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House | June 30, 2015 | Committee Room | Appropriations, Justice and Public Safety

Full MP3 Audio File

Good morning? Welcome to Justice and Public Safety where we look at what the Senate and the House have to compare here, and for us we don't have any pages here this morning maybe we will, maybe we'll not Sergeant-at-Arms Barry Moore, B. H. Powell, and David Linthicum. glad to have you with us this morning. We're going to have Christine first up to tell us about comparing with the senate budget. by way on the microphone, OK been that long since we've been here. Good morning everyone? I am going to start us off with the House Senate comparison document, if you look at this let me explain a little bit about how this document work. If you look on the first page you the item number in the first column and then the title and the description in the second and then the senate based here to the senate will be in senate budget what was here in the house. If the tittle of the item is highlighted that means that the item is in controversy, so what the house had is different from what the senate had in that item and the difference could be in money it could be in language, it depends. If it's just the money difference and the language is the same you'll see the money straight across for senate and house. If the difference is in the language you will see actually two different items. So this morning what we are going to do is just cover those items that are shaded and the document everything else is agreed to so that can be assumed to in the budget and done. now obviously sometimes things change for the main part anything that has been agreed to has been assumed to be done. So I'm going to skip all the salaries and benefits item because those are full chair issues and not up to the preview of the subcommittee and then if turn a page three the first difference between the senate and the house is item number 10B this is the workers compensation adjustment reserve the senate for every agency put in additional fund for workers compensation to bring the base budget amount up to the level the average actual expenditures for the previous two years in the case of department of public safety that's a total of $33 million so their is only about 16, 15 in the budget so 17.9 needed to be appropriated for that purpose in the past several years black salary has been used to fund workers comp and say the senate is trying to move away from that actually budget this items we take questions now or later, go ahead but I know I'm serious thank you, [xx] You mentioned in the past that been from [xx], is there any reason why it hasn't been a white item or they've been based on claims or actually its never been funded enough? Madam Chair, there's probably a couple reasons for that because Workers Compensation payments can fluctuate from year to year, and that's one of the reasons it's not then fully funded, another reason is it is 17 million dollars, and so in order to get them up to the actual average, it costs you 17.8 million dollars and there have been other priorities for money when you've had it in the past couple of years. and [xx] salary is an allowable use of funding the department does generate quit a bit of money [xx] every year [xx]. probably have never known what's it's going to be because it's different every time workers [xx] you because don't know who's going to have a claim. So madam Chair that's correct, you didn't have a base budget for it, you have a base budget that's insufficient to fund it. So the base budget amount, the amount that's in the base budget workers comp is about 16, 17 million dollars. The total workers comp it's about 33-34 million, so you got a base budget [xx] it's just insufficient. It's just a comment [xx]

I think this is a lot of discrepancy between our budget and this one particular item and I guess [xx] I'm just trying to understand why we have not in the past this agency or one in the he brought[sp?] to me have a zero based budget or just [xx] I guess I'm just wondering why after all the years. Madam Chair.. And I understand why we have to do it because it is real money and it had It's been [xx] in the past [xx] There have been several of them, the [xx] the only line item in agencies budget that is under funded or under budgeted. Under budgeted is probably a better term so there are several things how we fill[sp?] cars[sp?] are under budgeted and they are recurring expense that you have every year over time pay is under budgeted holiday pay so they're several things things every year lots money is being moved in back in 2001 I think re-budgeting that, but if she's nightmare then nobody really want to get into, she doesn't bother since the governor attempted this thing called [xx] budgeting where they had actually allowed [xx] alone the budget prior to sending it over This budget had been corrected in several areas it did not have a lot of money to do that whether they've done it to some extent the economy tanks between. It got worse between the turn the government start to come over when the general assembly did there budget so many of those items had been increased so that money was taken out. So, in no instance should the budgeting with sort of failure, but primarily the reason, have been a drop and everything has gotten worse about several years it's primarily bulid the economy and lack of funding for you do to this kind of things like this especially when there's a lot more political in doing things that teaches our reason, anything like that workers can't  get [xx], so I think I saw pages come in, did they get back out? Okay I want to introduce everything that is happening at one time that's the reason I didn't representative both Morgan Wipe, Wake county and what grade are you in? 10th grade 10th grade? Glad to have you here this morning hope you enjoy your visit here, and Lily Wolf and she is from Alamance County, and what grade are you in? 12th grade, 12th grade, and do you plan to go to college, where? Well, I'm going to be [xx] Okay, glad to have you here this morning and Sarah Woolard and she's from Beaufort and Paul is her sponsor. What grade? 12th grade. 12th grade too. Where do you plan to go? [xx] Okay, very good. We're proud of all of you, glad to have you here this morning, thank you. Okay Anne Ria, excuse me, Virginia Turner Thank you Madam Chair I just want to make a comment about the lack of salaries that have been used for this projects as we continue to reduce said they're void I would imagine the last salary expand how far a year, madam chair two [xx] that is to you, the level of, there are 26, 000 positions in the department public there's the level of [xx] salary that isn't generated by that department every year especially with the correction officer Tony Verb, there's [xx] difficult jobs. There's a lot turnover. They generate approximately about a hundred million dollars salaries each year salary reserves. We're talking about lack of staffers in this section, okay. Okay madam chair, I was going to talk about this when I got to the vacant position item two but to Rep. Bolser's point, another thing that senate did in additional to funding workers camp[sp?] throughout at every agencies budget, they also have provision of the quarter of the bill section 6.25 they requires all of the agencies to eliminate provision that has been they can for 12 months or longer and take the savings from this division and move it

