
Community Colleges System Office $ 787,685,943 $ 767,295,886
Department of Public Instruction 6,607,998,945 6,579,807,097
University of North Carolina ‑ Board of Governors
Appalachian State University 97,708,514 98,114,232
East Carolina University
Academic Affairs 165,132,181 168,098,010
Health Affairs 45,624,110 45,671,394
Elizabeth City State University 28,376,210 28,173,367
Fayetteville State University 42,540,261 42,778,425
North Carolina Agricultural and
Technical State University 76,497,695 76,533,207
North Carolina Central University 59,223,437 58,883,106
North Carolina School of the Arts 21,173,905 20,698,614
North Carolina State University
Academic Affairs 299,773,341 304,775,818
Agricultural Extension 36,389,142 35,668,328
Agricultural Research 45,200,460 45,281,347
University of North Carolina at Asheville 29,211,816 29,705,695
University of North Carolina at Chapel Hill
Academic Affairs 212,164,735 220,475,219
Health Affairs 162,938,570 164,709,561
Area Health Education Centers 44,743,422 44,743,422
University of North Carolina at Charlotte 125,613,588 132,319,883
University of North Carolina at Greensboro 112,318,841 113,459,797
University of North Carolina at Pembroke 41,277,854 41,754,482
University of North Carolina at Wilmington 74,161,294 76,371,666
Western Carolina University 71,404,729 71,990,778
Winston‑Salem State University 48,726,028 48,658,641
General Administration 48,804,831 48,890,151
University Institutional Programs 24,610,415 28,278,415
Related Educational Programs 112,937,512 114,905,552
North Carolina School of Science and
Mathematics 14,555,420 14,513,392
UNC Hospitals at Chapel Hill 44,944,579 43,944,579
Total University of North Carolina –
Board of Governors $ 2,086,052,890 $ 2,119,397,081
HEALTH AND HUMAN SERVICES
Department of Health and Human Services
Office of the Secretary $ 113,855,919 $ 118,880,919
Division of Aging 29,975,639 29,495,139
Division of Blind Services/Deaf/HH 9,676,797 9,681,220
Division of Child Development 268,350,017 267,356,799
Division of Education Services 33,852,267 34,281,895
Division of Facility Services 13,608,838 15,959,466
Division of Medical Assistance 2,509,772,054 2,751,209,159
Division of Mental Health 603,315,155 602,556,655
NC Health Choice 68,169,765 51,882,902
Division of Public Health 152,391,232 150,814,496
Division of Social Services 188,512,693 190,679,285
Division of Vocational Rehabilitation Services 41,755,526 42,142,193
Total Health and Human Services $ 4,033,235,902 $ 4,264,940,128
NATURAL AND ECONOMIC RESOURCES
Department of Agriculture and Consumer Services $ 52,040,846 $ 51,032,884
Department of Commerce
Commerce 49,686,999 36,728,265
Commerce State‑Aid 26,512,085 11,722,085
NC Biotechnology Center 12,083,395 10,583,395
Rural Economic Development Center 25,277,607 25,052,607
Department of Environment and Natural Resources 177,197,119 167,451,089
Department of Labor 14,419,553 14,434,925
JUSTICE AND PUBLIC SAFETY
Department of Correction $ 1,029,924,421 $ 1,048,492,502
Department of Crime Control and Public Safety 34,793,934 35,153,488
Judicial Department 342,604,760 345,726,582
Judicial Department ‑ Indigent Defense 94,037,973 88,648,414
Department of Justice 77,322,567 78,697,271
Department of Juvenile Justice and
Delinquency Prevention 140,377,666 138,873,166
GENERAL GOVERNMENT
Department of Administration $ 62,039,261 $ 58,818,473
Office of Administrative Hearings 2,987,410 2,969,712
Department of State Auditor 10,850,737 10,840,918
Office of State Controller 10,043,268 10,044,511
Department of Cultural Resources
Cultural Resources 73,433,514 62,917,147
Roanoke Island Commission 1,783,374 1,783,374
State Board of Elections 5,107,543 5,069,307
General Assembly 42,934,588 46,965,432
