NC Justice Center's Living Income Initiative E-mail Update

June 29, 2002

Volume 2, Issue 5
The Living Income Initiative is a special project of the NC Justice and Community Development Center. It is
supported completely through contributions and foundation support. You can contribute directly by mail at
Living Income Initiative, P.O. Box 28068, Raleigh, NC 27611. Email us at sorien@ncjustice.org


HOUSE HOPES TO BRING BUDGET TO A VOTE BY JULY 4
June 28, 2002

IN THIS ISSUE:
HOUSE HOPES TO BRING OUT BUDGET BY JULY 4
      Governor Pressures House To Make Cuts
      Where's the Beef? - House Has Yet to Discuss Any Revenue Options
      It's Time for House Leadership
SENATE BUDGET HITS LOW AND MIDDLE INCOME WORKERS HARD Part 2: More Details
      Senator Kinnaird Bravely Votes No
      Big Cuts in Health and Human Services
      Temporary Assistance for Needy Families Block Grant Plan Includes More Cuts
FEATURED CUTS OF THE WEEK: MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES
NEW REPORTS FROM NC BUDGET AND TAX CENTER - Links to Reports Included

Look For BUDGET ALERT! Coming in a Separate Email

You can get more information about the legislature, your representatives and the state budget at the General Assembly Web Site http://www.ncleg.net. Go to Bill Information to obtain bills discussed in this update.


HOUSE HOPES TO BRING BUDGET TO A VOTE BY JULY 4


Speaker of the House Jim Black (D-Mecklenburg) let House Appropriations Subcommittee Chairs know they should be prepared to work all weekend on the House's version of the budget for 2003. He also warned that Finance Committee chairs should be available for the weekend and that all members should be prepared to meet on the budget starting Monday, July 1. The Speaker indicated they would like to complete the budget as soon as possible and rumors were that they hope to bring it for a vote on July 4. I remain skeptical that the almost evenly divided House can move so quickly. If they do, it means there will be almost no opportunity for public review and debate of the bill. Legislators not in Appropriations leadership would also get only limited input.

Meanwhile, the current state budget ends June 30, 2002 - yes, that is Sunday. (Current budget is Senate Bill 1005) The House and Senate passed a "continuing resolution" which gives state government permission to keep operating under a bare outline of the 2002 budget until July 31. (Senate Bill 1111) The House debated at length about how to deal with a lost month when the deficit is so great. The problem is that continuing government as set out in the 2002 budget means that spending will exceed revenues and that new cuts and new revenues that are being contemplated for 2003 are delayed. The House says it has not had long enough to look over the Senate budget, which was passed on June 19, to know to which cuts they will ultimately agree so they did not agree to any cutting in this continuing resolution. Ultimately, this will mean that they have to fill the budget deficit with eleven months (instead of twelve) of new revenues or lessened spending due to cuts. Every month they don't have a budget and they keep spending at 2002 levels and not raising new revenue, the deficit gets bigger and therefore, the budget and staff cuts must be deeper and the amount of new revenue needed grows.

Governor Pressures House To Make Cuts
On Thursday, the Governor expressed his concern about this problem by issuing an Executive Order declaring a new fiscal emergency. This allows the Governor to begin making cuts and/or laying off staff in order to keep the budget in balance. The state constitution prohibits the state from deficit spending and requires that the Governor insure that the budget is balanced. The near-final fiscal data for the year indicates that the 2003 budget deficit will be between $1.5 and $1.6 billion. The Governor said in his press conference that he would wait two weeks before making further cuts or laying off staff. Already, lay-off notices have been issued to many staff and their job status is now unclear.

This Executive Order puts enormous pressure on the House to act quickly regarding the budget. While all appropriations members have been meeting since early April, the House has only had the Senate budget, from which they must work, since June 20. As a result, Speaker Black said the House is not yet prepared to agree to cuts in staff and programs. Yet, if they don't come to the table with a list of their preferred cuts, the Governor has now told them he will begin making cuts based on his and the Senate's budget proposals and the House will be left out of the decision-making. Presumably, this weekend House Appropriations Co-chairs are trying to determine which positions they can agree to cut, as well as if there are other program cuts they can agree to take in advance of completing their full budget.