into 900 that have been funded with salary for two of the three, past three fiscal years. So the senate is trying to address this problem and does not going to solve DPS issued let her social budget issues that are much grade on them on the 12 months they can that   [xx] have would fill and in addition a lot of the 12 month vacant position at BPS or custody and security positions that really can't be eliminated, so the custody and security physicians that really can't be eliminated. There's that really can't be eliminated, so the custody and security physicians that really can't be eliminated. There's they are already working close to [xx] the director of the budget has discussion whether or not this is same has to eliminated or whether or not they can retain hem. Okay moving on, I don't remember the next difference is out of 11 be. This is a summer camp operating cost, the summer camp training facility you may recall is going to be opening up shortly, the House provided 25 physicians iin the first year in 29 and the second. The senate register about eight position and primarily there are again some things they considered to be redundant [xx] for there was a TV immediate services coordinator and a text services person I'm going to skip the one on agreement to items well with an agreement and we turn over to page four item 13b this came over barring range, this was $2.9 million that was taken out of the state white met tome is confinement fines, and transfer again to the general camberto fine the same I can firing range, the senate choose not to do this item. Item 14 B as a vacated position reduction, the house took to eliminate, direct to DPS to eliminate up to 30 taken position again the senate did not take any vacant position reduction because they've that special provision in front of the bill directing agencies to eliminate the 12 month vacant position, so the senate do not allow vacant position reduction, that's why you'll see house reduction house took the senate did not take. item 16C on page five, is an elimination of four vacant positions that the house took again this is one the senate did not take, item 18 C. Also on page 5 the Hero Grant, this was a million dollar none recurring in both years, but the house provided to the governor's Crime Commission to provide grants to assist in hiring veterans who've received training in human exploitation rescue operative projects that the house didn't fund that item. Item 20 and 21 go together, this is on page 6, this is a Highway Petrol Vehicle line the house fully funded and how we've ensured enforcement and support Fleet Vehicle Replacement Schedule, the senate partially funded it, they provided 3 million dollars recurring and then an additional 1.7 million dollars non recurring, Item number 22 the highway patrol cameras the house provided funding to install cameras in the remaining enforcement police vehicles that then already have them LK provide a funds to put the cameras on five year replacement cycle. That senate did not fund these items and I want to point out on the house and now in the non recurring amount the non recurring number is too high it actually shouldn't leave about $723 non recurring [xx] already made opposition some are there, page seven, I am 23, this is one example of the vacant positions the FBI area consolidation efficiency with eliminating vacant positions in office assistance division the FBI early regional offices this connected do not take these reductions. Item 25 the same thing make an attorney position that would invertly transfer with the FBI last year and the Senate did not take that reduction item number 26 is provide the senate provide its funding for status replacement this is a state wide animated finger print identification in 2005 the general assembly appropriated funds to four state pase replacement this contempted for appropriate to reserve in governors office they spend all of it replace the system they spend all it $333, 000 so in this 333, 00 has been sitting in reserve in the