Office of the Governor
Office of the Governor 5,324,590 5,344,528
Office of State Budget and Management 5,019,735 5,021,795
OSBM – Reserve for Special Appropriations 11,358,429 5,111,429
Housing Finance Agency 10,450,945 4,750,945
Department of Insurance
Insurance 28,220,714 28,110,582
Insurance – Volunteer Safety Workers'
Compensation 2,000,000 4,500,000
Office of Lieutenant Governor 754,737 753,037
Department of Revenue 81,447,475 80,630,250
Department of Secretary of State 8,934,063 9,269,633
Department of State Treasurer
State Treasurer 8,690,595 8,295,843
State Treasurer – Retirement for Fire
and Rescue Squad Workers 8,651,457 8,651,457
TRANSPORTATION
Department of Transportation $ 200,000 $ 0
RESERVES, ADJUSTMENTS AND DEBT SERVICE
Reserve for Compensation Increases $ 243,181,327 $ 235,185,705
Salary Adjustment Fund: 2005‑2007 Biennium 4,500,000 4,500,000
Salary Adjustment Fund: 2004‑2005 Fiscal Year 4,500,000 4,500,000
Reserve for Teachers' and State Employees'
Retirement Contribution 13,810,800 13,810,800
Reserve for Retirement System Payback 25,000,000 0
Reserve for Death Benefit Trust 12,899,200 12,899,200
Reserve for Disability Income Plan 6,586,500 6,586,500
Reserve for State Health Plan 108,648,000 142,728,000
Contingency and Emergency Fund 5,000,000 5,000,000
Reserve for Information Technology
Rate Adjustments (2,300,000) (2,300,000)
Information Technology Fund 24,375,000 8,025,000
MH/DD/SAS Trust Fund 10,000,000 0
Health and Wellness Trust Fund 10,000,000 0
Reserve for Job Development
Investment Grants (JDIG) 9,000,000 12,400,000
Reserve for Increased Fuel Costs 3,000,000 0
Reserve for Contingent Appropriations 85,000,000 85,000,000
Debt Service
General Debt Service 489,544,211 619,291,140
Federal Reimbursement 1,616,380 1,616,380
TOTAL CURRENT OPERATIONS –
GENERAL FUND $ 17,025,846,458 $ 17,293,127,963
GENERAL FUND AVAILABILITY STATEMENT
SECTION 2.2.(a) The General Fund availability used in developing the 2005‑2007 biennial budget is shown below:
FY 2005‑2006 FY 2006‑2007
Unappropriated Balance Remaining
from Previous Year $ 0 $ 117,227,875
Projected Over Collections FY 2004‑2005 681,500,000 0
Projected Reversions FY 2004‑2005 115,000,000 0
Less Earmarkings of Year End Credit Balance 0
Savings Reserve Account (199,125,000) 0
Repairs and Renovations (125,000,000) 0
Beginning Unreserved Credit Balance $ 472,375,000 $ 114,345,875
Revenues Based on Existing Tax Structure $ 15,417,300,000 $ 16,993,257,284
Nontax Revenues
Investment Income 74,800,000 78,700,000
Judicial Fees 144,800,000 148,300,000
Disproportionate Share 100,000,000 100,000,000
Insurance 49,500,000 51,300,000
Other Nontax Revenues 138,000,000 151,300,000
Highway Trust Fund/Use Tax
Reimbursement Transfer 252,558,117 252,663,009
Highway Fund Transfer 16,166,400 16,166,400
Subtotal Nontax Revenues $ 775,824,517 $ 798,429,409
Total General Fund Availability $ 16,665,499,517 $ 16,990,375,284
Adjustments to Availability: 2005 Session
Streamlined Sales Tax Changes 40,000,000 61,700,000
Maintain 4.5% Sales Tax Rate 417,100,000 462,700,000
Other Sales Tax Changes
Apply Sales Tax to Candy 9,800,000 15,800,000
Apply General Sales Tax Rate to Cable 10,900,000 26,100,000
Exempt Potting Soil for Farmers (200,000) (300,000)
Tobacco Tax Rate Changes 118,800,000 189,400,000
Extend 8.25% Individual Income
Tax Rate for 2 years 39,800,000 89,700,000
Continue Use Tax Line on Individual Returns 3,200,000 3,200,000
Conform Estate Tax to Federal Sunset 29,100,000 115,600,000
Film Industry Jobs Incentives (3,500,000) (3,500,000)
IRC Update – Partial Conformance (8,000,000) (10,700,000)
Adjust Rates for Health Maintenance
Organizations 0 14,300,000
Increase Earmarking for
NC Grape Growers Council (150,000) (150,000)
