12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO IMPLEMENT THE "LEADING INVESTMENTS IN FAMILIES AND FOSTER 2 |
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14 | 15 | | TEENS ACT" AND TO IMPLEMENT THE HEALTHY START NC PROGRAM TO 3 |
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15 | 16 | | REDUCE MATERNAL MORTALITY AND CHILDHOOD POVERTY AND TO OFFSET 4 |
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16 | 17 | | COSTS BY MODIFYING THE CORPORATE INCOME TAX RATE SO AS TO KEEP 5 |
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17 | 18 | | THE EFFECTIVE TAX RATE FOR CORPORATE TAXPAYERS MORE CLOSELY 6 |
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18 | 19 | | ALIGNED WITH THAT WHICH IS REQUIRED OF INDIVIDUAL TAXPAYERS OF 7 |
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19 | 20 | | THE STATE. 8 |
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20 | 21 | | Whereas, wealth and income inequality, which have long plagued North Carolina and 9 |
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21 | 22 | | the country, continue to grow; and 10 |
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22 | 23 | | Whereas, structural poverty in our State leads to economic inequality, limited access 11 |
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23 | 24 | | to education, healthcare, and affordable housing, and high rates of incarceration and 12 |
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24 | 25 | | environmental hazards. These systemic disparities have created cycles of poverty across 13 |
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25 | 26 | | generations, leading to underemployment, poor health outcomes, and lower educational 14 |
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26 | 27 | | advancement; and 15 |
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27 | 28 | | Whereas, a 2025 Bankrate survey found that fifty-nine percent (59%) of Americans 16 |
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28 | 29 | | don't have enough savings to cover an unexpected $1,000 emergency expense; and 17 |
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29 | 30 | | Whereas, we can keep more people out of poverty created by expected or unexpected 18 |
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30 | 31 | | life changes, or emergencies, by providing targeted populations with recurring payments when 19 |
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31 | 32 | | they need it most; and 20 |
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32 | 33 | | Whereas, building on the successes and learnings of City of Durham's guaranteed 21 |
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33 | 34 | | income pilot, Excel, and Durham County's program, DCo Thrives, we can disrupt structural 22 |
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34 | 35 | | poverty across North Carolina by zeroing in populations that are most susceptible to financial 23 |
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35 | 36 | | hardship; and 24 |
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36 | 37 | | Whereas, this act shifts the paradigm from reacting to poverty to preventing poverty; 25 |
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37 | 38 | | Now, therefore, 26 |
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38 | 39 | | The General Assembly of North Carolina enacts: 27 |
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39 | 40 | | SECTION 1.(a) Article 3 of Chapter 143B of the General Statutes is amended by 28 |
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40 | 41 | | adding a new Part to read: 29 |
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41 | 42 | | "Part 3B. 30 |
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42 | 43 | | "Leading Investments in Families and Foster Teens Act. 31 |
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43 | 44 | | "§ 143B-146.30. Short title. 32 |
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44 | 45 | | This act shall be known and may be cited as the "Leading Investments in Families and Foster 33 |
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45 | 46 | | Teens Act." 34 |
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46 | 47 | | "§ 143B-146.31. Definitions. 35 |
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49 | 54 | | (1) Department. – The Department of Health and Human Services. 1 |
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50 | 55 | | (2) Eligible recipient. – A high school participant, expectant or new mother 2 |
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51 | 56 | | participant, survivor of a natural disaster, or young adult exiting foster care 3 |
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52 | 57 | | participant, who meets the criteria to receive Program income payments under 4 |
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53 | 58 | | the Program. 5 |
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54 | 59 | | (3) High school participant. – A public school student who is in Grade 12 and is 6 |
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55 | 60 | | a homeless child or youth, as defined in 42 U.S.C. § 11434a(2). 7 |
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56 | 61 | | (4) Expectant or new mother participant. – A person who is pregnant or a person 8 |
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57 | 62 | | who birthed a child and that child is under 18 months of age. 9 |
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58 | 63 | | (5) Survivor of a natural disaster. – Individuals that are eligible to receive Federal 10 |
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59 | 64 | | Emergency Management Agency Individual Assistance or FEMA individual 11 |
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60 | 65 | | assistance funds. 12 |
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61 | 66 | | (6) Young adult exiting foster care participant. – Anyone who was in foster care 13 |
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62 | 67 | | after 14 years of age, who exited foster care after 16 years of age, and who has 14 |
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63 | 68 | | not yet turned 27 years of age. 15 |
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64 | 69 | | (7) Fund. – The LIFT Fund. 16 |
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65 | 70 | | (8) Liaison. – A local educational agency liaison for homeless children and youths 17 |