governors office since then what if item will be is transfer those funds from that reserve to the general fund and then re-appropriate them to DPS for state placement this is not close to covering the cost of safety replacement they opt to see some additional language in here that authorises at additional, authorizes an additional $400, 000 this year on receipts on a recurring basis for that [xx] Item 27 on page eight is a Senate only item it's 120000 non recurring for Operation Medicine Drop which provide funding for the FBI chief to conduct that program that allowed citizens to bring in unused or expired medication Item 28 and 29, show up is different this are very technical changes to the language you can see either senate variation is item 28 the position numbers have been added in that's the only difference the senate is the correct version here and that is all foe [xx] and [xx] John is going to do a correction there. Are there any question for staying on this part so far, okay Thank you [xx] correction I don't want to begin on item 32, item 32 and 33 go together this was a stored in electronic [xx] system in the House Budget there was the hope to have four persons come on line join the [xx] in talking of the problem after the Health budget it came out that is not possible so we're back to the governor's proposal which is on item 33 that the senate agreed to the Harnett Correctional only. Item 34 is agreed to. Item 35 is a senate only item. The senate has a number of continuation review items, these are items that are funded for the first year of the biennium with nonrecurring money, or the program is reviewed and then the money is put into a reserve to see what the outcome is. All of the items that are transfers from the highway fund the general fund so for instance, the $9 million to support the inmate litter and road squads are going to go to continuation review next year. And you'll see that throughout the budget all the items that are highway fund transfers in the general fund or under continuation review for next year, and there's a special provision that goes along with that. Item 36 is the central prison mental health beds, the only difference between the health and the senate is there was a Saturation, are some of the benefits under the health proposal so the senate proposal is actually correct numbers. Item 37, 38 go together this are the mental health behaviour treatment beds, in the health proposal they funded eight behaviour treatment units at a closed custody prison for the first year and for the second year what the senate did and in Item 38 was to fund one unit down in Morly and then also add 10 additional diagnostic decisions that were requested in the governors budget but we are not funded in the house budget. Item 39 and 40 relates to Gartrade health records he house provision in number 40 fully funds the item and the senate budget starts the funding the second year and then it will be picked up in the continuation budget. And then item 41 is the same the budget.   Yes, Miss chair thank you Miss Chair. if we have an individual that's in corrections in need of health care, and he goes to the hospital knows the doctor, do we feel the doctor or the hospital for their health care. So Representative [xx] if I understand your question you're saying the inmate has to go out to a local hospital or local medics provider for health care who pays for that? If that inmate qualifies or if he is certified or has health care are we building? So if the inmate is Medicaid eligible and they go to a hospital for 24 hours at an outpatient then Medicaid picks up that portion and the state pays, the correction pays the state share the 30% or 35% of the cost if the inmate is non medicate eligible then the state as in the department of correction pays the cost of that. And there are a number of provisions you all put in place over the years to start containing those costs and I've got great charts to show you later if you'd like

to see them again, show you how the cost can come down Thank you. Thank you Madam Chair. Page 11, item 42 which is on page 11 and 43 which is on page 12 are different between the House and Senate. This is the item to fund addition electronic monitoring equipment. The Senate has funded it to the level of actual expenditure from the previous year, $700, 000 recurring. The house funded it about the same amount in the first year but a much higher amount 2.6 million in the second year to anticipate the increased use of electronic monitoring. Turning page 12 Item 44, fraudulent access to community treatment, the senate. This is funding that was provided in the previous biennium for substance fee and services for people on probation and under portly [xx] supervision, the Senate has given one point allow them bring forward 1.3 million dollars non-recurring, the house has 520 non recurring  in the first year. You may remember that this amended in the sub committee and that's why the amount is different, item number 45, this goes on with the provision that within the house parted, this transferred the responsibility for provision for all vehicles from the Department of Administration to the Department of Public Safety, the Senate chose not to do that. And item 46, the Senate has provided $2 million recurring in funds for beds for adjudicated juveniles. This will provide about 35 beds, total of 94 beds per year recurring in the next [xx] that's why I have [xx]. Any question for [xx] this interesting. A 100 and prominent Justice Budget now, [xx] page 14, well I'm sorry, skip page 14 so sorry, move to page 15 and the first differences 51 being 51 and 52 requirement technician. This is the technical change in a language defended as the correct version. 53, the outsourcing plans for forensic analysis, the Senate appropriated 750, 000 no recurring. The house also appropriated 750, 000 non recurring in both years but the way that the house today if you may recall was blocked [xx] and stay hidden adjust the committee report, you couldn't increase sub committee spending on the floor so the [xx] were taken out of a reserve for, I came in to say pending legislation and that's not it, oh, pro pending legislation and transferring to another reserve for outsourcing so you both funded outsourcing you just the mechanism of how you funded here was different. You turn to page 16 item 54 DNA on erupts for all violent felonies the house funded this item and included language to expand the interact to our violent felonies there is currently eliminate certain violent felonies and provided four and a half additional positions to the crime for that purpose the senate did not do that expansion. Items 55 and 56 our technical differences in the language the senate is the correct version. Turning into page 17, item 57 and 58 they're together the house funded three positions in item 58 for training academy instructors the Salem Burg, the Senate and we put in the sexual assault investigator training, and item 59 is the workers compensation adjustment for BAJ Madam Chair that's all for the department of justice William is next with the report. Any questions about the plumber justice? Okay William Thank you Madam Chair, turn into page 18 flipping over the items for sorry adjustments, items 63 at the bottom of 18 and 64 at the top of 19 go together. The house funded additional private appointing council funds at 3.4 million. The Senate gave 4.4 million to the X fund also includes information about the increase. Item 65 is a house only item, the house funded 1.6 million non-recurring for adjust link which provides automatic key as on local confinement facilities the senate denied this out, item 66 capital defender's office