Proceeds from the Sale of the Polk Building 4,977,781 0
Justice and Public Safety Fees 17,028,271 20,428,271
Transfer from Tobacco Trust Fund 34,000,000 30,000,000
Transfers from Special Revenue and Other Funds 5,453,950 0
Reimburse Debt Service for
Certain Capital Facilities and
Land Acquisition per S.L. 2004‑179 5,958,723 21,060,827
Transfer to Civil Penalty and Forfeiture Fund (80,000,000) (85,000,000)
Suspend Highway Fund Transfer (16,166,400) (16,166,400)
Adjust Transfer from Insurance Regulatory Fund 389,013 243,813
Adjust Transfer from Treasurer's Office 468,478 67,478
Subtotal Adjustments to Availability:
2005 Session $ 628,959,816 $ 934,483,989
Revised General Fund Availability $ 17,294,459,333 $ 17,927,741,273
Less: General Fund Appropriations
SB 622 (2005 Appropriations Act) (17,077,231,458) (17,293,127,963)
G.S. 143‑15.3B: Clean Water
Management Trust Fund (100,000,000) (100,000,000)
Total General Fund Appropriations
2005‑2007 Biennium ($17,177,231,458) ($17,393,127,963)
Unappropriated Balance Remaining $ 117,227,875 $ 534,613,310
SECTION 2.2.(b) Notwithstanding G.S. 143‑16.4(a2), of the funds credited to the Tobacco Trust Account from the Master Settlement Agreement pursuant to Section 6(2) of S.L. 1999‑2 during the 2005‑2007 fiscal biennium, the sum of thirty‑four million dollars ($34,000,000) for the 2005‑2006 fiscal year and the sum of thirty million dollars ($30,000,000) for the 2006‑2007 fiscal year shall be transferred from the Department of Agriculture and Consumer Services, Budget Code 23703 (Tobacco Trust Fund) to the State Controller to be deposited in Nontax Budget Code 19978 (Intrastate Transfers) to support General Fund appropriations for the 2005‑2006 and 2006‑2007 fiscal years.
SECTION 2.2.(c) G.S. 143‑15.3 is amended by adding a new subsection to read:
"(a2) The transfer of funds to the Savings Reserve Account in accordance with this section or any other provision of law is not an "appropriation made by law", as that phrase is used in Article V, Section 7(1) of the North Carolina Constitution."
This subsection becomes effective June 30, 2005.
SECTION 2.2.(e) When the Highway Trust Fund was created in 1989, the revenue from the sales tax on motor vehicles was transferred from the General Fund to the Highway Trust Fund. To offset this loss of revenue from the General Fund, the Highway Trust Fund was required to transfer one hundred seventy million dollars ($170,000,000) to the General Fund each year, an amount equal to the revenue in 1989 from the sales tax on motor vehicles. This transfer did not, however, make the General Fund whole after the transfer of the sales tax revenue because no provision has been made to adjust the amount for the increased volume of transactions and increased vehicle prices. The additional eighty million dollars ($80,000,000) transferred from the Highway Trust Fund to the General Fund by this act is an effort to recover a portion of the sales tax revenues that would have gone to the General Fund over the last 16 years.
SECTION 2.2.(f) Notwithstanding G.S. 105‑187.9(b)(1), the sum to be transferred under that subdivision for the 2005‑2006 fiscal year and for the 2006‑2007 fiscal year is two hundred fifty million dollars ($250,000,000).
SECTION 2.2.(g) Section 2.2(g) of S.L. 2002‑126 is repealed.
SECTION 2.2.(h) Notwithstanding any other provision of law to the contrary, effective July 1, 2005, cash balances remaining in special funds on June 30, 2005, shall be transferred to the State Controller to be deposited in Nontax Budget Code 19978 (Intrastate Transfers) according to the schedule that follows. These funds shall be used to support General Fund appropriations for the 2005‑2006 fiscal year.
