GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 866*
Appropriations/Base Budget Committee Substitute Adopted 6/27/12
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Short Title: Essential Adjustments to 2011 Budget. |
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Sponsors: |
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Referred to: |
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May 23, 2012
A BILL TO BE ENTITLED
AN ACT to make essential adjustments to the current Operations and Capital Improvements Appropriations Act of 2011.
The General Assembly of North Carolina enacts:
no transfers of funds to the repairs and renovations reserve account
SECTION 1.(a) Notwithstanding G.S. 143C-4-3, funds shall not be reserved to the Repairs and Renovations Reserve Account, and the State Controller shall not transfer funds from the unreserved credit balance to that account on June 30, 2012.
SECTION 1.(b) This section becomes effective June 30, 2012.
appropriation of dhhs federal block grant funds
SECTION 2.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2013, according to the following schedule:
TEMPORARY ASSISTANCE TO NEEDY FAMILIES
(TANF) FUNDS
Local Program Expenditures
Division of Social Services
01. Work First Family Assistance $ 60,285,413
02. Work First County Block Grants 83,386,330
03. Work First Electing Counties 2,378,213
04. Adoption Services - Special Children's Adoption Fund 2,026,877
05. Child Protective Services - Child Welfare
Workers for Local DSS 14,452,391
06. Child Welfare Collaborative 754,115
Division of Child Development
07. Subsidized Child Care Program 59,645,662
08. Swap Child Care Subsidy 6,352,644
Division of Public Health
09. Teen Pregnancy Initiatives 2,500,000
DHHS Administration
10. Division of Social Services 2,482,260
11. Office of the Secretary 34,042
Transfers to Other Block Grants
Division of Child Development
12. Transfer to the Child Care and Development Fund 71,773,001
13. Transfer to Social Services Block Grant for Child
Protective Services - Child Welfare Training in
Counties 1,300,000
14. Transfer to Social Services Block Grant for Child
Protective Services 5,040,000
15. Transfer to Social Services Block Grant for County
Departments of Social Services for Children's Services 4,148,001
TOTAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES
(TANF) FUNDS $ 316,558,949
TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF)
EMERGENCY CONTINGENCY FUNDS
Local Program Expenditures
Division of Social Services
01. Work First County Block Grants $ 11,066,985
TOTAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF)
EMERGENCY CONTINGENCY FUNDS $ 11,066,985
SOCIAL SERVICES BLOCK GRANT
Local Program Expenditures
Divisions of Social Services and Aging and Adult Services
01. County Departments of Social Services
(Transfer from TANF $4,148,001) $ 30,452,068
02. Child Protective Services (Transfer from TANF) 5,040,000
03. State In-Home Services Fund 2,101,113
04. Adult Protective Services 1,346,047
05. State Adult Day Care Fund 2,155,301
06. Child Protective Services/CPS Investigative Services-
Child Medical Evaluation Program (Carousel Center for
Abused Children $134,592) 744,047
07. Special Children Adoption Incentive Fund 500,000
08. Child Protective Services-Child Welfare Training
for Counties (Transfer from TANF) 1,300,000
09. Home and Community Care Block Grant (HCCBG) 1,834,077
10. Maternity Homes 925,085
11. Child Advocacy Centers 375,000
12. Work First - Boys and Girls Clubs 2,452,500
13. Food Banks 1,000,000
14. Child Care Subsidy 2,598,319
15. Guardianship 4,356,604
16. UNC Cares Contract 247,920
16A. Foster Care Services 1,497,138
Division of Public Health
16B. Tobacco Cessation 2,728,000
18. Prevent Blindness 150,000
Division of Vocational Rehabilitation
19. Vocational Rehabilitation Services - Easter Seal Society/UCP
Community Health Program 188,263
Division of Central Management and Support
19A. ALS Association Jim "Catfish" Hunter Chapter 400,000
DHHS Program Expenditures
Division of Services for the Blind
20. Independent Living Program 3,633,077
21. Accessible Electronic Information for Blind and Disabled Persons 75,000
Division of Health Service Regulation
22. Adult Care Licensure Program 411,897
23. Mental Health Licensure and Certification Program 205,668
DHHS Administration
24. Division of Aging and Adult Services 624,454
25. Division of Social Services 604,311
26. Office of the Secretary/Controller's Office 138,058
