NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1137

SENATE BILL 947

 

 

AN ACT TO MODIFY CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS 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:

 

—APPROPRIATIONS FOR MAXIMUMS/REVERT BALANCES

Section 1.  The appropriations made in this act are for maximum amounts necessary to provide the services and accomplish the purposes described in the State budget. Savings shall be effected where the total amounts appropriated shall not be required to perform these services and accomplish these purposes, and except as allowed by the Executive Budget Act or this act, the savings shall be reverted to the appropriate fund at the end of the fiscal year.

*****

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.]

—APPROPRIATIONS FOR MAXIMUMS/REVERT BALANCES

Section 1.

PART I.—CURRENT OPERATIONS—GENERAL FUND

Sec. 2.

PART II.—CURRENT OPERATIONS—HIGHWAY FUND

Sec. 3.

PART III.—CAPITAL IMPROVEMENTS—GENERAL FUND

Sec. 4.

PART IV.—CAPITAL IMPROVEMENTS—HIGHWAY FUND

Sec. 5.

—MOST STATE EMPLOYEES/TEN PERCENT SALARY INCREASE ADMIN.

Sec. 6.

—LEGISLATIVE EMPLOYEES/TEN PERCENT SALARY INCREASE

Sec. 7.

—GENERAL ASSEMBLY PRINCIPAL CLERKS/SALARY INCREASES

Sec. 8.

—MEMBERS OF THE GENERAL ASSEMBLY/SALARY INCREASES/EXPENSE ALLOWANCES

Sec. 9.

Sec. 9.1.

—JUDICIAL BRANCH OFFICIALS/SALARIES

Sec. 10.

—MAGISTRATES/SALARIES

Sec. 11.

—CLERKS OF COURT/SALARIES

Sec. 12.

—COMMUNITY COLLEGES PERSONNEL/SALARY INCREASES

Sec. 13.

—HIGHER EDUCATION ACADEMIC PERSONNEL/SALARY INCREASES

Sec. 14.

—WILDLIFE RESOURCES PERSONNEL/TEN PERCENT SALARY INCREASES

Sec. 15.

—SALARY RELATED CONTRIBUTIONS/EMPLOYERS

Sec. 16.

—SALARY ADJUSTMENT APPROPRIATIONS/AUTHORIZED TRANSFERS

Sec. 17.

—PERSONNEL MERIT SALARY FUND/COMMUNITY COLLEGES

Sec. 18.

—ACADEMIC PERSONNEL MERIT SALARY FUNDS/HIGHER EDUCATION

Sec. 19.

—TEACHERS IN THE PUBLIC SCHOOLS AND IN STATE DEPARTMENTS/SALARY SCHEDULE

Sec. 19.1.

Sec. 19.2.

—TEACHERS' AIDES/ONE STEP SALARY INCREMENT

Sec. 19.3.

—CLERICAL ASSISTANTS IN PUBLIC SCHOOLS/ONE STEP SALARY INCREMENT

Sec. 19.4.

—PUBLIC SCHOOL PERSONNEL/LONGEVITY

Sec. 20.

—COMMUNITY COLLEGE PERSONNEL/LONGEVITY

Sec. 21.

—STEP EIGHT MERIT INCREMENT/STATE EMPLOYEES

Sec. 22.

—STEP EIGHT MERIT INCREMENT/SCHOOL BUS MECHANICS AND
PROPERTY AND COST CLERKS

Sec. 23.

—ADDITIONAL MERIT INCREMENT/ADMINISTRATIVE AND
CLERICAL PERSONNEL IN THE JUDICIAL DEPARTMENT

Sec. 24.

—PER DIEM AND ALLOWANCES/STATE BOARDS, ETC.

Sec. 25.

—TRAVEL ALLOWANCES/STATE OFFICERS AND EMPLOYEES

Sec. 26.

—MOVING EXPENSES/STATE EMPLOYEES

Sec. 27.

—JUDICIAL OFFICIALS/TRAVEL ALLOWANCES

Sec. 28.

—ADVISORY BUDGET COMMISSION/TRAVEL ALLOWANCES

Sec. 29.

Sec. 29.1.

—SUBSISTENCE AND TRAVEL ALLOWANCES/MEMBERS OF THE GENERAL ASSEMBLY

Sec. 30.