Fund Amount Transferred
Department of Environment and Natural Resources
Budget Code 24300, Fund Code 2338 (DAQ‑Inspections
and Maintenance – Air Pollution) $ 300,000
Budget Code 24300, Fund Code 2106 (DEH – Sleep Products) 200,000
Budget Code 24300, Fund Code 2735 (DLR – Sedimentation Fees) 200,000
Budget Code 24300, Fund Code 2130 (DWQ – Well Construction Fund) 100,000
Budget Code 24300, Fund Code 2335 (DWQ – Lab Certification Fees) 100,000
Budget Code 24300, Fund Code 2341 (DWQ – Water Permits) 500,000
Budget Code 64306, Fund Code 6341 (DWQ – WW Treatment
Maintenance and Repair) 100,000
Budget Code 24304, Fund Code 2982 (DWQ – Riparian Buffer
Restoration) 2,000,000
Department of Corrections
Budget Code 24502, (Inmate Canteen/Welfare Fund) 440,000
Judicial Department
Budget Code 22005, Fund Code 2263 (Worthless Check Fund) 100,000
Department of Administration
Budget Code 24160, Fund Code 2000 (NC Flex) 913,950
SECTION 2.2.(i) The transfer of cash from Department of Correction, Budget Code 74500, Fund Code 7100 (Prison Enterprises) to Nontax Budget Code 19978 (Intrastate Transfers) shall be increased by five hundred thousand dollars ($500,000), effective July 1, 2005, for the 2005‑2006 fiscal year.
SECTION 2.2.(j) The Governor shall analyze the current State public school teacher salary schedule, trends in salaries, and the current disparity between North Carolina teacher pay and the national average to determine how teacher pay affects the State's ability to recruit and retain highly qualified public school teachers to improve educational opportunity and outcomes for children across North Carolina. The Governor may, after consultation with the Speaker of the House and the President Pro Tempore of the Senate, devise and execute prior to July 1, 2006, a plan to reduce the disparity and may use funds available from the Reserve for Contingent Appropriations to begin to execute such a plan.
PART iII. current operations and expansion/highway fund
CURRENT OPERATIONS AND EXPANSION/HIGHWAY FUND
SECTION 3.1. Appropriations from the State Highway Fund for the maintenance and operation of the Department of Transportation and for other purposes as enumerated are made for the biennium ending June 30, 2007, according to the following schedule:
Current Operations – Highway Fund 2005‑2006 2006‑2007
Department of Transportation
Administration $ 93,888,317 $ 95,100,980
Division of Highways
Administration 30,621,612 30,632,164
Construction 167,010,000 139,750,000
Maintenance 804,714,539 714,793,288
Planning and Research 4,280,000 4,280,000
OSHA Program 425,000 425,000
Ferry Operations 21,264,811 21,264,811
State Aid
Municipalities 91,910,000 92,650,000
Public Transportation 66,466,447 89,866,447
Railroads 17,308,153 17,101,153
Governor's Highway Safety 293,118 293,118
Division of Motor Vehicles 96,047,914 95,468,137
Other State Agencies 222,948,237 214,860,979
Reserves and Transfers 20,831,852 22,422,852
TOTAL $1,638,010,000 $1,538,908,929
HIGHWAY FUND AVAILABILITY STATEMENT
SECTION 3.2. The Highway Fund availability used in developing the 2005‑2007 biennial budget is shown below:
Highway Fund Availability Statement 2005‑2006 2006‑2007
Beginning Credit Balance $ 10,490,000 –
Estimated Revenue 1,627,520,000 1,697,940,000 Estimated Reversions – –
Total Highway Fund Availability $ 1,638,010,000 $ 1,697,940,000
PART iv. highway trust fund appropriations
HIGHWAY TRUST FUND APPROPRIATIONS
SECTION 4.1. Appropriations from the State Highway Trust Fund for the maintenance and operation of the Department of Transportation and for other purposes as enumerated are made for the biennium ending June 30, 2007, according to the following schedule:
Current Operations – Highway Trust Fund 2005‑2006 2006‑2007
Intrastate System 472,112,366 496,924,658
Urban Loops 190,902,579 200,935,637
Aid to Municipalities 49,535,599 52,138,988
Secondary Roads 86,825,599 90,358,988
Program Administration 41,295,740 42,918,720
Transfer to General Fund 252,558,117 252,663,009
Grand Total Current Operations
and Expansion $1,093,230,000 $1,135,940,000
PART V. BLOCK GRANTS
SECTION 5.1.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2006, according to the following schedule:
COMMUNITY SERVICES BLOCK GRANT
01. Community Action Agencies $ 15,071,666
02. Limited Purpose Agencies 837,315
03. Department of Health and Human Services
to administer and monitor
the activities of the
Community Services Block Grant 837,315
TOTAL COMMUNITY SERVICES BLOCK GRANT $ 16,746,296