27. Division of Child Development 15,000
28. Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services 29,665
29. Division of Health Service Regulation 128,562
TOTAL SOCIAL SERVICES BLOCK GRANT $ 68,257,174
LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT
Local Program Expenditures
Division of Social Services
01. Low-Income Energy Assistance Program (LIEAP) $ 14,688,575
02. Crisis Intervention Program (CIP) 33,255,130
Local Administration
Division of Social Services
03. County DSS Administration 4,444,717
DHHS Administration
04. Office of the Secretary/DIRM 219,490
05. Office of the Secretary/Controller's Office 9,779
Transfers to Other State Agencies
Department of Commerce
06. Weatherization Program 8,464,517
07. Heating Air Repair and Replacement
Program (HARRP) 4,073,690
08. Local Residential Energy Efficiency Service
Providers - Weatherization 19,825
09. Local Residential Energy Efficiency Service
Providers - HARRP 180,041
10. Department of Commerce Administration -
Weatherization 19,825
11. Department of Commerce Administration -
HARRP 180,041
Department of Administration
12. N.C. Commission on Indian Affairs 87,736
TOTAL LOW-INCOME HOME ENERGY ASSISTANCE
BLOCK GRANT $ 65,643,366
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
Local Program Expenditures
Division of Child Development
01. Child Care Services
(Smart Start $7,000,000) $ 154,695,081
02. Electronic Tracking System 3,000,000
03. Transfer from TANF Block Grant
for Child Care Subsidies 71,773,001
04. Quality and Availability Initiatives
(TEACH Program $3,800,000) 26,484,816
DHHS Administration
Division of Child Development
05. DCDEE Administrative Expenses 6,000,000
06. Local Subsidized Child Care Services Support
(4% Administrative Allowance) 15,898,602
Division of Central Administration
07. DHHS Central Administration - DIRM
Technical Services 775,000
TOTAL CHILD CARE AND DEVELOPMENT FUND
BLOCK GRANT $ 278,626,500
MENTAL HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
01. Mental Health Services - Adult $ 8,870,595
02. Mental Health Services - Child 5,121,991
03. Administration 100,000
TOTAL MENTAL HEALTH SERVICES BLOCK GRANT $ 14,092,586
SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT
Local Program Expenditures
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
01. Substance Abuse Services - Adult $ 15,328,802
02. Substance Abuse Treatment Alternative for Women 6,050,300
03. Substance Abuse - HIV and IV Drug 3,919,723
04. Substance Abuse Prevention - Child 7,186,857
05. Substance Abuse Services - Child 4,940,500
06. Administration 454,000
Division of Public Health
07. Risk Reduction Projects 575,654
08. Aid-to-Counties 190,295
TOTAL SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT $ 38,646,131
MATERNAL AND CHILD HEALTH BLOCK GRANT
Local Program Expenditures
Division of Public Health
01. Children's Health Services $ 8,569,465
02. Women's Health
(March of Dimes $350,000; Teen Pregnancy
Prevention Initiatives $650,000; Perinatal
Quality Collaborative $250,000; 17P Project $47,000) 8,404,244
03. Oral Health 42,268
DHHS Program Expenditures
Division of Public Health
04. Children's Health Services 1,250,000
05. Women's Health 136,628
06. State Center for Health Statistics 164,318
07. Quality Improvement in Public Health 2,774
08. Health Promotion 89,374
DHHS Administration
Division of Public Health
09. Division of Public Health Administration 600,000
TOTAL MATERNAL AND CHILD
HEALTH BLOCK GRANT $ 19,259,071
PREVENTIVE HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
Division of Public Health
01. HIV/STD Prevention and Community Planning 180,470
DHHS Program Expenditures
Division of Public Health
02. State Center for Health Statistics 160,000
TOTAL PREVENTIVE HEALTH SERVICES BLOCK GRANT $ 340,470
COMMUNITY SERVICES BLOCK GRANT
Local Program Expenditures
Office of Economic Opportunity
01. Community Action Agencies $ 18,075,488
02. Limited Purpose Agencies 1,004,194
DHHS Administration
03. Office of Economic Opportunity 1,004,194
TOTAL COMMUNITY SERVICES BLOCK GRANT $ 20,083,876
SECTION 2.(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 2.(c) Changes in Federal Fund Availability. - If the Congress of the United States increases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing 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 Office of State Budget and Management shall not approve funding for new programs or activities not appropriated in this section.