—EXPENSE ALLOWANCE/GOVERNOR

Sec. 31.

—EXPENSE ALLOWANCE /LIEUTENANT GOVERNOR

Sec. 32.

—PERFORMANCE STANDARDS/ANNUAL EVALUATION/PUBLIC SCHOOL EMPLOYEES

Sec. 35.

—CONSULTANT CONTRACT/STUDY PROFESSIONAL PERSONNEL IN PUBLIC SCHOOLS

Sec. 36.

PART VI.—GENERAL PROVISIONS

—EXECUTIVE BUDGET ACT/BUDGET OFFICE

Sec. 37.

Sec. 38.

Sec. 39.

Sec. 40.

Sec. 41.

Sec. 41.1.

Sec. 41.2.

Sec. 43.

Sec. 44.

Sec. 45.

—ESTIMATION OF POPULATION

Sec. 46.

—COUNTY POPULATION ESTIMATES/DISTRIBUTION OF FUNDS

Sec. 47.

—INTANGIBLES TAX DISTRIBUTIONS/DISTRIBUTION OF TAXES

Sec. 48.

—LOCAL SALES TAX/DISTRIBUTION

Sec. 49.

—POWELL BILL APPROPRIATIONS/ALLOCATION OF FUNDS

Sec. 50.

—LICENSE AND EXCISE TAX /DISTRIBUTION OF TAX

Sec. 51.

—HIGHWAY FUND UNRESERVED BALANCES

Sec. 52.

—LEGAL ASSISTANCE/COMMISSIONER OF BANKS

Sec. 53.

—ADVANCE FUNDS FOR CHARLOTTE MAINTENANCE AND EQUIPMENT HEADQUARTERS

Sec. 54.

—AID TO PUBLIC LIBRARIES/CONSTRUCTION, ADDITIONS & RENOVATIONS COUNTY MEDICAID RELIEF FUNDS

Sec. 56.

—ENCOURAGE COUNTIES TO MEET THEIR LOCAL SOCIAL SERVICES BUDGET OBLIGATIONS

Sec. 57.

—AREA MENTAL HEALTH PROGRAMS/FUNDS

Sec. 58.

—REST HOME RATE INCREASE

Sec. 58.1.

—CHILD CARING FUNDS REALLOCATED

Sec. 58.2.

Sec. 58.3.

—ENERGY DIVISION/COMMERCE

Sec. 59.

—STATE PORTS CONSTRUCTION FUNDS

Sec. 61.

—CASH FLOW/HIGHWAY FUND APPROPRIATIONS

Sec. 62.

—INCREASED RETIREMENT FORMULA AND UNREDUCED BENEFITS IN TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 63.

—INCREASED RETIREMENT FORMULA IN LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND

Sec. 65.

—COST OF LIVING ALLOWANCE INCREASES IN TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 66.

—PENSION INCREASES FOR PENSIONERS IN TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 67.

—COST OF LIVING ALLOWANCE INCREASES FOR RETIRED LAW ENFORCEMENT OFFICERS

Sec. 68.

—COST OF LIVING ALLOWANCE INCREASES IN UNIFORM JUDICIAL RETIREMENT SYSTEM

Sec. 69.

—COST OF-LIVING ALLOWANCE INCREASES FOR RETIRED SOLICITORS

Sec. 70.

—COST-OF-LIVING ALLOWANCE INCREASES FOR RETIRED CLERKS OF COURT

Sec. 71.

—STATE FUNDING/BASIC BENEFIT/LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND

Sec. 72.

PART XII.—SPECIAL PROVISIONS—APPROPRIATIONS ACT—RETAIN 1979 APPROPRIATIONS LIMITATIONS AND DIRECTIONS

Sec. 73.

Sec. 74.

—EXECUTIVE BUDGET ACT REFERENCE

Sec. 75.

—EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY 1980-81

Sec. 76.

—SEVERABILITY CLAUSE

Sec. 77.

—CAPTIONS NOT LIMIT TEXT/ONLY FOR REFERENCE

Sec. 78.

—EFFECTIVE DATE

Sec. 79.

Sec. 80.

