Senate passes budget with no funding for county Medicaid relief

The Senate on May 24 offered up its response (S1741) to Gov. Easley’s recommended adjustments to the 2006-07 state certified budget, keeping to an accelerated, self-imposed calendar. Flush with a $2.4 billion budget surplus, the Senate proposes a quarter-cent sales tax decrease in the state sales tax rate and reduces the upper income tax bracket by 0.25 percent, effective Jan. 1, 2007. Both of these taxes are scheduled to return to pre-2001 levels next July. The Senate’s $18.8 billion budget emphasizes community mental health improvements, new court funding initiatives and higher salary increases than those proposed by the governor, but like the governor, fails to provide county Medicaid relief.

The Senate also recommends reducing the Highway Trust Fund transfer to the general fund by $195 million, thereby increasing funding available for road construction. It caps the gas tax at July 2006 levels, but makes allowances for replacing the lost highway monies with a general fund appropriation if needed. By statute, the state’s Rainy Day Fund receives 25 percent of the credit balance or $324 million, while the Senate sets aside $225 million for the state’s renovations and repairs.

The Senate accepts the governor’s “reprogramming” of the $212 million in state proceeds from the state lottery to pay for teacher salary increases and high school improvements but substitutes restoration of the $44.3 million in school discretionary cuts rather than full funding for Low Wealth. Like the governor, the Senate left intact corporate tax receipts flowing to the ADM Fund.

Teachers would receive salary increases averaging 8 percent, with a step increase plus a flat $2,250, to bring their salaries above the national average by 2008-09. School administrators would receive a 7 percent increase. All state funded non-certified school employees would be paid at least $20,112, comparable to the minimum salary set in 2005-06 for other state employees. State employees would receive 5 percent, while university and community college faculty and professional staff would get 6 percent, with an additional two percent one-time bonus. In all, state salary enhancements would consume nearly $700 million in general fund dollars. State retirees would receive a 3 percent COLA, requiring a $27.1 million appropriation.

A special provision raises the minimum wage from $5.15 to $6.15, effective Sept. 1, 2006. Another would impose a moratorium on new landfills for 18 months (Sec. 11.4).

Of special interest to counties, the Senate proposes additional funding for schools, mental health, courts and private well testing, and sets aside $20 million for emergency disasters. These and other budget requests are outlined below.

Education
Much of the Senate’s new education initiatives are targeted at increased enrollment in public schools, community colleges and universities. The state expects more than 38,000 new K-12 students next year, nearly doubling its original estimate for growth. The Senate rejects Easley’s call for full funding of the low-wealth formula but does provide additional funding for disadvantaged students to be distributed in all school districts. A special provision allocates these funds based on an LEA’s percent of wealth, as calculated by the low wealth formula, relative to the statewide average (Sec 7.8). The Senate’s budget supports the governor’s emphasis on high school performance by expanding the Gates Foundation’s Learn and Earn program, his virtual high school initiative and his high school within a high school program.

Funding is provided to restore the $44.3 million in the LEA negative reserve, and a special provision clarifies that LEAs can seek local sales tax refunds Jason (Sec. 7.20). The Senate accepts the governor’s recommendation to move “More at Four” from the Department of Health and Human Services to the Department of Public Instruction. Current law dictates that public school enrollment must be included in the continuation budget, but the Senate budget also requires that community college and university enrollment be made a part of the continuation budget, rather than as expansion items (Sec. 6.10).

Public School ExpansionGovernorSenate
Fully fund enrollment increase of 38,103 additional students – 18,363 above budget$76.3 million in expansionSame
Provide ABC teacher bonuses at current incentive levels $90 millionSame
Pilot salary supplement for math and science teachersNo$515k
$15k supplement per teacher
Fully fund low wealth formula $41.9 millionNo
Restore LEA negative reserveNo$44.3 million
Increase disadvantaged student supplemental funding
All LEAs eligible for DSSF; earlier approps to 16 Leandro LEAs
$26.7 millionSame
21st Century Literacy Coaches – 100 coaches in 100 middle schools to assist teachers for curricula development of 21st century skills$4.8 millionSame
Continue and expand Learn and Earn high school initiative from 13 to 34 high schools; 20 planning grants$8.2 million
$1.5 nr
Same
Continue and expand Specialty High Schools from 11 to 32; 10 planning grants$3.8 million
$662k nr
Same
Implement NC virtual public schools$2.6 million
$189k nr
Same
Increase school connectivity funding$4 million nr$3 million nr
Replace civil penalty and forfeiture fund shortfall – collections did not meet projections$30 millionSame
Reserve for diesel fuel costs$16.4 millionSame
Expand More at Four – add 3,200 slots and increase $200 per slot funding; 18,653 total slots if approved$17.9 millionSame
Community College ExpansionGovernorSenate
Fully fund enrollment growth (NCACC goal for enhanced funding)$7.0 millionSame
Fund unrealized tuition receipts$8.2 million$10 million
Provide additional funding for equipment needs$11 million$10 million
Kannapolis Research CampusNo$3.4 million
N.C. Military Business CenterNo$1 million

Special provisions impacting community colleges would permit a carry forward of $10 million for equipment (Sec. 8.4), and allow “low-wealth” community colleges to use monies for maintenance of plant (Sec. 8.9).