SOCIAL SERVICES BLOCK GRANT
01. County departments of social services $ 28,868,189
(Transfer from TANF – $4,500,000)
02. Allocation for in‑home services provided
by county departments of
social services 2,101,113
03. Adult day care services 2,155,301
04. Child Protective Services/CPS Investigative
Services/Child Medical Evaluation Program 238,321
05. Foster Care Services – CCIs 1,706,063
06. Division of Aging and Adult Services – Home and Community
Care Block Grant 1,834,077
07. UNC‑CH CARES Program for training and
consultation services 247,920
08. Mental Health Services Program 422,003
09. Division of Mental Health, Developmental Disabilities, and
Substance Abuse Services – Developmentally Disabled
Services Program 5,000,000
10. Division of Mental Health, Developmental Disabilities,
and Substance Abuse Services 3,234,601
11. Division of Services for the Blind – Independent
Living Program 3,182,987
12. Division of Vocational Rehabilitation Services –
Easter Seals Society/UCP 188,263
13. Office of the Secretary – Office of Economic
Opportunity for N.C. Senior Citizens'
Federation for outreach services to
low‑income elderly persons 41,302
14. Child Care Subsidies 3,150,000
15. Division of Facility Services –
Adult Care Licensure Program 411,897
16. Division of Facility Services –
Mental Health Licensure 205,668
17. State administration 1,706,017
18. Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services –
Administration 18,098
19. Division of Facility Services 37,204
20. Office of the Secretary – NC Interagency Council
for Coordinating Homeless Programs 250,000
21. Department of Administration
for the N.C. State Commission of Indian Affairs
In‑Home Services Program for the Elderly 203,198
22. Transfer to Preventative Health Services Block
Grant for HIV/AIDS education, counseling, and
testing 145,819
TOTAL SOCIAL SERVICES BLOCK GRANT $ 55,348,041
LOW‑INCOME ENERGY BLOCK GRANT
01. Energy Assistance Programs $ 13,208,740
02. Crisis Intervention 9,592,387
03. Administration 3,186,258
County DSS $1,930,734
Division of Social Services $ 300,000
Division of Mental Health, Developmental
Disabilities, and Substance Abuse
Services $ 7,146
Local Residential Energy Efficiency
Service Providers $ 353,820
Office of the Secretary $ 594,558
04. Weatherization Program 4,343,072
05. Department of Administration –
N.C. State Commission of Indian Affairs 54,840
06. Heating Air Repair and Replacement Program 2,025,687
TOTAL LOW‑INCOME ENERGY BLOCK GRANT $ 32,410,984
MENTAL HEALTH SERVICES BLOCK GRANT
01. Provision of community‑based
services for severe and persistently
mentally ill adults $ 6,983,202
02. Provision of community‑based
services to children 3,921,991
03. Comprehensive Treatment Services
Program for Children 1,500,000
04. Administration 568,911
TOTAL MENTAL HEALTH SERVICES BLOCK GRANT $ 12,974,104
SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT
01. Provision of community‑based
alcohol and drug abuse services,
tuberculosis services, and services
provided by the Alcohol and Drug Abuse
Treatment Centers $ 20,441,082
02. Continuation of services for
pregnant women and women
with dependent children 8,069,524
03. Continuation of services to
IV drug abusers and others at risk
for HIV diseases 4,816,378
04. Child Substance Abuse Prevention 5,835,701
05. Provision of services to children
and adolescents 4,940,500
06. Juvenile Services – Family Focus 851,156
07. Allocation to the Division of Public Health
for HIV/STD Risk Reduction Projects 383,980
08. Allocation to the Division of Public Health
for HIV/STD Prevention by County Health
Departments 209,576
09. Allocation to the Division of Public Health
for the Maternal and Child Health Hotline 37,779
10. Administration 2,596,307
TOTAL SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT $ 48,181,983
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
01. Child care subsidies $161,058,393
02. Quality and availability initiatives 33,059,644
03. Administrative expenses 7,163,654
04. Transfer from TANF Block Grant for
child care subsidies 81,292,880
TOTAL CHILD CARE AND DEVELOPMENT FUND
BLOCK GRANT $282,574,571
TEMPORARY ASSISTANCE TO NEEDY FAMILIES
(TANF) BLOCK GRANT
01. Work First Cash Assistance $114,625,680
02. Work First County Block Grants 94,653,315
03. Child Welfare Workers for local DSS 12,452,391
04. Support Our Students – Department of
Juvenile Justice and Delinquency
Prevention 2,749,642
05. Family Violence Prevention 1,200,000