PART I.—CURRENT OPERATIONS—GENERAL FUND

Sec. 2.  The items and amounts appropriated from the General Fund for the 1980-81 fiscal year in the 1980-81 column of the schedule in Section 2 of the 1979 Session Laws Chapter 838 are repealed, and appropriations from the General Fund for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated are made for the fiscal year ending June 30, 1981, according to the following schedule:

Current Operations—General Fund                                                      1980-81

General Assembly                                                                     $          8,607,172

Judicial Department                                                                             70,393,898

Department of Governor

Office of the Governor                                                                  1,244,508

Office of Citizens Affairs                                                                   589,520

Office of State Budget and Management                                        2,387,536

Total Department of Governor                                                 4,221,564

Lieutenant Governor's Office                                                                    225,358

Department of Administration                                                              25,598,817

Reserve for Educational Benefits

Children of Veterans                                                                     2,300,000

Department of Secretary of State                                                      620,180

Department of State Auditor                                                          4,904,818

Department of State Treasurer

01.   Operations                                                                        1,667,743

02.   Retiree Benefits                                                               13,216,954

Total Department of State Treasurer                                14,884,697

Department of Justice                                                                  21,637,223

Department of Revenue                                                               23,474,595

State Board of Elections                                                                   222,114

Department of Crime Control and Public Safety                             7,270,185

Department of Commerce                                                            15,183,951

Department of Insurance                                                               3,840,900

Department of Labor                                                                     3,849,516

Department of Correction                                                           119,486,023

Department of Public Education

01.   Program Administration and Support                                80,745,637

02.   Fiscal Administration and Support                               1,114,322,510

Total Department of Public

Education                                                                    1,195,068,147

Department of Community Colleges                                            152,412,204

The University of North Carolina

Board of Governors

01.   General Administration                                                        5,815,291

02.   Lump Sum Appropriations                                                39,871,371

03.   Related Educational Programs                                           24,764,228

04.   Agricultural Programs                                                              700,000

05.   University of North Carolina at Chapel Hill

a.   Academic Affairs                                                        53,602,582

b.   Division of Health Affairs                                             37,038,937

c.   Area Health Education Centers                                    14,295,027

06.   North Carolina State University

at Raleigh

a.   Academic Affairs                                                        54,143,310

b.   Agricultural Experiment Station                                    16,058,969

c.   Agricultural Extension Service                                      11,909,782

07.   University of North Carolina at

Greensboro                                                                       21,407,199

08.   University of North Carolina at

Charlotte                                                                           17,551,735

09.   University of North Carolina at

Asheville                                                                              4,095,891

10.   University of North Carolina at

Wilmington                                                                           8,429,257

11.   East Carolina University                                                      34,196,143

12.   North Carolina Agricultural &

Technical State University                                                     13,696,580

13.   Western Carolina University                                                 13,757,095

14.   Appalachian State University                                                19,330,539

15.   Pembroke State University                                                      5,395,902

16.   Winston-Salem State University                                               6,037,766

17.   Elizabeth City State University                                                 5,049,610

18.   Fayetteville State University                                                     5,675,797

19.   North Carolina Central University                                          11,907,250

20.   North Carolina School of the Arts                                           3,005,856

21.   North Carolina Memorial Hospital                                         22,679,351

Total University of North Carolina                                        450,415,468

Department of Cultural Resources                                                      17,583,182

Department of Transportation - General Fund

01.   Aeronautics                                                                             3,616,571

02.   Public Transportation                                                              1,340,000

03.   Aid to Railroads                                                                         100,000

Total Department of Transportation-

General Fund                                                                          5,056,571

Department of Human Resources

01.   Central Administration                                                           16,048,554

02.   Medical Assistance                                                              131,972,847

03.   Health Services                                                                       44,130,657

04.   Services for the Blind                                                                4,461,365

05.   Vocational Rehabilitation                                                         11,438,611

06.   Mental Health Services

a.   Administration & Grant-in-aid                                           53,715,833

b.   Alcoholic Rehabilitation Center-

Black Mountain                                                                  1,787,043

c.   Alcoholic Rehabilitation Center-

Butner                                                                                1,381,050

d.   Walter B. Jones Alcoholic

Rehabilitation Center-Greenville                                          1,292,347

e.   Dorothea Dix Hospital                                                       18,056,455

f.    Broughton Hospital                                                           17,275,938

g.   Western Carolina Center                                                    6,122,856

h.   Cherry Hospital                                                                 16,910,976

i.    O'Berry Center                                                                   4,846,448

j.    John Umstead Hospital                                                      14,812,220

k.   Murdoch Center                                                               14,113,199

