NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 1212
SENATE BILL 1005
AN ACT TO MAKE SUPPLEMENTAL MODIFICATIONS TO CURRENT OPERATION AND CAPITAL EXPENDITURE APPROPRIATIONS FOR NORTH CAROLINA STATE GOVERNMENT FOR THE FISCAL YEAR 1980 81, AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE.
The General Assembly of North Carolina enacts:
—SUPPLEMENTAL MODIFICATIONS/1980-81 BUDGET
Section 1. This act provides the text to make supplemental modifications to current operation and capital expenditure appropriations for North Carolina State Government for the fiscal year 1980-81, and it makes other changes in the budget operation of the State. The majority of the 1980 legislation on the 1980-81 State budget is in Chapter 1137 of the 1979 Session Laws.
*****
An outline of the provisions of the act follows this section. The outline shows the heading "—CONTENTS/INDEX—", and it lists by general category the descriptive captions for the various sections and groups of sections that make up the act.
—CONTENTS/INDEX—
(This outline is designed for reference only, and it in no way limits, defines, or prescribes the scope or application of the text of the act.)
—SUPPLEMENTAL MODIFICATIONS/ 1980-81 BUDGET
Section 1.
PART I.—SPECIAL PROVISIONS—SALARIES AND BENEFITS
—ACCESS TO EMPLOYMENT SECURITY COMMISSION REPORTS
Sec. 2.
—STUDY SALARY OF ASSISTANT DISTRICT ATTORNEYS
Sec.3.
PART II.—SPECIAL PROVISIONS—CULTURAL RESOURCES
—FORT DEFIANCE APPROPRIATION
Sec. 4.
—TARBORO BLOUNT HOUSE APPROPRIATION
Sec.5.
PART III.—SPECIAL PROVISIONS—DEPARTMENT OF PUBLIC EDUCATION
—CONTRACT TRANSPORTATION BUS PURCHASES
Sec. 6.
—GENERAL STUDY OF SCHOOL TRANSPORTATION
Sec. 7.
—EDWIN GILL THEATER APPROPRIATION
Sec. 8.
PART IV.—SPECIAL PROVISION—MEDICAID—AMEND—MEDICAID
CITATION ON GENERIC DRUGS
Sec. 9.
PART V.—SPECIAL PROVISION—STATE BUREAU OF INVESTIGATION
—UTILITY EMPLOYEE BACKGROUND INVESTIGATION FEES/STATE
BUREAU OF INVESTIGATION
Sec. 10.
PART VI.—SPECIAL PROVISIONS—IMPROVE GOVERNMENT OPERATIONS
—STUDY OPERATION OF LABORATORIES
Sec. 11.
—COORDINATION OF ENVIRONMENTAL PROGRAMS
Sec. 12.
—FEDERAL FUNDS REPLACEMENT
Sec. 13.
PART VII.—SPECIAL PROVISIONS—SUPPLEMENTAL ACT—EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY 1980-81
Sec. 14.
—SEVERABILITY CLAUSE
Sec. 15.
—CAPTIONS NOT LIMIT TEXT/ONLY FOR REFERENCE
Sec. 16.
—EFFECTIVE DATE
Sec. 17.
Sec. 18.
PART I.—SPECIAL PROVISIONS—SALARIES AND BENEFITS
—ACCESS TO EMPLOYMENT SECURITY COMMISSION REPORTS
Sec. 2. G.S. 96-4(g)(1) is amended by inserting on line 15 after the word "duties" and before the parenthesis, the following phrase:
", including the information required to be obtained pursuant to G.S. 128-27(e), G.S. 135‑5(e), and G.S. 143-166(y)"
—STUDY SALARY OF ASSISTANT DISTRICT ATTORNEYS
Sec. 3. The North Carolina Courts Commission is directed to study the salaries of assistant district attorneys in this State and to report to the 1981 General Assembly no later than March 1, 1981, its recommendations for a salary schedule for that office.
