In this Living
Income Update:
Quick Budget
Update: What we think we know without yet seeing the final budget
Bill Status
Update
Legislative
leaders continue to work hard to complete the budget by the end of
Saturday,
today – or the very start of Sunday, as
in 12:01am. I am writing this to you on Saturday afternoon and
as yet we have been unable to see the budget. The legislature
is still on
track to take it up sometime this evening and complete the session.
While we have been told about most of the funding items of concern
to us, we have not yet seen the final version of the special provisions
(budget language). Meanwhile, both Houses are pushing hard to take
up the bills remaining before them. In the past, the Legislature
has remained in session for a few days after passing a budget
in order
to deal with remaining bills. This year, however, they are trying
to complete nearly all bills in advance of the budget and will
likely
adjourn soon after the final budget vote.
BUDGET UPDATE
While
we haven’t seen the special provisions, we have been told how
several of our budget items stand. Here is what we think we know,
or do not know, so far:
| HHS |
| |
1) |
Child Care is funded at the Senate level of $20.9m and
the carry forward is NOT being taken;
|
| |
2) |
School Nurses are fully expanded at $4m state, and $3m block
grant;
|
| |
3) |
Health Choice will get $6.6m and be frozen on January 1;
|
| |
4) |
NO cut to continuous Medicaid and Health Choice coverage
for children;
|
| |
5) |
No cut to retroactive coverage of Health Choice;
|
| |
6) |
$3m
will go toward community health center grants and $2m for public
health department grants – all intended for
direct service programs;
|
| |
7) |
Child Fatality Task Force staff person funded;
|
| |
8) |
$8.5m for Mental Health Trust Fund;
|
| |
9) |
Not
clear if any cuts to local mental health authorities – but
I don’t think so;
|
| |
10) |
$5m for new child protection workers;
|
| |
11) |
$500,000 for MRS training I THINK (this could be more);
|
| |
12) |
Cuts made to child protection worker training contracts
(making the MRS money a possible wash);
|
| |
13) |
Cuts made to DSS staff but specific positions not identified,
some other HHS staff cut as well;
|
| |
14) |
Foster Care Rate increase by $25/month; |
| EDUCATION |
| |
15) |
Not clear how much money for Disadvantaged Student Fund, but
there is some; |
| |
16) |
$27m
discretionary cut to local school systems; |
| JUVENILE
JUSTICE |
| |
17) |
$500,000
for JCPCs; |
| |
18) |
I
think – last I heard – the Communities in Schools
Cut was NOT taken; |
| |
19) |
Separate Bill has passed that would provide up to $35m to begin
construction of the YDC’s using certificates of participation,
this is in addition to first bill that provided about $5m for
further detailed planning of building the facilities (see below
bill status report); |
| TAXES & FEES |
| |
20) |
No new tax cuts in the budget and no new fees; |
BILL STATUS REPORT Note:
If the Bill title is in color it is a “hyperlink” to
the latest version of the bill on the NC General Assembly Web site.
Click on it and you can read the bill. You can look up calendars, bills,
and even voting records at www.ncleg.net.
Child Safety
SB
1218 – Child Restraint System Modified SUCCESS
IT WILL BE A LAW!
Sponsor: Purcell
Status: Passed the Senate and House; sent to the Governor for signature
Description:
This bill would require children over 40 lbs. and up to 80 lbs. or
8 years
old, to sit in a booster seat when in the car.
There are special exceptions in current car seat law – that would
apply to this as well - for every possible concern about this bill.
Nonetheless, some oppose it because they don’t want to interfere
with parental choices or make things more complicated for families
or private day care.
Note:
CONGRATULATIONS AND THANK YOU SENATOR BILL PURCELL & REP.
JENNIFER WEISS, without whom the bill would be impossible. REP. DON
MUNFORD, also pitched in at a critical moment. CONGRATULATIONS AND
THANKS TO TOM VITAGLIONE, STEVE SHORE AND THE PEDIATRIC SOCIETY FOR
HARD LEG-WORK TO GET THIS PASSED. Thanks also go to State Farm Insurance
and their network of Insurance Brokers who contacted legislators in
support of the bill.