06. Work First – After‑School Services for
At‑Risk Children
YWCA Central Carolinas
Youth Development Programs $176,000 2,249,642
07. Division of Social Services –
Administration 356,291
08. Office of the Secretary –
Administration 60,249
09. Child Welfare Training 2,550,000
10. Boys and Girls Clubs 1,500,000
11. Work Central Career Advancement Center 550,000
12. Special Children's Adoption Fund 3,000,000
13. Maternity Homes 838,000
14. After‑School Programs for At‑Risk Youth in
Middle Schools 500,000
15. Pregnancy Prevention Initiatives 2,500,000
16. Subsidized Child Care for TANF Recipients 36,563,266
17. TANF Automation Projects 592,500
18. NC FAST Implementation 2,717,298
19. Transfer to the Child Care and
Development Fund Block Grant
for child care subsidies 81,292,880
20. Transfer to Social Services Block Grant for
County Departments of Social Services for
Children's Services 4,500,000
TOTAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES
(TANF) BLOCK GRANT $365,451,154
MATERNAL AND CHILD HEALTH BLOCK GRANT
01. Healthy Mothers/Healthy Children
Block Grants to Aid‑to‑County 9,359,236
02. Children's Health Services Aid‑to‑County 7,364,216
03. Healthy Beginnings Aid‑to‑County 404,559
04. Maternal Health Aid‑to‑County 397,761
05. Children's Health Services 2,836,028
06. Office of Women's Health and
Maternal Health Activities 114,063
07. State Center for Health Statistics 28,874
08. Local Technical Assistance & Training 46,866
09. Injury and Violence Prevention 149,438
10. Office of Minority Health 99,352
11. Special Supplemental Nutrition Program
for Women, Infants and Children (WIC) 25,713
12. Immunization Program – Vaccine Distribution 819,997
13. Administration 475,282
14. Adolescent Pregnancy Prevention Coalition of NC 85,710
Total of $150,000 grant‑in‑aid
TOTAL MATERNAL AND CHILD
HEALTH BLOCK GRANT $ 22,207,095
PREVENTIVE HEALTH SERVICES BLOCK GRANT
01. Statewide Health Promotion Programs $3,653,520
02. Rape Crisis/Victims' Services
Program – Council for Women 197,112
03. Transfer from Social Services
Block Grant – HIV/AIDS education,
counseling, and testing 145,819
04. Oral Health 134,251
05. Administration and Program Support 121,271
06. Osteoporosis Task Force Operating Costs 150,000
TOTAL PREVENTIVE HEALTH SERVICES BLOCK GRANT $4,401,973
GENERAL PROVISIONS
SECTION 5.1.(b) Information to Be Included in Block Grant Plans. – The Department of Health and Human Services shall submit a separate plan for each Block Grant received and administered by the Department, and each plan shall include the following:
(1) A delineation of the proposed allocations by program or activity, including State and federal match requirements.
(2) A delineation of the proposed State and local administrative expenditures.
(3) An identification of all new positions to be established through the Block Grant, including permanent, temporary, and time‑limited positions.
(4) A comparison of the proposed allocations by program or activity with two prior years' program and activity budgets and two prior years' actual program or activity expenditures.
(5) A projection of current year expenditures by program or activity.
(6) A projection of federal Block Grant funds available, including unspent federal funds from the current and prior fiscal years.
SECTION 5.1.(c) Changes in Federal Fund Availability. – If the Congress of the United States increases the federal fund availability for any of the Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall allocate the increase proportionally across the program and activity appropriations identified for that Block Grant in this section. In allocating an increase in federal fund availability, the Department shall not propose funding for new programs or activities not appropriated in this section or increase State administrative expenditures.
If the Congress of the United States decreases the federal fund availability for any of the Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall reduce State administration by at least the percentage of the reduction in federal funds. After determining the State administration, the remaining reductions shall be allocated proportionately across the program and activity appropriations identified for that Block Grant in this section. In allocating a decrease in federal fund availability, the Department shall not eliminate the funding for a program or activity appropriated in this section unless it is related to the State administration.