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66 | 71 | | and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) 18 |
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67 | 72 | | of Title 42 of the United States Code. 19 |
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68 | 73 | | (9) LIFT. – Leading Investments in Families and Foster Teens. 20 |
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69 | 74 | | (10) Program. – The Leading Investments in Families and Foster Teens (LIFT) 21 |
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70 | 75 | | Program. 22 |
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71 | 76 | | (11) Program income payment. – Cash payments of equal amounts issued monthly 23 |
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72 | 77 | | to eligible recipients with the intention of stabilizing the eligible recipients' 24 |
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73 | 78 | | financial security and to protect from emergency expenditures. 25 |
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74 | 79 | | (12) Taxable year. – As defined in G.S. 105-153.3. 26 |
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75 | 80 | | "§ 143B-146.32. Program. 27 |
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76 | 81 | | There is established the Leading Investments in Families and Foster Teens Program is 28 |
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77 | 82 | | established within the Department to support eligible recipients with Program income payments 29 |
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78 | 83 | | for limited periods of time in accordance with the Program. Eligible recipients shall only receive 30 |
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79 | 84 | | funds to the extent that the Program income payments do not conflict with federal law, eligibility 31 |
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80 | 85 | | for other federal of State programs, or any necessary waivers or exemptions for State or federal 32 |
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81 | 86 | | benefits that are jeopardized. Eligible recipients shall receive payments of one thousand dollars 33 |
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82 | 87 | | ($1,000.00) per month in accordance with the following schedule: 34 |
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83 | 88 | | (1) High school participants shall receive Program income payments beginning 35 |
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84 | 89 | | April 1 and continuing through to August 1 on the first business days of each 36 |
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85 | 90 | | of those months. These payments begin on April 1, 2026, and continue 37 |
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86 | 91 | | through April 1, 2035, during those months listed above. 38 |
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87 | 92 | | (2) Young adults exiting foster care shall receive Program income payments 39 |
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88 | 93 | | beginning April 1, 2026, through to April 1, 2035, on the first business day of 40 |
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89 | 94 | | each month. 41 |
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90 | 95 | | (3) Expectant or new mothers shall receive Program income payments beginning 42 |
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91 | 96 | | April 1, 2026, through to April 1, 2035, on the first business day of each 43 |
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92 | 97 | | month. 44 |
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93 | 98 | | (4) Beginning April 1, 2026, through to April 1, 2035, survivors of a natural 45 |
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94 | 99 | | disaster shall receive Program income payments the first business day of each 46 |
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95 | 100 | | month for 12 months after qualifying for Federal Emergency Management 47 |
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96 | 101 | | Agency Individual Assistance. 48 |
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97 | 102 | | "§ 143B-146.33. Fund. 49 |
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98 | 103 | | The LIFT Fund is hereby established within the Department as a nonreverting, 50 |
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99 | 104 | | interest-bearing account to receive appropriations, gifts, grants, federal funds, donations, and any 51 General Assembly Of North Carolina Session 2025 |
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101 | 106 | | other funds to support this Program. The Department shall administer the Fund. Interest earned 1 |
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102 | 107 | | shall become part of the Fund. Monies in the Fund are hereby appropriated for the purposes set 2 |
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103 | 108 | | forth in this Part and shall not be diverted for other purposes. 3 |
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104 | 109 | | "§ 143B-146.34. Agency coordination. 4 |
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105 | 110 | | The Department shall coordinate with the Department of Public Instruction, the Division of 5 |
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106 | 111 | | Social Services, the Division of Public Health, and the Department of Public Safety, Division of 6 |
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107 | 112 | | Emergency Management, for the respective eligible recipients under the Program to distribute 7 |
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108 | 113 | | Program income payments. 8 |
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109 | 114 | | "§ 143B-146.35. Taxation of Program income payments. 9 |
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110 | 115 | | Notwithstanding any provision of law to the contrary, receipt of Program income payments 10 |
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111 | 116 | | shall not be (i) considered taxable income for the purposes of State income taxes, (ii) considered 11 |
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112 | 117 | | in calculating any State tax credits, (iii) used to offset any liabilities owed by an eligible recipient, 12 |