the Senate cut capital Defender's Office by seven positions for $750, 000 recurring in each year, and then Item 67 as the workers public reserve whether they are warping $895 Turning to page 21, this is our salary reserve I do want to note that 69 and 70 are in an agreement in the house and the senate, providing steps for the courts and magistrates. Skipping over to page 22, Item 74 and 75 go together. Item 74 the house provided 300, 000 recurring in 1516, 11.7 million non recurring in that year, and then 640 recurring in 16 17, and basically 7 million non recurring in 1617 for recorded information technology fund, Administrative officer of the court. The senate, you'll see in 1516, the senate provided $567, 000 for one of the projects of that the AOC wants to perform and, has a special provision that you'd here about tomorrow directing AOC to come up with strategic plan. for the coded information technology project.  Item 76 and 77 go together, the amounts are in agreement, this provides money for interpreters, expert witnesses and juries, bringing them up to current expenditures, the senate language is a little more technically correct. Item 78, 79 and then 80 on the next page all go together. So 78 and 79 are house items that more or less drew up part of AOC's operating budget, and then item 80 on the next page, combines the funds that you see in 78 and 79, but they more or less go for the same purposes, so instead of being two items, you have one item, they amount is slightly different in 78 and 79 the amount is 1.9 and 1.5 3.4, Thank you, I can do math on the slide. Okey 3.4 million recurring and as you can see it's 3.3 million recurring on the senate side on the first year, so we'll release  together as you discuss it Item 81 on page 24 the Senate Kirk, three special superior court judge shift at the end of their term. For savings that you see here 70000 the first year, 600000 the second at the end of this there would be five business court judges and seven special superior court judges seek travel. Item 82 and 83 go together they're not the same amounts the house provided, the recurring amount is the same, the non recurring is not the same, the house provide 938, 000 non recurring the first year and the Senate 538 non-recurring in the first year, these are to provide staff and facilities for the New Business Court Judges. Items 84 and 85, are basically the same. The senate version is, the language is technically different and more technically correct, and then item 86 is the Workers Comp Reserve for AAC. The questions  abut AAC. Interesting in the contrary, I may cover some special funds, and let me just apologize in advance for the printing, you're going to have to shift it around a little bit special fund is on page 26. This is a house only item and this is the funding for the [xx]. So this is transferring the funds out that they want the Committee Confinement from cash balance to the general fund for the firing range. On page 28. This is the ABC commission, this is identical on the house. The senate in defending for underage and the underage drinking [xx] the same Turning to page 30, this is a continuation APS for the murder carrier, the APS defense program in the highway patrol. This is one of the funds that are transferred from the highway fund to DPS to support the 94 triple position for motor carrier safety assistance.