1.   Caswell Center                                                                 16,960,280

m.  Wright School                                                                         741,368

n.   N.C. Special Care Center                                                    1,999,141

07.   Lenox D. Baker Children's

Hospital of North Carolina                                                            481,431

08.   Confederate Women's Home                                                        144 637

09.   McCain Hospital                                                                        2,307,031

10.   Western Carolina Hospital                                                          2,382,982

11.   Division of Youth Services                                                        16,461,307

12.   North Carolina School for the Deaf                                            5,179,408

13.   Eastern North Carolina School

for the Deaf                                                                                2,813,199

14.   Central North Carolina School

for the Deaf                                                                                1,948,223

15. Governor Morehead School                                                       2,960,783

16. Facility Services                                                                         6,725,414

17. Social Services                                                                           64,193,969

18. State Aid to Non-State Health

& Welfare Agencies                                                                   3,689,534

19. Special Aid to Counties                                                              3,000,000

Total Department of Human Resources                                  490,355,106

Department of Natural Resources &

Community Development                                                              29,959,651

Department of Agriculture                                                                        18,403,268

Debt Service – Interest                                                                            31,873,700

Debt Service – Redemption                                                                     30,300,000

Contingency & Emergency Fund                                                               2,000,000

Reserve for Loss of Federal Funds                                                               500,000

Salary Adjustments of State Employees                                                        500,000

Reserve for Travel Allowance Increase                                                      3,000,000

Reserve for Travel Subsistence Increase                                          2,500,000

Reserve for Salary Increases for Teachers

& State Employees                                                                      307,211,101

Reserve for Salary Step Eight for SPA

Employees, School Bus Mechanics & Property

Cost Clerks in Public Schools &

Administrative & Clerical Personnel

in Judicial Departments                                                                   6,017,227

Reserve for Gasoline, Fuel &

Utilities Cost Increases                                                                  35,000,000

Reserve for Salary Schedule Revision

for Teachers at State Institutions                                                         600,000

Reserve for Hospitalization Rate

Increases & Increases in Retirement Benefits                                 19,329,893

State Assumption of Local Governments'

Share of Contribution to Law

Enforcement Officers' Retirement System                                        4,027,000

GRAND TOTAL CURRENT OPERATIONS

GENERAL FUND                                                                $3,128,833,529

PART II.—CURRENT OPERATIONS—HIGHWAY FUND

Sec. 3.  The amounts appropriated from the Highway Fund for the 1980-81 fiscal year in the 1980-81 column of the schedule in Section 3 of 1979 Session Laws Chapter 838 are repealed, and appropriations from the Highway Fund for the expense of collecting revenues, for the service of the highway debt, and for the maintenance of transportation-related activities are made for the fiscal year ending June 30, 1981, according to the following schedule:

Current Operations—Highway Fund                                                            1980-81

DEPARTMENT OF TRANSPORTATION

01.         Administration                                                                    $    11,676,161

02.         Highways

a.  Administration and Operations                                             20,526,092

b.  State Construction

(01)    Primary Construction                                                 21,459,419

(02)    Secondary Construction                                             23,400,000

(03)    Urban Construction                                                      7,281,000

(04)    Access and Public Service Roads                                    500,000

(05)    Bridge Replacements                                                    4,262,300

c.  State Funds to Match Federal

Highway Aid

(01)    Construction                                                              45,662,000

(02)    Planning Survey and Highway

Planning Research                                                         1,791,118

d.  State Maintenance

(01)    Primary                                                                     57,902,568

(02)    Secondary                                                                 89,380,009

(03)    Urban                                                                        13,908,202

e.  Ferry Operations                                                                     6,065,000

f.   State Aid to Municipalities                                                    32,488,000

g.  Merit Salary Increments for Central

Offices and Division of Highways                                          10,296,883

h.  Employers' Contributions for

Central Offices and Division of Highways

(01)    Social Security                                                            9,690,225

(02)    Retirement                                                                 13,212,502

(03)    Hospital/Medical Insurance                                         3,679,344