If the Congress of the United States decreases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall develop a plan to adjust the block grants based on reduced federal funding.
Notwithstanding the provisions of this subsection, for the 2012-2013 fiscal year, increases in the federal fund availability for the Temporary Assistance to Needy Families (TANF) Block Grant shall be used for the North Carolina Child Care Subsidy program to pay for child care in four- or five-star rated facilities for four-year-old children.
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 2.(d) Appropriations from federal Block Grant funds are made for the fiscal year ending June 30, 2013, according to the schedule enacted for State fiscal year 2012-2013 or until a new schedule is enacted by the General Assembly.
SECTION 2.(e) All changes to the budgeted allocations to the Block Grants or contingency funds and other grants related to existing 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 the Office of State Budget and Management shall consult with the Joint Legislative Commission on Governmental Operations for review prior to implementing the changes. The report shall include an itemized listing of affected programs, including associated changes in budgeted allocations. All changes to the budgeted allocations to the Block Grants 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. This subsection does not apply to Block Grant changes caused by legislative salary increases and benefit adjustments.
SECTION 2.(f) If the Preventive Health Services Block Grant is funded at the federal level and the State receives a block grant for Preventive Health Services, the 2011-2012 allocation plan shall remain in effect for the 2012-2013 fiscal year.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDS
SECTION 2.(g) The sum of eighty-three million three hundred eighty-six thousand three hundred thirty dollars ($83,386,330) appropriated in this section in TANF funds to the Department of Health and Human Services, Division of Social Services, for the 2012-2013 fiscal year shall be used for Work First County Block Grants. The Division shall certify these funds in the appropriate State-level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds among the State-level services based on current year actual expenditures.
SECTION 2.(h) The sum of two million four hundred eighty-two thousand two hundred sixty dollars ($2,482,260) appropriated in this section in TANF funds to the Department of Health and Human Services, Division of Social Services, for the 2012-2013 fiscal year shall be used to support administration of TANF-funded programs.
SECTION 2.(i) The sum of fourteen million four hundred fifty-two thousand three hundred ninety-one dollars ($14,452,391) appropriated in this section to the Department of Health and Human Services, Division of Social Services, in TANF funds for the 2012-2013 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 post-adoption services for eligible families.
Counties shall maintain their level of expenditures in local funds for Child Protective Services' workers. Of the block grant funds appropriated for Child Protective Services' workers, the total expenditures from State and local funds for the 2012-2013 fiscal year shall not be less than the total expended from State and local funds for the 2011-2012 fiscal year.
SECTION 2.(j) The sum of two million twenty-six thousand eight hundred seventy-seven dollars ($2,026,877) appropriated in this section in TANF funds to the Department of Health and Human Services, Special Children Adoption Fund, for the 2012-2013 fiscal year shall be used in accordance with G.S. 108A-50.2, as enacted in Section 10.48 of S.L. 2009-451. 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.
SECTION 2.(k) The sum of seven hundred fifty-four thousand one hundred fifteen dollars ($754,115) appropriated in this section to the Department of Health and Human Services in TANF funds for the 2012-2013 fiscal year shall be used to continue support for the Child Welfare Collaborative.