Where's the Beef? - House Has Yet to Discuss Any Real Revenue Options
With a $1.5 billion budget deficit, one would think that the House would want to consider raising some revenue. The Senate raised or found $845 million in additional money for the 2003 state budget by passing a revenue package that implements another half-cent sales tax, delays some new tax breaks from going into effect and transfers money one time from the Tobacco and Highway Trust Funds to other uses in the budget. Many fine revenue bills have been entered in the House but there has been no public discussion of any proposal to raise new revenue or to transfer funds from existing trust funds. There are House bills to raise corporate taxes, increase individual's income taxes, close corporate tax loopholes and transfer funds from the Highway Trust fund and the Tobacco Trust fund. The only item being publicly discussed at all is the lottery, which Speaker Black says will come to a vote the week after July 4. The lottery is so regressive its like taxing food stamps, which is prohibited by federal law. The House intends to run a bill calling for a non-binding referendum on the lottery before it would be implemented. This means a lottery could not be in place in time to raise any money for the 2003 fiscal year and therefore, is not relevant to this year's budget debate.

Before the House can agree to changes in the budget, it would seem they need to know how much money they can raise to fill the deficit. But, as Representative Jennifer Weiss (D-Wake) told the Raleigh News & Observer, "The challenge is finding 61 votes to support any one of those ideas."

It's Time for House Leadership
While the 120 member House is somewhat unwieldy, it also provides ample opportunity for individual members to stand up and make a difference. House leaders are correct in saying the Senate budget relies on too many questionable budget gimmicks that will only leave the state in a worse budget problem next year. Now more than ever, the House requires some strong, articulate leaders to come forward and voice why a sensible revenue package is necessary and to put one on the table. A package of revenue bills entered by Representative Mickey Michaux (D-Durham) and another package by Representatives Jennifer Weiss (D-Wake), Paul Luebke (D-Durham) and Verla Insko (D-Orange) are an excellent starting point. There are other revenue bills entered by Representative Paul Miller (D-Durham) and others worth consideration also. While closed-door meetings to discuss all of these issues are important to move the process forward, the House must immediately begin having public meetings. It is only then that these issues can be completely vetted in the media and with the public. It is only then that leaders can explain to the public why they must do, what they must do.

And raising revenue they must do. If House members do not raise any new revenue other than transferring funds from a few trust funds, they will have to cut state programs and state government so severely North Carolina's progress will be set back by decades. Already we are struggling to keep up with the nation as national child poverty rates drop while ours increase. Fifteen percent more children were living in at-risk households in 2000, at the end of the economic boom, than in 1990. Last year the House stepped up and did the right thing. They made very hard cuts, but they also raised revenues without resorting to the most regressive and least reliable tax, a lottery. This year, North Carolina needs more of the same leadership.

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SENATE BUDGET HITS LOW AND MIDDLE INCOME WORKERS HARD Part 2: More Details

Contributions to this report from Elaine Mejia, Policy Analyst, NC Budget and Tax Center

On June 19, the NC Senate passed its proposed budget 34 to 16. Their budget bill cuts about $1 billion in state funded programs and staff, $109 million more in cuts than the Governor proposed. The largest dollar cuts are in Health and Human Services and Education (public education, universities and community colleges combined). The largest percentage cuts are in Transportation, General Government and Natural and Economic Resources.

The Senate also raised $845 million in new revenue, primarily by eliminating payments to local governments in exchange for allowing another half-cent sales tax, and one-time borrowing from the highway and tobacco trust funds. Significant portions of these funds are one-time moneys being used to for ongoing expenses. Another $51 million will allegedly come from Project Collect Taxes, but Secretary of Revenue Norris Tolson says he never told the Senate he can collect that much more in back owed-taxes. (The Senate had already budgeted Project Collect Tax to raise several million for 2003.) These budget tactics simply delay the inevitable pain. The remainder of the revenue being raised is highly regressive, taxing low- and middle-income individuals more than the wealthy and not tapping corporations to help with the deficit at all.

The Senate budget also contains $525 million in "expansion" spending, $15.6 million more than the Governor's budget. Seventy-four percent of this money goes toward growth in needs and enrollment in public education, community colleges and Medicaid. The cost of medical care is going up for everyone, not just Medicaid recipients, and the number of people enrolling for public school, Medicaid, universities and community colleges is increasing. In other words, the so-called "expansion" money is being used to continue to provide the same services, not new services, to North Carolina residents.