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113 | 118 | | and (iv) affect income eligibility of the eligible recipient or the household of the eligible recipient 13 |
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114 | 119 | | for any public assistance, benefits, or programs administered or funded by the State. To the extent 14 |
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115 | 120 | | that this Program would create a conflict between receipt of Program income payments and the 15 |
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116 | 121 | | federal program aid, the State agency shall seek to obtain federal exemptions or waivers 16 |
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117 | 122 | | necessary, if available, in order to execute both programs fully for eligible recipients. The 17 |
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118 | 123 | | Department may seek alternative payment methods for the Program through rulemaking, if 18 |
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119 | 124 | | necessary, due to a federal program conflict." 19 |
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120 | 125 | | SECTION 1.(b) The Department of Health and Human Services may adopt rules to 20 |
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121 | 126 | | implement the provisions of this act. 21 |
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122 | 127 | | SECTION 1.(c) G.S. 143B-146.35, as enacted by this act, is effective for taxes 22 |
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123 | 128 | | imposed for taxable years beginning on or after January 1, 2026. The remainder of this section 23 |
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124 | 129 | | becomes effective July 1, 2025. 24 |
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125 | 130 | | SECTION 2.(a) Program. – Of the funds received by the State and appropriated to 25 |
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126 | 131 | | the Department of Health and Human Services from the Temporary Assistance for Needy 26 |
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127 | 132 | | Families (TANF) Block Grant, the Department shall allocate to the Division of Social Services 27 |
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128 | 133 | | (Division) the recurring sum of one hundred sixty-one million six hundred thousand dollars 28 |
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129 | 134 | | ($161,600,000) for each year of the 2025-2027 fiscal biennium to implement the Healthy Start 29 |
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130 | 135 | | NC Program (Program). In addition, there is appropriated from the General Fund to the 30 |
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131 | 136 | | Department the recurring sum of one hundred forty-six million three hundred thousand dollars 31 |
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132 | 137 | | ($146,300,000) for each year of the 2025-2027 fiscal biennium to be allocated to the Division of 32 |
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133 | 138 | | Social Services for implementation of the Program. The purpose of the Program is to provide 33 |
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134 | 139 | | nonrecurrent, short-term benefits in the form of prenatal and infant cash allowances to meet 34 |
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135 | 140 | | pre- and post-birth needs of expecting mothers and babies. 35 |
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136 | 141 | | SECTION 2.(b) Administration. – The Division shall develop detailed guidelines to 36 |
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137 | 142 | | administer, and accomplish the purposes of, the Program. The Division, in administering the 37 |
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138 | 143 | | Program, shall do all of the following: 38 |
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139 | 144 | | (1) Study, and make any amendments necessary to, the TANF State plan, 39 |
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140 | 145 | | including what was approved in Section 9J.1 of S.L. 2023-134, to implement 40 |
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141 | 146 | | the Program. Notwithstanding any provision of law to the contrary, the 41 |
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142 | 147 | | Division may modify the State plan to accomplish the purposes of this act. To 42 |
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143 | 148 | | the extent the Division identifies State laws modified pursuant to the authority 43 |
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144 | 149 | | provided in this subsection, the Division shall make recommendations to the 44 |
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145 | 150 | | General Assembly for legislative changes needed. 45 |
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146 | 151 | | (2) Define childbirth as a specific crisis situation and episode of need and take 46 |
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147 | 152 | | other steps required to use TANF funds to provide nonrecurrent, short-term 47 |
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148 | 153 | | benefits to families who give birth to a child. In so doing, the Division shall 48 |
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149 | 154 | | follow the guidance from the United States Department of Health and Human 49 |
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150 | 155 | | Services, Administration of Children and Families Office of Family 50 |
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151 | 156 | | Assistance, for funding the Program in conformity with this section. 51 General Assembly Of North Carolina Session 2025 |
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153 | 158 | | (3) Adopt policies, including a compliant means-based test at the time of birth for 1 |
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154 | 159 | | Program recipients (such as Medicaid or a percentage of the federal poverty 2 |
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155 | 160 | | level), to identify needy families that can be supported with TANF Block 3 |
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156 | 161 | | Grant dollars in a manner that will neither trigger time limits or work 4 |