Prior to allocating the change in federal fund availability, the proposed allocation must be approved by the Office of State Budget and Management. If the Department adjusts the allocation of any Block Grant due to changes in federal fund availability, then a report shall be made to the Joint Legislative Commission on Governmental Operations, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division.
SECTION 5.1.(d) All changes to the budgeted allocations to the Block Grants administered by the Department of Health and Human Services that are not specifically addressed in this section shall be approved by the Office of State Budget and Management, and a report shall be submitted to the Joint Legislative Commission on Governmental Operations for review prior to implementing the changes. All changes to the budgeted allocations to the Block Grant shall be reported immediately to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division.
SECTION 5.1.(e) The Department of Health and Human Services shall develop a monitoring and oversight plan for all recipients, both public and private, and subrecipients of the federal Block Grant funding. The plan shall be modeled after the Department's performance contracting initiative and include the following:
(1) Performance standards for recipients.
(2) Financial audit standards for non‑State entities equivalent to the requirements in G.S. 143‑6.2 for non‑State entities receiving State funds.
(3) Means for collecting performance data from recipients.
(4) Any other information necessary for monitoring and overseeing the use of Block Grant funding.
The Department shall provide the plan to the Fiscal Research Division by January 1, 2006.
SECTION 5.1.(f) The Department of Health and Human Services shall report to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division on positions funded from federal Block Grants. The report shall include the following for each Block Grant:
(1) All State positions currently funded through the Block Grant, including permanent, temporary, and time‑limited positions.
(2) Budgeted salary and fringe benefits for each position.
(3) Identify the percentage of Block Grant funds used to fund each position.
The report shall be submitted no later than December 1, 2005.
SOCIAL SERVICES BLOCK GRANT
SECTION 5.1.(g) Social Services Block Grant funds appropriated to the North Carolina Inter‑Agency Council for Coordinating Homeless Programs are exempt from the provisions of 10A NCAC 71R.0201(3).
LOW‑INCOME HOME ENERGY ASSISTANCE PROGRAM
SECTION 5.1.(h) Additional emergency contingency funds received may be allocated for Energy Assistance Payments or Crisis Intervention Payments without prior consultation with the Joint Legislative Commission on Governmental Operations. Additional funds received shall be reported to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division upon notification of the award. The Department of Health and Human Services shall not allocate funds for any activities, including increasing administration, other than assistance payments, without prior consultation with the Joint Legislative Commission on Governmental Operations.
MENTAL HEALTH BLOCK GRANT
SECTION 5.1.(i) The sum of one million five hundred thousand dollars ($1,500,000) appropriated in this section in the Mental Health Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2005‑2006 fiscal year, and the sum of four hundred twenty‑two thousand three dollars ($422,003) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2005‑2006 fiscal year shall be used to continue a Comprehensive Treatment Services Program for Children in accordance with Section 10.25 of this act.
SECTION 5.1.(j) The Department of Health and Human Services shall contract with the University of North Carolina at Chapel Hill for the purpose of providing psychology student stipends in the amount of fifty thousand dollars ($50,000) for the 2005‑2006 fiscal year. Twenty‑five thousand dollars ($25,000) of this contract shall be paid from the Mental Health Block Grant.
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
SECTION 5.1.(k) The sum of no more than four hundred thousand dollars ($400,000) appropriated in this section to the Department of Health and Human Services in the Child Care and Development Fund Block Grant may be used for the operations of the Medical Child Care Pilot.
SECTION 5.1.(l) Payment for subsidized child care services provided with federal TANF funds shall comply with all regulations and policies issued by the Division of Child Development and School Readiness for the subsidized child care program.
SECTION 5.1.(m) If funds appropriated through the Child Care and Development Fund 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 child care subsidies, unless otherwise prohibited by federal requirements of the grant, in order to use the federal funds fully.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT (TANF)
SECTION 5.1.(n) The sum of four hundred sixteen thousand five hundred forty dollars ($416,540) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2005‑2006 fiscal year shall be used to support administration of TANF‑funded programs.