For more in-depth analysis of the Senate Budget, see BTC Reports, "The Senate's Proposed 2002-03 Budget: Low- and moderate-income people take the hits and foot the bill," (in pdf format.)

Senator Kinnaird Bravely Votes No
For the first time during my nine sessions here, a Democrat voted against the budget in the tightly controlled, Democratic majority Senate. Senator Ellie Kinnaird (D-Orange) expressed her regret that she could not vote for the budget bill, but she firmly stated she could not make such draconian cuts to "our people." "And where did these cuts come from?" Senator Kinnaird asked. "From programs for the weakest and most vulnerable among us; those to whom our stewardship has been given." She noted the legislature could not raise enough money to avoid these cuts due to the atmosphere of politics by attack ads and the vilification of anyone who would raise taxes. It was a very brave move on her part. Click here for Senator Kinnaird's full speech.

Big Cuts in Health and Human Services
The Senate cut $263 million in Health and Human Services staff and programs. This amounts to a 7.2% reduction in state funding for HHS. In addition, many of these state dollars draw down federal money which would also be lost. The Senate had two HHS “expansion” items:

1) $109 million into Medicaid to cover increasing costs and enrollment; and
2) $600,000 in new state money to State Boys and Girls clubs.

The Medicaid money simply maintains the current services and eligibility and the Boys and Girls club money partially replaces $900,000 in TANF money the clubs lost. The end result is that significant cuts, sometimes devastating cuts, are made to critical programs serving older adults with health problems, abused and neglected children, kids and adults suffering from mental health or developmental disabilities, child care subsidies and more.

The Senate budget cuts 375.7 positions from the NC Department of Health and Human Services (HHS). This includes 61 positions in state psychiatric hospitals, which are already under federal investigation for inadequate staffing. Also included are 150 positions to be determined by the Secretary of HHS and coming from throughout the agency. In addition, cuts to programs and counties will result in significantly more staff losses. For example, $5.5 million cut to county Departments of Social Services (DSS) for administrative costs results in a $5.5 million loss of federal matching funds and a loss of about 390 county DSS staff. These staff provide critical services, such as determining applicant eligibility and investigation of abuse and neglect charges.

Temporary Assistance for Needy Families Block Grant Plan Includes More Cuts
The Senate TANF plan had to make about $34 million in cuts to programs funded last year with TANF dollars. This year North Carolina has about $26 million less in TANF funds to spend than last year. That is because last year the state spent almost all of its carry-forward TANF funds. Carry-forward is one-time money unspent from previous years. Only about $9 million in carry-forward is left to be allocated for 2003, unlike the 2002 TANF budget that allocated almost $60 million in carry-forward. In addition, the Senate allocated almost $4 million more for cash assistance to reflect that the Work First caseload has increased and $4.6 million is spent to repay Federal moneys intended to be used for an automation project called SACWIS that was never completed.

The result is that TANF funding is eliminated for 12 programs and six others suffered significant reductions. Two programs that would see their TANF funds eliminated, were given replacement funding from other sources: 1) Private Child Caring Institutions would get $1.5 million in Social Services Block Grant funds instead of that amount in TANF; and 2) Boys and Girls clubs would get $600,000 in state money instead of the $900,000 they got in TANF money last year.

Cllick here for a chart comparing the Senate proposed TANF Plan for 2003 with the TANF Plan for 2002.


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FEATURED CUTS OF THE WEEK: MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES

Contributions to this section by Coalition 2001 and NAMI-NC

The impact of extensive cuts to mental health, developmental disability and substance abuse programming can hardly be overestimated. The Senate budget would cut $68 million state dollars from these programs and this would result in the loss of about $62 million in federal money. These state programs are already in crisis due to chronic underfunding that has led to significant understaffing in state facilities and lack of adequate community based services. The US Department of Justice is investigating the state psychiatric facilities for staffing and other violations that have led to improper treatment of patients. Federal litigation called the “Olmstead” decision requires all states to move away from centralized state facilities and toward more community services and community placements. Legislators, state and local government providers, private providers, academics and patients and their families have worked for two or more years to develop a plan to address these problems, but these cuts make it impossible to implement the plan.
The Senate does allocate $50 million non-recurring (one-time) money to the Mental Health Trust Fund. Last year, however, the Governor was forced to take this money only two weeks after the fund was established in order to balance the budget. Since most other trust funds are already sacrificing money in the Senate Budget to balance the deficit, it seems unlikely this money would survive. Mental health advocates agree they would rather see that $50 million remain in current line items than go toward this Trust Fund. The bottom line is persons with mental health disabilities are going to continue to go without appropriate services and litigation seems imminent if these cuts are enacted. Here are some of the proposed cuts:

$13,554,011 million - CAP-DA.