This program is funded nonrecurring in the first year and  will be eliminated or restored depending onwhat your decision is next year. The how Web show will be required to provide to you a report  on which is basically a certification  for continuing the program. And that's the language of the front of the senate bill that explain that, and then finally page this is senate only item, this is a community correction fund item that you saw. This is appropriating some additional receipts in the community correction section that is basically allowing community correction to extend receipt for a slightly different purpose than what this bill is collective for originally. Madam Chair. Any question? OK Representative [xx] You mentioned the motor carriers and we are very pleased. Right. How many programs were funded through the highway trust fund [xx] and also [xx] Madam Chair, John is one of the provision right know I believe that I have listed down the prices and I do not know the amount that are actually lifted there, but we can get it for you later on. Follow up please. Let's talk about the non transfer of the highway fund into general fund how is that going to affect the [xx]? Well Madam Chair, in the current budget in this budget there was a transfer from the highway for about $200 hundred million to the general fund, this transfer first occurred back in 2011 and was originally hiding with the highway patrol, highway patrol used to be funded from the highway fund. And so in 2011 you all transferred the highway patrol to general fund for poor and then made this transfer from the highway directly into the general fund and many [xx] between the highway fund and the highway patrol, so there is no correlation between the transfer from the highway fund and the highway patrol budget there's no correlation at all. What the senate has done in their budget is eliminate that transfer, so they have just taken out $200 million out of the availability statement and are no longer going to change $200 million into the highway fund, it reduces general fund availability about $200 million it does not have any impact whatsoever on the department of Public Safety budget [xx] talk to the transportation business[sp?] [xx] direct line I'm just programs are you say come out of the highway trust fund and then the amount of dollars that's taken away and you're saying it's not going to affect our budget? I'm privately involved, I was probably been confusing, now those are two different things. The transfer to the general fund to a $ million transfer to general fund is not related to continuation budget item these are the continuation review items. Continuation review items are things that are that highway [xx] money is transferred from the highway fund to the [xx] there's no it doesn't go through the general fund first it goes straight from one agency to another, and so those are the ones that are being to continuation review John looked at the provision I think he may know how many they are.  Representative [xx] there 13 programs and look at the dollar amount for you to have for tomorrow and there across multiple committees, so to clarify if I may the highway trust fund money does not go into the general fund and then redistributed through DPS not for the $200 million. Not for 13 [xx] No for the 13 programs that does not go through the general fund it goes straight whatever [xx] so it's a direct transfer from in it says that in highway patrol budget as they transfer from [xx] that exactly what it is, is not a general fund appropriation.  Follow-up. Any other question? Have you sent a new claim? Yes, thank you Mr. Chair, when we go back to worker's camp, I know that

you will be employing, we will be employing workers, we're using any of that workers come earning along with the salaries reserve are we managing or are we freezing those salaries. Move them aside and not let them be utilized or bring people up I'm thinking if we are eliminating system of positions its category, we may have to fill some of those positions [xx] look we would rather hustle one at a higher salary than the person that we eliminated it depends where we are pulling those dollars from, we are pulling dollars from workers com in order to fill in the gap I have, I want to have high five people and I need $30, 000 I'm allowed as a manager to deep in to that fund to make that salary good, I'm not sure [xx] the short of answer to your question is no and the longest answer to your question is so workers com the preparation for workers come in the senate budget will be used for workers come GPS typically spends about 35 million dollars a year on workers com they high workers comp expenditures per month they had a highest expenditures in the state per [xx] they have the most TE of any agency in the state, but also because collection officers highway patrol and FBI early all those staff work in relatively dangerous places and so they have higher workers come expenditures the workers com money will be used for workers corn I think what you are talking about if they have say they have a position that's vacant somebody leave that position they are going to hire into that position in most cases that position is going to be hired at a lower salary then what's currently in there especially if you have somebody who's been in there for 10 or 15 or 20 years they have had salary increases and [xx] increases that will not available to somebody who comes in as a minimum salary level to start out so they are going to be actually lower and not how you generate salary reserve say you have a salary that position that is budgeted $50, 000 and somebody get hired into that position $40, 000 you generated $10, 000 in towery reserve that money can be used to give other positions increases because that's a recurring source of money last salary is a non recurring source of money it only a generated when you have a position that's budgeted for four full year, but the position is not filled all year so say have you've have a collection officer position and it's filled on July 1 the person. And it leaves on August 1st, so then they don't hire anybody new again until January 1 because it takes a long time to hire people. So they've generated five months of  that salary. It's non-recurring source of funding. Excellent, thank you. Any further questions? Lady. Well since we have session at 10 o'clock I was going others a chance to speak, but I think we need to probably adjourn and be able to [xx] general. Okay. Give my confidence to the commission guys for the events over the weekend his staff and Neo, and congratulation. And I think it's all of these which I understand, and all over the country, especially for terrorist.   [xx] This [xx] sound proof. That's right, that's right, I didn't see you come in, sorry, alright we adjourns.