03.         Motor Vehicles                                                                         32,087,464

04.         Governor's Highway Safety Program                                             524,651

05.         Reserve for Salary Increases for

Highway Fund Employees                                                21,134,000

06.         Reserve for Increased Retirement Cost                                           953,845

07.         Reserve for Hospital/Medical

Rate Increase                                                                     1,298,366

08.         Salary Adjustments for Highway Fund

Employees                                                                           200,000

09.         Debt Service                                                                            30,335,500

10.         Contingencies and Emergency Fund                                                100,000

11.         Reserve to Correct Occupational Safety

and Health Act Deficiencies                                                   650,000

12.         Reserve for Salary Step Eight                                                     1,016,223

Appropriations for Other State Agencies

01.         Crime Control and Public Safety                                               36,513,386

02.         Other Agencies

a.   Department of Agriculture                                                      1,309,971

b.   Department of Commerce                                                         502,841

c.   Department of Revenue                                                            928,839

d.   Department of State Treasurer

(LEO Retirement)                                                                     975,086

e.   Department of Community Colleges                                          140,929

f.    Department of Human Resources                                                 66,952

g.   Department of Correction                                                         500,000

GRAND TOTAL - HIGHWAY FUND                                                  $ 502,418,876

PART III.—CAPITAL IMPROVEMENTS—GENERAL FUND

Sec. 4.  Section 4 of Chapter 731 of the 1979 Session Laws is amended in lines four and five by deleting the language "ninety-nine million four hundred seventeen thousand two hundred sixteen dollars ($99,417,216)" and substituting "one hundred two million two hundred seventy-six thousand seven hundred sixteen dollars ($102,276,716)".

The items and amounts appropriated from the General Fund for the 1980-81 fiscal year in the 1980-81 column in the schedule in Section 4 of 1979 Session Laws Chapter 731 are repealed, and appropriations are made from the General Fund for use by State institutions, departments and agencies to provide for capital improvement projects according to the following schedule:

Capital Improvements — General Fund                                                            1980-81

DEPARTMENT OF ADMINISTRATION (TOTAL) $                                 1,805,000

01.         Renovations & Repairs, Government Center                                   125,000

02.         Asbestos Control Projects                                                              625,000

03.         Heating Conversion Projects                                                           500,000

04.         Supplement to Old Health Building Renovation                                375,000

05.         Repairs at Marine Resource Centers                                               180,000

DEPARTMENT OF AGRICULTURE (TOTAL)                                           2,933,800

01.         Storage & Distribution Facility, Butner                                         2,276,000

02.         Additions to Western Farmers Market                                            387,500

03.         Pesticide Storage Facility                                                                  20,300

04.         Dorton Arena Roof Repair                                                              300,000

Less: State Fair Receipts                                                           50,000

General Fund                                                                            250,000

THE UNIVERSITY OF NORTH CAROLINA

BOARD OF GOVERNORS (TOTAL)                                                        53,536,000

Funds for Schedule of Priorities-Capital

Improvements:

01.         Utilities, Roads, Walks &

Drives Projects

02.         Occupational Safety & Health Act

& Barrier Removal Projects

03.         Renovation & Major Maintenance Projects

04.         Land Acquisition

05.         Educational Television Production

Center-Advance Planning

06.         Programming-Planning for Future

Campus Physical Plant Development

07.         School of Veterinary Medicine

08.         Construction of New Facilities

09.         East Carolina University-Bed Tower

at Pitt County Memorial Hospital(Supplement)

Subtotal-Schedule for Priorities                                              28,156,000

10.         Reserve for Traditionally

Black Institutions                                                                        20,000,000

11.         Agricultural Experiment Station-

N.C. State University:

a.      Greenhouse-Headhouse Complex                                       4,000,000

12.         North Carolina Memorial Hospital:

a.      Renovations                                                                        1,380,000

DEPARTMENT OF COMMERCE (TOTAL)                                               4,880,000

01.         State Ports-Container Terminal

Expansion-Wilmington                                                                 4,800,000

02.       Construct Three Welcome Centers                                                   350,000

Less Receipts-Federal Highway Admin.                                    270,000

General Fund                                                                             80,000

DEPARTMENT OF CORRECTION (TOTAL)                                           21,300,000

01.       Repairs, Renovations &

Reconstruction                                                                             1,000,000