SOCIAL SERVICES BLOCK GRANT
SECTION 2.(l) The sum of thirty million four hundred fifty-two thousand sixty-eight dollars ($30,452,068) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2012-2013 fiscal year shall be used for County Block Grants. The Division shall certify these funds in the appropriate State-level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds among the State-level services based on current year actual expenditures.
SECTION 2.(m) The sum of one million three hundred thousand dollars ($1,300,000) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2012-2013 fiscal year shall be used to support various child welfare training projects as follows:
(1) Provide a regional training center in southeastern North Carolina.
(2) Provide training for residential child caring facilities.
(3) Provide for various other child welfare training initiatives.
SECTION 2.(n) The Department of Health and Human Services is authorized, subject to the approval of the Office of State Budget and Management, to transfer Social Services Block Grant funding allocated for departmental administration between divisions that have received administrative allocations from the Social Services Block Grant.
SECTION 2.(o) Social Services Block Grant funds appropriated for the Special Children's Adoption Incentive Fund will require a fifty percent (50%) local match.
SECTION 2.(p) The sum of five million forty thousand dollars ($5,040,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year shall be allocated to the Department of Health and Human Services, Division of Social Services. The Division shall allocate these funds to local departments of social services to replace the loss of Child Protective Services State funds that are currently used by county government to pay for Child Protective Services staff at the local level. These funds shall be used to maintain the number of Child Protective Services workers throughout the State. These Social Services Block Grant funds shall be used to pay for salaries and related expenses only and are exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty-five percent (25%).
SECTION 2.(q) The sum of two million four hundred fifty-two thousand five hundred dollars ($2,452,500) appropriated in this section to the Department of Health and Human Services, Division of Social Services, in the Social Services Block Grant for Boys and Girls Clubs for the 2012-2013 fiscal year shall be used to make grants for approved programs. The Department of Health and Human Services, in accordance with federal regulations for the use of Social Services Block Grant funds, shall administer a grant program to award funds to the Boys and Girls Clubs across the State in order to implement programs that improve the motivation, performance, and self-esteem of youths and to implement other initiatives that would be expected to reduce gang participation, school dropout, and teen pregnancy rates. The Department shall facilitate collaboration between the Boys and Girls Clubs and Support Our Students, Communities in Schools, and similar programs and encourage them to submit joint applications for the funds if appropriate. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(r) The sum of nine hundred twenty-five thousand eighty-five dollars ($925,085) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be used for maternity homes. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(r1) The sum of two million seven hundred twenty-eight thousand dollars ($2,728,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be used for tobacco cessation. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(s) The sum of one hundred fifty thousand dollars ($150,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Public Health, shall be allocated to Prevent Blindness North Carolina to be used for direct service programs. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(s1) The sum of four hundred thousand dollars ($400,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Central Management and Support, shall be allocated to the ALS Association, Jim "Catfish" Hunter Chapter, to be used to provide patient care and community services to persons with ALS and their families. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(t) The sum of seventy-five thousand dollars ($75,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Services for the Blind, shall be used to provide accessible electronic information for blind and disabled persons. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(u) The sum of three hundred seventy-five thousand dollars ($375,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be used to continue support for the Child Advocacy Centers and are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(v) Social Services Block Grant funds allocated for the 2012-2013 fiscal year for child medical evaluations and the Carousel Center for Abused Children are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(w) The sum of one million dollars ($1,000,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be allocated to North Carolina Food Bank agencies to be used to purchase and distribute food staples for emergency food assistance. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 2.(w1) The sum of four million three hundred fifty-six thousand six hundred four dollars ($4,356,604) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Divisions of Social Services and Aging and Adult Services, shall be used for guardianship services pursuant to Chapter 35A of the General Statutes. The Department may expend funds appropriated in this section to support (i) existing corporate guardianship contracts during the 2012-2013 fiscal year and (ii) guardianship contracts transferred to the State from local management entities or managed care organizations during the 2012-2013 fiscal year.
LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT
SECTION 2.(x) 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.
SECTION 2.(y) The sum of fourteen million six hundred eighty-eight thousand five hundred seventy-five dollars ($14,688,575) appropriated in this section in the Low-Income Home Energy Assistance Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be used for energy assistance payments for the households of (i) elderly persons age 60 and above with income up to one hundred thirty percent (130%) of the federal poverty level and (ii) disabled persons eligible for services funded through the Division of Aging and Adult Services. County departments of social services shall submit to the Division of Social Services an outreach plan for targeting households with 60-year-old household members no later than August 1 of each year.
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
SECTION 2.(z) 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 for the subsidized child care program.
SECTION 2.(aa) 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.
MATERNAL AND CHILD HEALTH BLOCK GRANT
SECTION 2.(bb) If federal funds are received under the Maternal and Child Health Block Grant for abstinence education, pursuant to section 912 of Public Law 104-193 (42 U.S.C. § 710), for the 2012-2013 fiscal year, then those funds shall be transferred to the State Board of Education to be administered by the Department of Public Instruction. The Department of Public Instruction shall use the funds to establish an abstinence until marriage education program and shall delegate to one or more persons the responsibility of implementing the program and G.S. 115C-81(e1)(4) and (4a). The Department of Public Instruction shall carefully and strictly follow federal guidelines in implementing and administering the abstinence education grant funds.
SECTION 2.(cc) The Department of Health and Human Services shall ensure that there will be follow-up testing in the Newborn Screening Program.
appropriation of NER BLOCK GRANTS
SECTION 3. Section 14.1 of S.L. 2011-145 reads as rewritten:
"SECTION 14.1.(a) Appropriations from
federal block grant funds are made for the fiscal year ending June 30, 2012,June
30, 2013, according to the following schedule:
COMMUNITY DEVELOPMENT BLOCK GRANT
01. State Administration $ 1,000,000
02. State
Technical Assistance
450,000
03. Scattered Site
Housing
8,000,0007,200,000
04. Economic
Development
7,210,0007,000,000
05. Small
Business/Entrepreneurship
3,000,0002,500,000
06. NC
Catalyst
5,000,0004,500,000
07.
Infrastructure
19,740,00020,300,000
08. Capacity
Building
600,000
TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT - 20122013 Program
Year
$ 45,000,000 $42,500,000
"SECTION 14.1.(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 in each of these federal block grants shall be reduced by the same percentage as the reduction in federal funds.
"SECTION 14.1.(c) Increases in Federal Fund Availability for Community Development Block Grant. - Any block grant funds appropriated by the Congress of the United States in addition to the funds specified in this section shall be expended as follows: each program category under the Community Development Block Grant shall be increased by the same percentage as the increase in federal funds.
"SECTION 14.1.(d) 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 dollars ($1,000,000) may be
used for State Administration; up to four hundred fifty thousand dollars
($450,000) may be used for State Technical Assistance; up to eight
million dollars ($8,000,000)seven million two hundred thousand dollars
($7,200,000) may be used for Scattered Site Housing; up to seven million
two hundred ten thousand dollars ($7,210,000)seven million dollars
($7,000,000) may be used for Economic Development; up to three million
dollars ($3,000,000)two million five hundred thousand dollars
($2,500,000) may be used for Small Business/Entrepreneurship; up to five
million dollars ($5,000,000)four million five hundred thousand dollars
($4,500,000) shall be used for NC Catalyst; up to nineteen million seven
hundred forty thousand dollars ($19,740,000)twenty million three hundred
thousand dollars ($20,300,000) may be used for Infrastructure; up to six
hundred thousand dollars ($600,000) may be used for Capacity Building.Infrastructure.
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 (b) or (c) of this
section, as applicable.