PART II.—SPECIAL PROVISIONS—CULTURAL RESOURCES
—FORT DEFIANCE FUNDS APPROPRIATION
Sec. 4. Chapter 1045 of the 1979 Session Laws is amended in Section 1 by inserting after the language, "the sum of ten thousand dollars ($10,000)" in line 3, the language, "and for the 1980-81 fiscal year the sum of ten thousand dollars ($10,000)", and is further amended in Section 1 by deleting the period at the end of the section and substituting, "in each of the fiscal years 1979-80 and 1980-81."
—TARBORO BLOUNT HOUSE APPROPRIATION
Sec. 5. Chapter 1035 of the 1979 Session Laws is amended in Section 1 by inserting after the language "fifteen thousand dollars ($15,000)" in line 3, the language, "and for the fiscal year 1980-81 the sum of fifteen thousand dollars($15,000)", and is further amended in Section 1 by deleting the period after the word "Tarboro" in line 7, and substituting, "in each of the fiscal years 1979-80 and 1980-81."
PART III.—SPECIAL PROVISIONS—DEPARTMENT OF PUBLIC EDUCATION
—CONTRACT TRANSPORTATION BUS PURCHASES
Sec. 6. (a) Funds appropriated to the Department of Public Education for the 1980-81 fiscal year by Section 2 of Chapter 838 of the 1979 Session Laws, as amended by Chapter 1137 of the 1979 Session Laws, for contract transportation to serve exceptional children, may be used by local boards of education for the purchases of buses and minibuses as well as for the purposes already authorized by law. Such purchases are subject to approval as provided in subsection (b) of this section.
(b) No bus or minibus may be purchased under the authority of this section except under criteria established by rule by the State Board of Education ensuring that such purchases will result in a net saving to the State over a two- year period. Such rules may establish additional specifications for the vehicles to ensure that they meet the special needs of exceptional children, and may require that the State Board of Education or a person designated by it approve such purchases.
(c) This section is intended as an interim solution; therefore, the State Board of Education shall adopt rules within 60 days of ratification of this act, so that it may be used for the 1980-81 school year. The provisions of G.S. 150A-13 may be used.
(d) Any vehicles purchased under the authority of this section shall be subject to G.S. 115-188, with the exception of subsection (h) of that section.
(e) If any vehicle purchased under the authority of this section is sold prior to the time of replacement by the State Board of Education, proceeds from such sale shall be distributed in a pro rata amount to the sources from which the vehicle was originally funded. If the vehicle is replaced by the State Board of Education through its replacement program, then all proceeds from such sale shall be transmitted to the State Board of Education.
(f) The State Board of Education shall issue rules to implement this section and rules governing the allocation of funds for contract transportation for exceptional children, and further shall monitor expenditures by school units to ensure economy and efficiency in the use of funds under this section.
In case of conflict between the provisions of this section and the provisions of G.S. 115‑181, the provisions of this section shall prevail to the extent of the conflict.
—GENERAL STUDY OF SCHOOL TRANSPORTATION
Sec. 7. (a) It is believed that the State can substantially reduce school transportation costs by encouraging all local school units to use school buses to transport exceptional students, as well as by modifying other transportation procedures which offset operating costs.
(b) The Legislative Research Commission shall study the costs, operation, and management of the State's program of school pupil transportation. The Department of Public Education and the local school administrative units shall provide such information as is requested on this subject by the commission or a committee of that commission. The commission shall report to the 1981 General Assembly.
—EDWIN GILL THEATER APPROPRIATION
Sec. 8. The last sentence of Section 1 of Chapter 994 of the 1979 Session Laws is repealed.