02.       Reserve for New Prison Construction                                          20,300,000

DEPARTMENT OF CRIME CONTROL AND PUBLIC

SAFETY (TOTAL)                                                                                           339,746

01.       Supplement to Albemarle Armory                                                     183,500

Less Receipts-Local Funds                                                           22,938

Less Receipts-Federal Funds                                                       137,625

General Fund                                                                                22,937

02.       Supplement to Raeford Armory                                                        172,500

Less Receipts-Local Funds                                                           21,562

Less Receipts-Federal Funds                                                       129,375

General Fund                                                                                21,563

03.       Completely Renovate Warrenton Armory                                         420,250

Less Receipts-Local Funds                                                           55,250

Less Receipts-Federal Funds                                                       309,000

General Fund                                                                                56,000

04.       New Armory-Jefferson                                                                    527,220

Less Receipts-Local Funds                                                           77,525

Less Receipts-Federal Funds                                                       370,950

General Fund                                                                                78,745

05.       New Armory-Murphy                                                                      464,250

Less Receipts-Local Funds                                                           69,187

Less Receipts-Federal Funds                                                       325,125

General Fund                                                                                69,938

06.       New Armory-Marion                                                                       446,250

Less Receipts-Local Funds                                                           65,062

Less Receipts-Federal Funds                                                       315,375

General Fund                                                                                65,813

07.       Armory Addition at Hickory                                                             97,500

Less Receipts-Federal Funds                                                        72,750

General Fund                                                                                24,750

DEPARTMENT OF CULTURAL RESOURCES (TOTAL)                          1,930,250

01.       Reserve for State Aid for Public

Library Construction, Additions

& Renovations                                                                              1,000,000

02.       Reserve for Spencer Shops-

Development                                                                                    625,000

03.       Bennett Place-Visitor Center                                                            223,750

04.       Stagville Preservation Center-

Development                                                                                     81,500

DEPARTMENT OF HUMAN RESOURCES (TOTAL)                               3,045,000

01.       Life Safety Code & Section 504

Compliance Projects                                                                     2,000,000

02.       New Gymnasium-Juvenile

Evaluation Center                                                                             445,000

03.       Renovations & Repairs Projects-

Mental Health Facilities                                                                    250,000

04.       Renovations & Repairs Projects-

Youth Services Facilities                                                                   100,000

05.       Chapels at Mental Retardation

Centers-Matching                                                                            250,000

DEPARTMENT OF NATURAL RESOURCES AND

COMMUNITY DEVELOPMENT (TOTAL)                                                8,567,100

01.       Reserve for State Parks-Development                                           1,000,000

Less Receipts-Federal-BOR                                                        500,000

Subtotal-General Fund                                                                 500,000

02.       Reserve for State Parks-Acquisition                                                 500,000

Less Receipts-Federal-BOR                                                        250,000

Subtotal-General Fund                                                                 250,000

03.       Reserve for Civil Works and

Small Watershed Projects                                                                700,000

04.       Zoo Development-Completion

of African Phase                                                                            7,117,100

GENERAL ASSEMBLY (TOTAL)                                                                    65,000

01.       Air Conditioning Modifications/

Maintenance-Legislative Building                                                        50,000

02.       Renovate Legislative Building-

Design Funds                                                                                     15,000

DEPARTMENT OF PUBLIC EDUCATION (TOTAL)                                3,874,820

01.       Community colleges-Capital Construction

Grants                                                                                           4,099,820

Less Receipts-Federal                                                                 225,000

Subtotal, General Fund                                                             3,874,820

GRAND TOTAL GENERAL FUND APPROPRIATION                     $ 102,276,716

PART IV.—CAPITAL IMPROVEMENTS—HIGHWAY FUND

Sec. 5.  Section 5 of Chapter 731 of the 1979 Session Laws is amended in lines 4 and 5 by deleting the language, "Two million seven hundred sixty-seven thousand one hundred forty-two dollars ($2,767,142)" and substituting, "three million one hundred thirty-eight thousand one hundred forty-two dollars ($3,138,142)".