This reduces funding to the previously frozen Community Alternatives Program for Disabled Adults. This results in the loss of federal monies also. The CAP-DA program is intended to provide home health care services to adults so they do not have to live in nursing facilities. This is North Carolina’s more successful community service program for adults with mental or physical health problems. The freeze on CAP-DA began last October and since then about 200 people a month have gone off the rolls, causing an enrollment drop of over 1000. This freeze was implemented so that no one new enter the program even if someone left it. At the time the freeze began about 5,000 were waiting for CAP-DA help and the waiting list is now around 6,000. This week the administration partially lifted the freeze and expects to put about 150 to 175 people onto the program per month now. This still does not fully refill the 200 positions per month on average, which become available due to current enrollees leaving. The first persons to get services will be those who are waiting in nursing facilities. Persons on the waiting list who are still living with family members will be put on later, if at all. DMA will continue to watch costs closely.

$18,358,593 million - CAP-MR/DD program.

This program provides home health care services to children suffering from Mental Retardation/Developmental Disabilities. This will result in a loss of $39.1 million in federal dollars also. As of January 2003, 6002 children were on the waiting list for this assistance. This program has also been frozen since October, meaning no new persons are getting this assistance. This freeze remains in place because spending for CAP-MR/DD is still running high compared to the amount budgeted for the program.


$20 million - Medicaid Case Management.

This reduces direct case management services to adults and children by 33%. $5.1 million of this will come from Mental Health Case Management. All will result in a corresponding loss of federal dollars. In the Mental Health and other health arenas, case management is considered a "best practice" for assisting individuals with multiple and complex service needs.

$29.3million - Area Mental Health, Developmental Disability and Substance Abuse programs.

Administrative dollars were reduced and limits were placed on administrative costs last year, so direct services are about all that is left to cut.


$2,895,097 million - State Psychiatric Hospitals.

This will result in a loss of federal money and in 61 staff. The US Department of Justice is already investigating these facilities regarding concerns about understaffing.


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NEW REPORTS FROM NC BUDGET AND TAX CENTER

DISLOCATED WORKERS IN NORTH CAROLINA: Aiding Their Transition to Good Jobs by Chris Estes of the NC Budget and Tax Center and William Scheke and Sara Lawrence of Corporation for Enterprise Development. This report examines how workers are fairing after being laid off from manufacturing industries not likely to return to the state. The report found that after six months, when unemployment benefits end, about 60% of these workers were reemployed and earning half or less than their previous salary. Report summary


THE SENATE'S PROPOSED 2002-03 BUDGET: Low- and moderate-income people take the hits and foot the bill A BTC Reports by Elaine Mejia, Senior Fiscal Policy Analyst. This report examines the Senate budget and revenue proposals and their impact on programs, and low and moderate income North Carolinians. http://www.ncjustice.org/btc/020602report.pdf


SOME SIMPLE FISCAL ADVICE: When Diagnosing Engine Problems It Pays to Look Under the Hood. A BTC Reports by Elaine Mejia, Senior Fiscal Policy Analyst. This report examines the shortcomings in North Carolina's current tax system and offers remedies to help avoid such large budget shortfalls in the future. http://www.ncjustice.org/btc/020702report.pdf

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CONTACTS & LINKS

Living Income Email Update and Advocacy
Sorien K. Schmidt 919-856-2151 sorien@ncjustice.org
Living Income Research and Grassroots Campaigns
Kim Cartron 919-856-3193
kim@ncjustice.org
Living Income Grassroots Education and Organizing
Sheila Kingsberry Burt 919-856-3194 sheila@ncjustice.org
Elaine Mejia
NCJCDC Budget & Tax Center
NC Equity The Living Income Agenda (PDF)
Subscribe to the Living Income Email Update How to Take Action Living Income Fact Sheet
Working for a Good Living Workshop brochure (PDF) Earned Income Tax Credit (EITC) Fact Sheet North Carolina EITC Tax claims by county and as a percent of income tax filers for 1998.
  Learn more about public assistance in North Carolina.