PART IV.—SPECIAL PROVISION—MEDICAID
—AMEND MEDICAID CITATION ON GENERIC DRUGS
Sec. 9. Section 23 of Chapter 838 of the 1979 Session Laws is amended in the first line of the last paragraph by deleting the language, "G.S. 90-76", and substituting, "Part 1A of Article 4 of Chapter 90 of the General Statutes"
PART V.—SPECIAL PROVISIONS—STATE BUREAU OF INVESTIGATION
—UTILITY EMPLOYEE BACKGROUND INVESTIGATION FEES/STATE BUREAU OF INVESTIGATION
Sec. 10. G.S. 62-333 is amended by rewriting the last sentence to read as follows: "The State Bureau of Investigation is authorized to retain fees charged pursuant to this section and to expend those fees in accordance with the Executive Budget Act for the purpose of discharging its duties under this section."
PART VI.—SPECIAL PROVISIONS—IMPROVE GOVERNMENT OPERATIONS
—STUDY OPERATION OF LABORATORIES
Sec. 11. The Office of Administrative Analysis of the Department of Administration is directed to conduct a study of the current operations of laboratories operated by the Departments of Agriculture, Human Resources, and Natural Resources and Community Development. The study shall include analyses of staff workloads, equipment utilization and capacity, administration and operation, and possible savings and increased efficiency from consolidation or other methods of cooperation. The Departments of Agriculture, Human Resources, and Natural Resources and Community Development are directed to provide any data or technical assistance requested by the Office of Administrative Analysis and to fully cooperate in the study effort. The study, with recommendations, shall be filed with the President of the Senate, the Speaker of the House, and the Chairmen of the Senate and House Appropriations Committees by March 1, 1981.
—COORDINATION OF ENVIRONMENTAL PROGRAMS
Sec. 12. In developing the 1981-83 biennial budget, the Departments of Agriculture, Human Resources, and Natural Resources and Community Development are directed to coordinate any requests for additional funds in the areas of environmental management and environmental health, including, but not limited to, water quality and supply, and waste and sewage disposal. Any request for new funding in environmental management and environmental health shall be accompanied by (1) a plan outlining coordination between or among these departments in the specific program; (2) proposed agreements between or among these departments defining the areas or responsibility to be handled by each department; and (3) and analysis indicating the degree of overlap or duplication of comparable or similar efforts in these or other departments, and proposed changes to eliminate possible overlap or duplication.
—FEDERAL FUNDS REPLACEMENT
Sec. 13. The five hundred thousand dollar ($500,000) Reserve for Loss of Federal Funds appropriated in Section 2 of Chapter 1137 of the 1979 Session Laws shall be allocated only with the approval of the Advisory Budget Commission. Prior to submission to the Advisory Budget Commission, the Office of State Budget and Management shall make a determination that the loss of federal funds would prevent the continuation of an essential program. None of the funds from this reserve shall be used to replace Comprehensive Employment and Training Act Funds or Law Enforcement Assistance Act Funds.
Funds received from the Reserve pursuant to this section shall not be included in the continuation budget for the 1981-83 biennium.
PART VII.—SPECIAL PROVISIONS—SUPPLEMENTAL ACT
—EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY 1980-81
Sec. 14. Except for codified statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1980-81 fiscal year, the textual provisions of this act shall apply only to funds appropriated for, and activities occurring during, the 1980‑81 fiscal year.
—SEVERABILITY CLAUSE
Sec. 15. If any section or provision of this act is declared unconstitutional or invalid by the courts, the decision of the court shall not affect the validity of the act as a whole or the validity of any part other than the part declared to be unconstitutional or invalid.
—CAPTIONS NOT LIMIT TEXT/ONLY FOR REFERENCE
Sec. 16. The series of captions used in this act (the descriptive phrases in all capital letters identified by parts numbered with Roman numerals or preceded by five hyphens) are inserted for convenience and reference only, and they in no way define, limit, or prescribe the scope or application of the text of the act.—EFFECTIVE DATES
Sec. 17. All sections of this act except Section 10 shall become effective July 1, 1980.
Sec. 18. Section 10 of this act is effective retroactive to March 30, 1980.
In the General Assembly read three times and ratified, this the 24th day of June, 1980.