NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 930

SENATE BILL 55

 

 

AN ACT TO AMEND CHAPTER 143 OF THE GENERAL STATUTES TO PREVENT THE IMPROPER EXPENDITURE OR TRANSFER OF FUNDS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-32 is hereby amended by designating the present section as subsection (a), and by adding a new subsection (b) to read as follows:

"(b)      Any member or members of any board of trustees, board of directors, or other controlling body governing any of the institutions of the State, or any officer, employee of, or person holding any position with any of the institutions of the State, or other State agency as herein defined, who willfully acts to divert, use, or expend any funds appropriated for the use of said institution or agency, in a manner designed to circumvent the provisions of this act, including normal reversions of State funds, by failing to properly receive or deposit funds, or by the improper expenditure or transfer of funds for any purpose other than that for which the funds were appropriated and budgeted, shall be guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court. All offenses against this section shall be held to have been committed in the County of Wake and shall be tried and disposed of in the General Court of Justice for Wake County. If such offender be not an officer elected by vote of the people, conviction of such offense shall be sufficient cause for removal from office or dismissal from employment by the Governor upon 30 days' notice in writing to such offender."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 1st day of July, 1977.