Human Services
The Senate accepts the governor’s lowering of the state’s 2006-07 Medicaid costs by $150 million based on higher federal payments, greater federal drug costs coverage, and lower overall expenses from the General Assembly’s cost containment efforts. Since the $150 million was already a part of the base budget for 2006-07, these freed-up monies are being used to support other expansion items found elsewhere in the budget, despite the House Select Committee on Health Care’s recommendation for $65 million of state Medicaid savings to be targeted for county Medicaid relief.

The Senate’s budget more closely tracks the Legislative Oversight Committee for Mental Health’s plans for additional funding to get mental health reform back on track. The Senate recommends $104 million in increased spending, including $14.4 million for the Mental Health Trust Fund with a required set-aside of the alcohol excise tax, $41.7 million to expand community capacity, $13.6 million for housing, and $5 million to expand substance abuse treatment at ADATCs. New state dollars would support the 5,500 developmentally disabled clients who were threatened with the loss of Medicaid services. The Senate concurs with many of the governor’s “Healthy Families” initiatives by adding millions more for child-care subsidies, foster care, early intervention and universal vaccines.

Counties will be asked to enforce statewide private water supply well construction standards, and funding is recommended for state technical assistance and water testing. Legislation requiring mandatory eye exams for children entering public schools is repealed.

Human Services ExpansionGovernorSenate
Increase aged in-home services through Home and Community Care Block Grant$3 millionSame
Increase child-care subsidy to serve 2,939 more children; total kids served = 99,444$20 million$20 million
Increases rates with 1700 kids served
Increase Smart Start funding$10 million$14 million
Match federal funding to get antiviral stores for first responders$190kSame
Provide additional school nurses (NCACC legislative goal)$3.3 million to support existing time-limited$4.5 million for time-limited & 25 new position
Expand early intervention program to handle 270 percent increase in referrals$7.1 millionSame
Fund influenza and pertussis booster as additional vaccines in universal vaccine program$6.5 millionSame
Provide grants to close health disparities$2.1 million$1.9 million nr
$100k r
Reinstitute school dental program $649k$390k nr
Fund state lab to test private well water based on county enforcement of well construction standards$344k$226k nr
Cover state costs only to implement federal licensing requirements for foster care by relatives; substantial county costs are also expected$2.0 millionSame
Increase foster care and adoption assistance payments$10.2 millionSame
Expand mental health community capacity for substance abuse, crisis and transitional services$16 millionFunding in other categories
Increase funding for Mental Health Trust Fund$15 million nr$5 million nr
$9.4 million r from 5 percent of alcohol excise tax
Equip central regional psychiatric hospital$1.7 million
$20 million nr
Funded through COPs
COPs also available for eastern regional
Renovate and staff alcohol and drug abuse treatment centers (ADATC) to expand detox capacity$5.2 millionSame
Continue services for 5,500 developmentally disabled clients threatened with loss of federal Medicaid coverage$29.4 millionSame
Increase LME mental health services; special provision allocates funding based on LME’s percentage of the State's total population that is below the federal poverty level (Sec.10.33A)Total of $16 million made available for all community mental health categories$8 million
Increase LME substance abuse services; see above for allocationSee above$8 million
Provide for 400 disability apartments, operating subsidyNo$11.3 million nr
$1.2 r
Fund operations and expenses for 12 group home beds and 93 apartments via HUB 811No$713k r
$370k nr
Recruit psychiatrists through AHECs to rural and underserved areasNo$1 million
Provide LME crisis service start-up expensesSee note above$5.3 million
Increase LME crisis servicesSee note above$9 million
Increase LME funding for psychiatrist accessSee note above$9 million
Help LMEs via DMH/DD/SAS planning consultantsSee note above$1.1 million
Create LME strategic assistance teamSee note above$300k

Special provisions include using $19.6 million in the federal TANF block grant for county demonstration grants to improve work participation rates (Sec.5.1(n)), requiring community health centers to provide after-hours access in order to qualify for grants (Sec.10.16), and including fees charged to subsidized parents in setting child-care subsidy rates (Sec.10.34). Numerous special provisions address mental health reform – many of which implement the LOC’s recommendations. These include allowing LME transfers between funding categories (Sec.10.25), organizing crisis services regions (Sec. 10.26), clarifying the state’s plan purpose and performance (Sec.10.28), requiring LME quarterly financial reports to be reviewed by county finance officers (Sec.10.31), and requiring DHHS to fund 24x7 LME screening, triage and referral with LME review of person-centered plans (Sec.10.32).