"SECTION 14.1.(e) The Department of Commerce shall consult with the Joint Legislative Commission on Governmental Operations prior to reallocating Community Development Block Grant Funds. Notwithstanding the provisions of this subsection, whenever the Director of the Budget finds that:
(1) A reallocation is required because of an emergency that poses an imminent threat to public health or public safety, the Director of the Budget may authorize the reallocation without consulting the Commission. The Department of Commerce shall report to the Commission on the reallocation no later than 30 days after it was authorized and shall identify in the report the emergency, the type of action taken, and how it was related to the emergency.
(2) The State will lose federal block grant funds or receive less federal block grant funds in the next fiscal year unless a reallocation is made, the Department of Commerce shall provide a written report to the Commission on the proposed reallocation and shall identify the reason that failure to take action will result in the loss of federal funds. If the Commission does not hear the issue within 30 days of receipt of the report, the Department may take the action without consulting the Commission.
"SECTION 14.1.(f) By September 1, 2011,September
1, 2012, the Division of Community Assistance, Department of Commerce,
shall report to the Joint Legislative Commission on Governmental Operations and
the Fiscal Research Division on the use of Community Development Block Grant
Funds appropriated in the prior fiscal year. The report shall include the
following:
(1) A discussion of each of the categories of funding and how the categories were selected, including information on how a determination was made that there was a statewide need in each of the categories.
(2) Information on the number of applications that were received in each category and the total dollar amount requested in each category.
(3) A list of grantees, including the grantee's name, county, category under which the grant was funded, the amount awarded, and a narrative description of the project.
"SECTION 14.1.(g) For purposes of this section, eligible activities under the category of Infrastructure in subsection (a) of this section are limited to the installation of public water or sewer lines and improvements to water or sewer treatment plants that have specific problems such as being under moratoriums or special orders of consent. Notwithstanding the provisions of subsection (e) of this section, funds allocated to the Infrastructure category in subsection (a) of this section shall not be reallocated to any other category."
EDUCATION LOTTERY
SECTION 4.(a) Notwithstanding G.S. 18C-164, the revenue used to support appropriations made in this act is transferred from the State Lottery Fund in the amount of four hundred forty-one million three hundred fifty-nine thousand four hundred one dollars ($441,359,401) for the 2012-2013 fiscal year.
SECTION 4.(b) Notwithstanding G.S. 18C-164, the North Carolina State Lottery Commission shall not transfer funds to the Education Lottery Reserve Fund for the 2012-2013 fiscal year.
SECTION 4.(c) Section 5.4(f) of S.L. 2011-145 is repealed.
SECTION 4.(d) Notwithstanding G.S. 18C-164(f) or any other provision of law, excess lottery receipts realized in the 2011-2012 fiscal year in the amount of twenty-five million five hundred eighty-eight thousand three hundred seventy dollars ($25,588,370) shall be allocated for UNC Need-Based Financial Aid.
SECTION 4.(g) Notwithstanding G.S. 18C-164, the appropriations made from the Education Lottery Fund for the 2012-2013 fiscal year are as follows:
Teachers in Early Grades $ 220,643,188
Prekindergarten Program $ 63,135,709
Public School Building Capital Fund $ 100,000,000
Scholarships for Needy Students $ 30,450,000
UNC Need-Based Financial Aid $ 10,744,733
LEA Adjustment $ 16,385,771
Total Appropriation $ 441,359,401
SECTION 4.(h) Notwithstanding G.S. 18C-164(c), G.S. 115C-546.2(d), or any other provision of law, funds appropriated in this section to the Public School Building Capital Fund for the 2012-2013 fiscal year shall be allocated to counties on the basis of average daily membership (ADM).
SECTION 4.(i) Notwithstanding G.S. 18C-164(c), Article 35A of Chapter 115C of the General Statutes, or any other provision of law, the funds appropriated in this section for UNC Need-Based Financial Aid shall be administered in accordance with the policy adopted by the Board of Governors of The University of North Carolina.
appropriation of national mortgage settlement funds
SECTION 5.(a) The Consent Judgment in U.S. v. Bank of America, Civil Action No. 12-CV-0361, dated April 4, 2012, provides for monetary payments to the State and, therefore, the General Assembly authorizes the expenditure of these State revenues as set forth in subsection (b) of this section.
