S.L. 1995-358

1995 SESSION

CHAPTER 358

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.

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 ~~June 30,~~ 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 1989 Session Laws reads as rewritten:

"Sec. 4. This act is effective upon ratification and shall expire on ~~June 30,~~ 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 ~~June 30,~~ 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 ~~June 30,~~ 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 ~~June 30,~~ 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 ~~June 30,~~ 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 ~~June 30,~~ 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.

In the General Assembly read three times and ratified this the 29th day of June, 1995.

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Dennis A. Wicker

President of the Senate

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Harold J. Brubaker

Speaker of the House of Representatives