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157 | 162 | | requirements nor adversely affect entitlement to other State or federal aid. The 5 |
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158 | 163 | | Division shall collect and review information relevant to the means-based 6 |
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159 | 164 | | eligibility determination required by this section. 7 |
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160 | 165 | | (4) Identify and partner with a nonprofit organization to administer the Program. 8 |
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161 | 166 | | As a condition of partnering with the nonprofit organization, the Division shall 9 |
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162 | 167 | | require that the organization (i) deliver programmatic funding to families as a 10 |
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163 | 168 | | private gift below applicable federal maximums in such a way as to make it 11 |
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164 | 169 | | non-taxable and protect, to the maximum extent possible, the receipt of other 12 |
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165 | 170 | | social benefits and (ii) engage in fundraising efforts to spur the receipt of funds 13 |
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166 | 171 | | donated through private philanthropy to expand the reach of the Program so 14 |
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167 | 172 | | as to provide programmatic funding to families that do not qualify under 15 |
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168 | 173 | | subdivision (3) of this subsection. 16 |
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169 | 174 | | (5) Identify and report annually to the General Assembly on the number of 17 |
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170 | 175 | | families receiving aid, broken down by those supported using TANF funds 18 |
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171 | 176 | | and those supported using private funds, the total amount of private funds 19 |
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172 | 177 | | raised through fundraising efforts, and additional needs or resources that 20 |
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173 | 178 | | would assist the Division in maximizing private fundraising efforts. 21 |
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174 | 179 | | SECTION 2.(c) Use. – Awards of programmatic funding shall be subject to all of 22 |
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175 | 180 | | the following: 23 |
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176 | 181 | | (1) A one-time award to an expecting mother during pregnancy in the amount of 24 |
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177 | 182 | | one thousand five hundred dollars ($1,500) for needs determined by the 25 |
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178 | 183 | | mother, including food, prenatal care, rent, and other needs. 26 |
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179 | 184 | | (2) A monthly award for the maximum amount of time permitted under federal 27 |
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180 | 185 | | law to qualify as nonrecurrent, short-term benefits, not to exceed the first year 28 |
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181 | 186 | | after giving birth to the mother in the amount of five hundred dollars ($500.00) 29 |
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182 | 187 | | per month for needs of the baby determined by the mother, including formula, 30 |
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183 | 188 | | diapers, child care, and other needs. 31 |
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184 | 189 | | (3) Awards utilizing TANF funds shall use, and be limited by, the means-based 32 |
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185 | 190 | | test provided in subdivision (b)(3) of this section, other applicable federal 33 |
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186 | 191 | | restrictions, and this section to ensure the funds are used solely to benefit 34 |
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187 | 192 | | eligible families. 35 |
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188 | 193 | | (4) Awards utilizing funds raised by the nonprofit organization with which the 36 |
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189 | 194 | | Division partners pursuant to subdivision (b)(4) of this section shall be used, 37 |
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190 | 195 | | first, to augment awards for families that qualify for TANF funds under 38 |
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191 | 196 | | subdivision (3) of this subsection to the maximum amount permitted by this 39 |
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192 | 197 | | section and, thereafter, to beneficially impact as many other families as 40 |
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193 | 198 | | possible; provided that, such awards shall not exceed the amounts and 41 |
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194 | 199 | | purposes permitted in subdivisions (1) and (2) of this subsection. 42 |
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195 | 200 | | SECTION 2.(d) G.S. 105-130.3 reads as rewritten: 43 |
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196 | 201 | | "§ 105-130.3. Corporations. 44 |
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197 | 202 | | A tax is imposed on the State net income of every C Corporation doing business in this State. 45 |
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198 | 203 | | An S Corporation is not subject to the tax levied in this section. The tax is a percentage equal to 46 |
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199 | 204 | | two and one-quarter percent (2.25%) of the taxpayer's State net income computed as 47 |
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200 | 205 | | follows:income. 48 |
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201 | 206 | | Taxable Years Beginning Tax 49 |
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202 | 207 | | In 2025 2.25% 50 |
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203 | 208 | | In 2026 2% 51 General Assembly Of North Carolina Session 2025 |
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