Bill Summary for H 111 (2019-2020)

Summary date: 

Oct 30 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 111 (Public) Filed Tuesday, February 19, 2019
AN ACT TO ENACT A BASE BUDGET FOR CERTAIN STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS FOR THE 2019-2021 FISCAL BIENNIUM.
Intro. by Lambeth.

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Bill summary

Senate committee substitute deletes the content of the 2nd edition and now provides the following.

Part I.

Sets forth the schedule of appropriations from the General Fund for the budgets of specified State agencies, departments, and institutions, and other enumerated purposes, for each year of the 2019-21 fiscal biennium, with net appropriations totaling $23,900,304,471 for the 2019-20 fiscal year and $23,981,490,408 for the 2020-21 fiscal year.

Reduces the total requirements for the Department of Justice, Legal Services by $3,055,973 in recurring funds for each fiscal year of the biennium.

Repeals Section 5(11) of SL 2019-229, which allocates specified funds to support 65 full-time equivalent positions in the Court Services Section of the Division of Juvenile Justice. Further amends Section 5 of SL 2019-229 to reduce the appropriations set out for the Department of Public Safety (DPS) for the implementation of the Raise the Age legislation from $30,915,431 to $27,023,037 for the 2019-20 fiscal year, and from $43,538,704 to $39,646,310 for the 2020-21 fiscal year.

Subject to SB 61 becoming law, amends Section 1.2 of that act to specify that the appropriations made by that act for the budget of the Community College System for the fiscal biennium are in addition to the appropriations set out in any other legislation enacted during the 2019 Regular Session expressly appropriating funds to the Community College System. Reduces the Community College System requirements, receipts, and net appropriations set out for the fiscal biennium in SB 61 to include a net appropriation of $28,216,988 rather than $1,196,633,387 for 2019-20 and $25,436,606 rather than $1,193,853,005 for 2020-21.

Repeals Section 1.1(ff) of SL 2019-192, which appropriated nonrecurring funds to the Department of Health and Human Services (DHHS), Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2019-20 fiscal year to be used to support the Suicide Prevention Lifeline.

Subject to HB 398 becoming law, amends Section 1.2 of that act to reduce the requirements, receipts, and net appropriations set out for the fiscal biennium in HB 398 for the Department of Information Technology (DIT) to include a net appropriation of $13,759,233 rather than $67,422,458 for 2019-20 and $15,283,879 rather than $68,947,104 for 2020-21.

Subject to SB 683 becoming law, amends Section 5.2 of that act to specify that the appropriations made in that act for the budget of the State Board of Elections (SBE) for the fiscal biennium are in addition to the appropriations set forth in SL 2019-209 for the SBE. Reduces the SBE requirements, receipts, and net appropriations set out for the fiscal biennium in SB 683 to include a net appropriation of $1,156,004 rather than $7,989,301 for 2019-20 and $44,923 rather than $6,878,220 for 2020-21.

Part II.

Sets forth the General Fund availability used in developing the base budget for each year of the 2019-21 fiscal biennium.

Details procedures for the transfer of funds to the Savings Reserve, and the treatment of receivable as nontax revenue.

Directs DHHS to deposit from its revenues $165.3 million for the 2019-20 fiscal year, and $130 million for the 2020-21 fiscal year, with the Department of State Treasurer to be accounted for as nontax revenue to represent the return of resources from State-owned and State-operated hospitals used to provide indigent and nonindigent care services. Provides that the return from State-owned and State-operated hospitals to DHHS will be made from nonfederal resources in an amount equal to the amount of the payments from the Division of Health Benefits for uncompensated care. Requires the treatment of any revenue derived from federal programs to be in accordance with specified federal regulations.

Part III.

States that the act's appropriations, and appropriations made by any other legislation enacted during the 2019 Regular Session expressly appropriating funds to an agency, department, or an institution covered under the act, are for maximum amounts necessary for services and purposes of the applicable agency, department, or institution pursuant to the State Budget Act. Requires any savings to revert to the appropriate fund at the end of each fiscal year, except as otherwise provided by law.

Deems the requirements set forth in the act, and any other legislation enacted during the 2019 Regular Session expressly appropriating funds to an agency, department, or institution covered by the act, to represent the total amount of funds appropriated to an agency, department, or institution.

Deems state funds appropriated for each year of the 2019-21 fiscal biennium up to the specified amounts for all budget codes listed in the Governor's Recommended Budget Support Document, as adjusted in this act; excludes the budget codes for the Community College System, the Department of Transportation, and the Department of Information Technology. For the Community College System and the DIT, appropriates amounts up to the amounts for budget codes listed in the Governor's Recommended Budget Support Document, as adjusted, only if the agency's bill containing budget appropriations does not become law (SB 61 for the Community College System; HB 398 for DIT). Provides for overrealized receipts. Restricts expenditures to those legislatively authorized. 

Reenacts and incorporates the provisions of GS Chapter 143C, the State Budget Act.

Provides for parameters and application of the biennial budget provided and adjusted by the act. 

Specifies that SL 2019-9, SL 2019-15, SL 2019-192, SL 2019-208, SL 2019-209, SL 2019-210, SL 2019-211, SL 2019-221, SL 2019-222, SL 2019-223, and SL 2019-224, and any other enactments during the 2019 Regular Session  appropriating funds to an agency, department, or institution covered by the act remain effective except where expressly repealed or amended.

Sets forth limitations and directions that apply, including (1) the limitations and directions on the expenditure of funds for the prior fiscal biennium remain in effect; (2) vacant positions subject to proposed budget reductions in HB 966 cannot be filled; (3) public school employees paid on the teacher salary schedule, the school-based administrator salary schedule, or any other salary schedule established by state law cannot move up on salary schedules or receive automatic step increases until legislatively authorized (this provision is repealed if HB 377, Teacher Step Act, becomes law), and (4) funds cannot be reserved to the Repairs and Renovations Reserve or the State Capital and Infrastructure Fund, and the State Controller cannot transfer funds from the unreserved fund balance to those reserves on June 30 of the prior fiscal year.

Defines the scope of the act to funds appropriated for and activities occurring during the 2019-21 fiscal biennium. Clarifies the effect of the act's headings.

Clarifies that the act and any other legislation enacted during the 2019 Regular Session expressly appropriating funds to an agency, department, or an institution covered under the act, collectively supersedes and replaces the specified provisions of the State Budget Act. Provides that the appropriations and authorizations set out in the act remain in effect until HB 966 becomes law, at which point that act governs, and the Director of the Budget adjusts allotments to give effect to HB 966 from July 1 of the fiscal year.

Part IV.

Provides for the act to become effective July 1, 2019.

Changes the act's titles.

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