SECTION 5.(b) Settlement funds received by the State pursuant to the Consent Judgment in U.S. v. Bank of America, Civil Action No. 12-CV-0361, dated April 4, 2012, shall be deposited and credited in accordance with the North Carolina Constitution and Chapter 143C of the General Statutes and are appropriated for the 2012-2013 fiscal year as follows:
(1) The sum of four million seven hundred eighty thousand dollars ($4,780,000) to the Department of Justice, Consumer Protection Division, for financial fraud detection and prevention efforts.
(2) The sum of six million six hundred ninety thousand dollars ($6,690,000) to the Administrative Office of the Courts to be administered by the North Carolina Conference of District Attorneys. Funds shall be used for grants and training for prosecutorial offices to expand prosecution of lending and financial crimes.
(3) The sum of thirty million five hundred twenty thousand dollars ($30,520,000) to the Housing Finance Agency for housing counselors and other assistance to help distressed homeowners.
(4) The sum of five million seven hundred forty thousand dollars ($5,740,000) in civil penalties shall be deposited in the Civil Penalty and Forfeiture Fund.
(5) The sum of two million eight hundred seventy thousand dollars ($2,870,000) to the Department of Justice, State Bureau of Investigation, to expand its accounting and financial investigative ability and its expertise to investigate financial and lending crimes.
SECTION 5.(c) No State agency receiving money from the National Mortgage Settlement may make expenditures for purposes not authorized by the General Assembly, nor may a State agency spend an amount totaling more than that appropriated by the General Assembly; however, a State agency may use the funds to offset 2012-2013 fiscal year nonrecurring reductions. Any positions established by State agencies with funds appropriated pursuant to this section shall be temporary or time-limited positions.
SECTION 5.(d) Nothing in this section is intended to be in conflict with the mandatory provisions of the Consent Judgment.
appropriation of funds from the Employment Security Commission Reserve Fund
SECTION 6. There is appropriated from the Employment Security Reserve Fund to the Department of Commerce, Division of Employment Security, the amount needed for the 2012-2013 fiscal year to fund the interest payment due to the federal government for the debt owed to the U.S. Treasury for unemployment benefits.
expenditure of funds for certain purposes authorized
SECTION 7. G.S. 143C-6-5 reads as rewritten:
"§ 143C-6-5. No expenditures for purposes for which the General Assembly has considered but not enacted an appropriation; no fee increases that the General Assembly has rejected.
(a) Notwithstanding
any other provision of law, no funds from any source, except for gifts, grants,
or funds allocated from the Repair and Renovations Account in accordance with
G.S. 143C-4-3, funds allocated from the Contingency and Emergency Fund in
accordance with G.S. 143C-4-4, and funds exempted from Chapter 143C in
accordance with G.S. 143C-1-3(c) may be expended for any new or expanded
purpose, position, or other expenditure for which the General Assembly has
considered but not enacted an appropriation of funds for the current fiscal
period. For the purpose of this subsection, the General Assembly has considered
a purpose, position, or other expenditure (i) when that purpose is
included in a bill which fails a reading, or (ii) if the purpose
is included in the version of a bill that passes one house, but the bill is
enacted without the purpose.purpose, or (iii) if the purpose is
included in the version of a bill that is ratified by the General Assembly but the
bill does not become law.
(b) Notwithstanding any other provision of law, no fee shall be increased if the General Assembly has rejected an increase of that fee for the current fiscal period. For the purpose of this subsection, the General Assembly has rejected a fee increase when that fee increase is included in a bill which fails a reading, or if the fee increase is included in the version of a bill that passes one house, but the bill is enacted without the fee increase."
effective date
SECTION 8. Except as otherwise provided, this act becomes effective July 1, 2012.