Child Protection and Welfare
HB
1354 – Strengthen Domestic Violence Laws
Sponsors: McLawhorn, Sherill
Status: Passed the House and Senate; sent to Governor
for signature
Description:
This bill includes several provisions to strengthen state domestic
violence
laws. It includes provisions to increase penalties
for several forms of assault that commonly occur in domestic violence
situations. For example, “assault inflicting serious physical
injury by strangulation” would be a Class H felony, carrying
a potential sentence from probation to two years in prison. An offender
charged a third time with misdemeanor assault would face a felony charge.
The bill also would help fund legal services for victims of domestic
violence. Other provisions would assist victims with child custody
claims and offer protection to workers who must leave work to secure
a protection order.
HB 1453 – Discharging Firearm on School Property
Sponsors: Moore, Clary
Status: Passed both the House and Senate; it now
goes to the Governor for signature
Description: This bill would make it a felony to intentionally fire
a gun on school property, punishable by a prison sentence of 13 to
16 months for a first-time offender. Previously, someone who discharged
a firearm could be punished only for the offense of possession of a
weapon on school property.
Note: Covenant has endorsed this bill.
Education
HB
1457 – Community
Solutions for Suspended Students
Sponsors: Preston, Warner
Status: Passed the House on 7/1/2004; referred to the Senate Education
Committee
Description: This bill is from the House Interim Committee on Providing
Education for Students in Long-Term Suspension. This bill provides
for a representative from a local Alternative School or program to
be added to the local Juvenile Crime Prevention Council (JCPC) and
then for the JCPC to assess the services and needs it has for serving
students in long-term suspension (over 10 days) including whether they
can serve these kids at all, what it would cost to serve all in need,
and ways to facilitate the process of getting LTS kids into appropriate
settings.
Note: This bill will not pass this year. It got bogged down in the politics
of several other unrelated bills. The study bill does include language
to create a Joint Senate and House study of the need for more alternative
and at risk programs for students in suspension.
HB
1460 – Intervention
Plans for Suspended Students
Sponsors: Preston, Warner
Status: Passed the House on 7/1/04; referred to the Senate Education
Committee
Description: This bill is from the House Interim Committee on Providing
Education for Students in Long-Term Suspension. The bill requires schools
to create an intervention plan for all students suspended 10 days or
more and for students with multiple short-term suspensions. The bill
also requires the school to notify the parents/guardian and involve
them in the development and implementation of the plan.
Note:
This bill will not pass this year. It got bogged down in the politics
of several other unrelated bills. The study bill does include language
to create a Joint Senate and House study of the need for more alternative
and at risk programs for students in suspension.
HB
1464 (= SB 1213) – School
Calendar Changes
House Sponsors: C. Wilson, Culpepper, Miner, Hill
Senate Sponsor: Dannelly
House Bill Status: Passed the House;
favorable report from the Senate Education Committee on committee
substitute
Senate
Bill Status: Referred to the Senate Education Committee – bill
has not been heard in Senate.
Description: This bill would require school systems to lengthen summer
vacation, to hold school between August 25 and June 10, and would not
eliminate any student school days. The House bill would also eliminate
10 of the 20 teacher workdays, but guarantee teacher and non-teaching
staff pay would remain at current levels. After extended debate but
never sending the bill to any education committees, the House passed
the bill with a final vote of 67 in favor and 44 against. Rep. Debra
Ross gave one of her most powerful speeches to date on the floor in
opposition to the bill, as did many other legislators. Many spoke in
favor as well.