The items and amounts appropriated from the Highway Fund for the 1980-81 fiscal year in the 1980-81 column in the schedule in Section 5 of 1979 Session Laws Chapter 731 are repealed, and appropriations are made from the Highway Fund for use of the Department of Transportation and the Department of Crime Control and Public Safety to provide for capital improvement projects according to the following schedule:

Capital Improvements—Highway Fund                                                             1980-81

DEPARTMENT OF TRANSPORTATION (TOTAL)                                 $ 3,138,142

01.       Equipment Shop at Charlotte                                                          2,000,000

Less Receipts-Sale of Land                                                         500,000

Subtotal - Highway Fund                                                      1,500,000

02.       Reroof Motor Vehicles Building, Raleigh                                            371,000

03.       Renovation and Construction Projects

at Maintenance & Equipment Facilities–

Division of Highways                                                                         267,142

04.       Reserve for Ferry Maintenance Facility–

Mann's Harbor                                                                               1,000,000

GRAND TOTAL - HIGHWAY FUND APPROPRIATION                        $ 3,138,142

—MOST STATE EMPLOYEES/TEN PERCENT SALARY INCREASE ADMIN.

Sec. 6.  The salaries in effect on June 30, 1980, for all permanent State employees paid from the General Fund or the Highway Fund shall be increased on July 1, 1980, by an average of ten percent (10%) rounded to conform to the steps in the salary ranges which the State Personnel Commission adopts. If the salary in effect on June 30, 1980, for an employee is not equal to a specific pay rate in the salary schedule effective on that date, his annual increase shall be the amount applicable to the next lower pay rate. The Director of the Budget is authorized to transfer from the appropriations in Sections 2 and 3 of this act for this purpose all funds necessary for the ten percent (10%) average increase, including funds for the employer's retirement and Social Security contribution.

Except as otherwise provided in this act, the salaries of State officials, department secretaries, and persons in exempt positions which are recommended by the Governor or the Governor and the Advisory Budget Commission and set by the General Assembly shall be increased an average of ten percent (10%) commencing July 1, 1980. The Director of the Budget is authorized to transfer from the appropriations in Sections 2 and 3 of this act for this purpose all funds necessary for the ten percent (10%) average increase including funds for the employer's retirement and Social Security contribution.

The Director of the Budget is authorized to allocate out of special operating funds or from other sources of the employing agency, except tax revenues, sufficient funds to allow a salary increase averaging ten percent (10%), including funds for the employer's retirement and Social Security contribution, for the employees of the agency, provided that the employing agency elects to make available the necessary funds.

The Director of the Budget is authorized to promulgate special rules and regulations to apply to salary increases for employees whose salaries are paid from interagency receipts where payments for the services of those employees originate from State appropriations to the end that the effective purchasing power of the appropriations is not materially reduced as a result of these salary increases. The salary increase may average up to ten percent (10%) and funds made available for it shall include amounts necessary for the increase and the employee's retirement and Social Security contribution. Any questions as to the applicability of the provisions of this paragraph shall be resolved by the Director of the Budget.

The salaries of all permanent public school employees paid from allocations to local school units for State Aid-Exceptional Children ADM appropriation, Health Education Coordinator grants, Community Schools Coordinator grants, Vocational Education State Aid Non-Matching Expansion ADM allocation, Vocational Education State Aid Extended Day ADM allocations and State- matching funds for School Food Service Supervisors shall be increased by an average of ten percent (10%). The Director of the Budget is authorized to transfer from the appropration provided in Section 2 of this act for legislative salary increases for public school employees all funds necessary for the ten percent (10%) salary increase and for the new salary schedule, including funds for the employer's retirement and Social Security contributions.

Salaries for positions which are funded partially from the General Fund and partially from sources other than the General Fund shall be increased from the General Fund appropriation only to the extent of the proportionate part of the salaries paid from the General Fund.

The granting of the legislative salary increases under this section shall not affect the status of eligibility for salary increments for which employees may be eligible.

The salary range maximums for all employees under the State Personnel Act shall be increased to accommodate the legislative salary increase so that every employee will continue to have the same relative position with respect to salary increases and future increments as he would have had if the legislative salary increases had not been made.

The salary increases provided in this act to be effective July 1, 1980, shall not apply to persons separated from State service due to resignation, dismissal, reduction in force, death, or retirement whose last work day is prior to July 1, 1980.

Any remaining appropriations for legislative salary increases not required for that purpose may be used to supplement the Salary Adjustment Fund or to meet shift premium pay requirements.