Justice and Public Safety
The Senate concurs with the governor’s “Secure Communities” initiative by funneling tens of millions for additional judicial staff, assistant attorneys and deputy clerks of courts to handle case backlogs. Counties are required to find and fund office space for these additional state workers. Millions more will support new and expanded technologies such as the upgraded Statewide Fingerprint Identification System (SAFIS), $10 million for the voice interoperability project (VIPER), and new courtroom and criminal history information systems.

Justice and Public Safety ExpansionGovernorSenate
Total new local court positions213
Most effective Oct. 1, 2006
231
Most effective Jan. 1, 2007
Add 90 new assistant district attorney positions and nine legal support$5.7 million
$416k nr
Same, different start date
Add 75 new deputy clerks of courts$2 million
$184 nr
Same, different start date
Add seven new district court judges and five new support staff$837k
$97k nr
16 new judges and five support
Add six new magistrates $181k
$25k nr
Same, start July 1, 2006
Add 7.75 custody mediation staff, three drug treatment staff, and eight new guardian ad litem staff$998k
$71k nr
13 new guardian ad litem and same others
Implement statewide warrant repository (NCAWARE), eCourt, eFiling, electronic payments, electronic traffic court, & enhance eCitation & casewise$4.5 million
$1 million nr
$5.5 million
$1.9 million nr
Establish Wake County family court$175k$236k
Same Wake
Two additional Cumberland and Mecklenburg
Begin replacement of statewide automated fingerprint ID system$72k
$1.9 million
Same
Continue implementation of VIPER – statewide 800 megahertz voice system
Appropriation through Highway Fund
$10 million nrSame
Increase Juvenile Crime Prevention Council funding$500kNo
Replace lost pre-trial release fundingNo$400k
Restore funding for Criminal Justice Partnership programNo$1 million
Increase inmate capacity at Brown Creek, Harnett, Lumberton, Dan River, Tillery and Tyrrell$1.5 million
$864k nr
Same
Increase funding for inmate medical care$15 million10 million r
$5.7 million nr
Increase emergency management staffing, search and rescue and swiftwater rescue teams, hazmat response teams$2.2 million$1.2 million, most nr

Special provisions include establishing a permanency mediation program to resolve issues between juvenile victims of abuse, neglect and dependency and their parents (Sec.14.10) and GPS monitoring of the most serious sex offenders (Sec.16.7).

Natural and Economic Resources
The Senate accepts the governor’s proposal for a private well water safety program by having counties enforce statewide private water supply well construction standards. No funding changes are requested in the state’s clean water management trust fund with a continuation of $100 million in the second year of the biennium.

Like the governor’s budget, the One NC Fund — for economic development incentives — would receive $10 million annually, and $5 million is recommended for matching federal program funds for small business development. It is uncertain whether other economic development incentives such as the governor’s proposed sales tax reductions and refunds for research and development and motor sports are included. Local governments would help fund these incentives through loss of sales tax receipts.

Natural and Economic Resources ExpansionGovernorSenate
Establish private well water safety program by providing technical assistance to county enforcement and incentive grants to counties$1.1 million
$28k nr
$271k
$828k nr
Expand state enforcement of sediment and erosion control$466k supported by feesNo
Fund 20 percent state match for federal wastewater and drinking water grant match requirements$6.1 millionSame
Expand state enforcement of illegal solid waste disposal sites$1.1 million supported by feesNo
Begin clean up of contaminated inactive hazardous sites through implementation of $2 per ton tipping fee$500k supported by feesNo
Provide recurring funding for One NC fund
Match federal small business innovation programs
$10 million
$5 million
Same

The Senate pares downs the governor’s recommended spending of $764 million in capital improvements ($330 million general fund appropriation) to $253 million, although some projects are financed with certificates of participation.

General Government/Capital ExpansionGovernorSenate
Make additional funding for the NC Housing Trust Fund recurring (NCACC goal)$5 million$5 million nr
Add retirement system service positions$236k funded through receiptsNo
Add Insurance positions to handles questions and complaints on Medicare Part D drug plans$260k
$24k nr
$130k
$12k nr
Create cultural sharing and caring program to bring cultural performances to schools and communities$2.0 millionSame
Repay fourth of five installments to retirement system$30 million nrsame
Reserve funds for disaster recovery$50 million nr$20 million nr
Reserve funds to assist families with heating and cooling$10 million nrSame
Expand Museum of Art$40 million nrCOPs
Fund 35 percent state match for two veterans nursing homes in Asheville and Kinston$8.8 million nrNo
Fund backup data center$24.8 million nrSame
Construct new emergency operations center$8.5 million nrSame
Match civil works projects for navigation, flood control and beach protection$18.5 million nr$20 million nr
Expand Museum of Natural Sciences $10 million nrNo
Expand Chimney Rock tract$15 million nrSame
Construct new public health laboratory$101 million in copsNo

A special provision moves the state’s 457 program to the Office of the State Treasurer (Sec. 20.1).

The House has already scheduled its appropriations subcommittees for next week to begin consideration of the Senate’s proposal. We understand that the House intends to complete its work by June 15. We applaud them in their diligence and continue our plea for county Medicaid relief.