The Senate
Education Committee took up the bill Thursday with a representative
of NCAE
testifying in favor of the bill, and representatives of school
administrators speaking against it. The Justice Center also testified
against the bill. Senator Nesbitt proposed an amendment that would
exempt from the mandatory start date all school districts west of the
Continental Divide, which, he said, need greater flexibility in scheduling
because of the number of schools days lost to inclement weather. This
amendment was defeated. Another failed amendment, proposed by Senator
Stevens, would have given the State Board of Education greater discretion
to grant school districts waivers from the mandatory start date. Ultimately,
the full Senate approved a compromise bill proposed by Senator Thomas
that reduces the teacher work days from 20 to 15, rather than the 10
in the House version, and includes some additional language allowing
the State Board of Ed to waive the calendar requirement for a school – not
a school system – to accommodate a special program or special
population of students. The Senate also had many stirring speeches
for and against the bill, with the clear highlight being Senator Martin
Nesbitt who spoke so eloquently that it reminded me why I ever wanted
to lobby in the first place. The Calendar change – in both versions
of the bill – would go into effect for the 2005-06 school year.
Note: The
House voted NOT to Concur with the Senate version of this bill
because
of the additional waiver language. It was unclear from
floor debate if NCAE would now support or remain neutral on cutting
only 5 teacher workdays as in the Senate bill, or if they would strongly
oppose it for the larger 10 day cut in the House bill. The Conferees
are now trying to reach a compromise before session ends, and it is
very likely they will since both Speakers and the President Pro Tempore
Marc Basnight support the bill. The Covenant with North Carolina’s
Children did not take a position on this bill because of disagreement
among its members. This is representative of the contentiousness of
the bill in the legislature as well. It is likely the bill would not
have gotten this far, had NCAE not worked so hard in support of it.
Juvenile Justice
HB
1264 – Finance
Vital Projects/Studies
Status: Senate and House have passed this bill; it is waiting to be
ratified and sent to the Governor.
Description: This bill now permits the state to incur debt through
certificates of participation (COPS) for up to $388m to complete 10
health facility projects at 10 different UNC system schools. It also
includes permission for the state to incur $35m in COPs to finance
the costs of constructing up to five youth development centers. This
is in addition to the below bill. The debt service will be paid using
moneys from the Health and Wellness Trust fund.
NOTE: It is not clear if the Governor will veto this bill.
HB
1795 – Modify
Youth Facility Debt Authorization
Sponsor: Luebke
Status: Passed both the House and Senate; going to the Governor for
signature
Description: This bill allows the state to obtain $4.46m in debt financing
to begin the next stage of planning and design of new Youth Development
Centers.
HB
1665 – Venue
for Juvenile Hearings
Sponsor: Frye
Status: Ratified and sent to Governor for his signature.
Description: This bill would allow dispositional hearings of a juvenile
who is in residential treatment to be held in the county in which the
juvenile is receiving treatment unless it is in the best interest of
the juvenile to hold the hearing in another county. This bill has passed
the House and gone to the Senate for consideration.
Health
SB
582 – Public Health Preparedness and Response
Sponsor:
Purcell
Status:
Passed both the House and Senate; signed by the Governor – it’s
law.
Mental Health
SB
1148 – Care
for Mentally Ill in LTC Facilities
Sponsor: Swindell
Status: Passed the Senate and House
Other
I wil send more details on these later.
HB
281 – 2003
Technical Corrections Act
Status: Passed both Houses, waiting to be ratified and sent to Governor.
Description: Last year the legislature left town and ended session
without passing the Technical Corrections Act. This week legislative
leaders dusted it off, removed all language regarding taxes or fees,
took out anything that had become obsolete, updated the dates of effectiveness
and passed this bill in one day. This will make many needed technical
corrections to state law, and was uncontroversial in this new, stripped
down format.
SB
1225 (= HB 1532) – 2004 Technical Corrections Act
Senate Sponsor: Hartsell
House Sponsor: Culpepper
Status: Passed the Senate; referred to the House Rules Committee
SB
1154 – Studies Act of 2004
Status: Senate has passed it; Sent to House Rules Committee; likely
to pass today
Description: There will be little time to hold these studies between
now and next session starting in late January 2005 because of elections.
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