SECTION 5.1.(o) The sum of two million seven hundred forty‑nine thousand six hundred forty‑two dollars ($2,749,642) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services and transferred to the Department of Juvenile Justice and Delinquency Prevention for the 2005‑2006 fiscal year shall be used to support the existing Support Our Students Program, including gang prevention, and to expand the Program statewide, focusing on low‑income communities in unserved areas. These funds shall not be used for administration of the Program.
SECTION 5.1.(p) The sum of one million two hundred thousand dollars ($1,200,000) appropriated under this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2005‑2006 fiscal year shall be used to provide domestic violence services to Work First recipients. These funds shall be used to provide domestic violence counseling, support, and other direct services to clients. These funds shall not be used to establish new domestic violence shelters or to facilitate lobbying efforts. The Division of Social Services may use up to seventy‑five thousand dollars ($75,000) in TANF funds to support one administrative position within the Division of Social Services to implement this subsection.
Each county department of social services and the local domestic violence shelter program serving the county shall jointly develop a plan for utilizing these funds. The plan shall include the services to be provided and the manner in which the services shall be delivered. The county plan shall be signed by the county social services director or the director's designee and the domestic violence program director or the director's designee and submitted to the Division of Social Services by December 1, 2005. The Division of Social Services, in consultation with the Council for Women, shall review the county plans and shall provide consultation and technical assistance to the departments of social services and local domestic violence shelter programs, if needed.
The Division of Social Services shall allocate these funds to county departments of social services according to the following formula: (i) each county shall receive a base allocation of five thousand dollars ($5,000); and (ii) each county shall receive an allocation of the remaining funds based on the county's proportion of the statewide total of the Work First caseload as of July 1, 2005, and the county's proportion of the statewide total of the individuals receiving domestic violence services from programs funded by the Council for Women as of July 1, 2005. The Division of Social Services may reallocate unspent funds to counties that submit a written request for additional funds.
The Department of Health and Human Services shall report on the uses of these funds no later than March 1, 2006, to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division.
SECTION 5.1.(q) The sum of two million two hundred forty‑nine thousand six hundred forty‑two dollars ($2,249,642) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used to expand after‑school programs and services for at‑risk children. The Department shall develop and implement a grant program to award grants to community‑based programs that demonstrate the ability to reach children at risk of teen pregnancy, school dropout, and gang participation. The Department shall award grants to community‑based organizations that demonstrate the ability to develop and implement linkages with local departments of social services, area mental health programs, schools, and other human services programs in order to provide support services and assistance to the child and family. These funds may be used to fund one position within the Division of Social Services to coordinate at‑risk after‑school programs and shall not be used for other State administration. The Department shall report no later than March 1, 2006, on its progress in complying with this section to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division.
SECTION 5.1.(r) The sum of twelve million four hundred fifty‑two thousand three hundred ninety‑one dollars ($12,452,391) appropriated in this section to the Department of Health and Human Services, Division of Social Services, in the TANF Block Grant for the 2005‑2006 fiscal year for child welfare improvements, shall be allocated to the county departments of social services for hiring or contracting staff to investigate and provide services in Child Protective Services cases; to provide foster care and support services; to recruit, train, license, and support prospective foster and adoptive families; and to provide interstate and postadoption services for eligible families.
SECTION 5.1.(s) The sum of two million five hundred fifty thousand dollars ($2,550,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for fiscal year 2005‑2006 shall be used to support various child welfare training projects as follows:
(1) Provide a regional training center in southeastern North Carolina.
(2) Support the Masters Degree in Social Work/Baccalaureate Degree in Social Work Collaborative.
(3) Provide training for residential child care facilities.
(4) Provide for various other child welfare training initiatives.
SECTION 5.1.(t) The sum of eight hundred thirty‑eight thousand dollars ($838,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services shall be used to purchase services at maternity homes throughout the State.
SECTION 5.1.(u) The sum of three million dollars ($3,000,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Special Children Adoption Fund, for the 2005‑2006 fiscal year shall be used in accordance with Section 10.48 of this act. The Division of Social Services, in consultation with the North Carolina Association of County Directors of Social Services and representatives of licensed private adoption agencies, shall develop guidelines for the awarding of funds to licensed public and private adoption agencies upon the adoption of children described in G.S. 108A‑50 and in foster care. Payments received from the Special Children Adoption Fund by participating agencies shall be used exclusively to enhance the adoption services program. No local match shall be required as a condition for receipt of these funds.