Within regular Executive Budget Act procedures as limited by this act, all State agencies and departments are authorized to increase on an equitable basis the rate of pay of temporary State employees, subject to availability of funds in the particular agency or department by pro rata amounts approximately equal to ten percent (10%).

—LEGISLATIVE EMPLOYEES/TEN PERCENT SALARY INCREASE

Sec. 7.  The Legislative Services Officer is authorized to increase the salaries of nonelected employees of the General Assembly in effect on June 30, 1980, by ten percent (10%) commencing July 1, 1980, rounded to the nearest whole dollar figure divisible by 12 and otherwise adjusted to conform with the relative levels of the Legislative Services Commission salary schedule. The granting of this legislative percentage salary increase shall not affect the status of employees' eligibility for other salary increments. Funds are appropriated in Section 2 of this act to provide the salary increase authorized by this section, including the employer's retirement and Social Security contributions.

—GENERAL ASSEMBLY PRINCIPAL CLERKS/SALARY INCREASES

Sec. 8.  G.S. 120-37(c) is amended by deleting the language, "twenty-two thousand two hundred sixty dollars ($22,260)", and substituting, "twenty-four thousand four hundred ninety-two dollars ($24,492)".

—MEMBERS OF THE GENERAL ASSEMBLY/SALARY INCREASES/EXPENSE ALLOWANCES

Sec. 9.  Sections 92 and 125 of Chapter 838 of the 1979 Session Laws are repealed.

Sec. 9.1.  G.S. 120-3 is amended to read as follows: "The Speaker of the House shall be paid an annual salary of thirteen thousand eight hundred sixty dollars ($13,860), payable monthly, and an expense allowance of three hundred forty-five dollars ($345.00) per month. The President pro tempore of the Senate, the Speaker pro tempore of the House, the minority leader in the House, and the minority leader in the Senate shall each be paid an annual salary of eight thousand six hundred sixty-four dollars ($8,664), payable monthly, and an expense allowance of two hundred thirty dollars ($230.00) per month. Every other member of the General Assembly shall be paid an annual salary of six thousand nine hundred thirty‑six dollars ($6,936), payable monthly, and an expense allowance of one hundred seventy-two dollars ($172.00) per month. The salary and expense allowances provided in this section are in addition to any per diem compensation and any subsistence and travel allowance authorized by any other law with respect to any regular or extra session of the General Assembly, and service on any State board, agency, commission, standing committee and study commission."

—JUDICIAL BRANCH OFFICIALS/SALARIES

Sec. 10.  The annual salary, in fiscal year 1980-81, of the specified judicial branch official shall be as follows:

Judicial Branch Officials                                                     1980-81

Chief Justice, Supreme Court                                                    $55,440

Associate Justice, Supreme Court                                               54,288

Chief Judge, Court of Appeals                                                    52,560

Judge, Court of Appeals                                                             51,396

Judge, Senior Regular Resident,

Superior Court                                                                     47,136

Judge, Superior Court                                                                45,636

Chief Judge, District Court                                                         38,412

Judge, District Court                                                                  36,960

District Attorney                                                                         42,456

Assistant District Attorney - an average of                                  27,444

Administrative Officer of the Courts                                            48,504

Assistant Administrative Officer of the                                         34,644

Courts

Public Defender                                                                         42,456

Assistant Public Defender - an average of                                   27,444

If an acting senior regular resident superior court judge is appointed under the provisions of G.S. 7A-41, he shall receive the salary for Judge, Senior Regular Resident, Superior Court, and the judge he replaces shall receive the salary indicated for Judge, Superior Court.

The district attorney or public defender of a judicial district with the approval of the Administrative Officer of the Courts, shall set the salaries of assistant district attorneys or assistant public defenders, respectively, in that district such that the average salaries of assistant district attorneys or assistant public defenders in that district do not exceed twenty seven thousand four hundred forty-four dollars ($27,444) and the minimum salary of any assistant district attorney or assistant public defender is at least thirteen thousand eight hundred sixty dollars ($13,860) per annum.

Funds appropriated in Section 2 of this act for salary increases and related employer's retirement and Social Security contributions for permanent employees of the Judicial Department, except for those itemized in this act, are to provide salary increases commencing July 1, 1980, of the same percentage as that authorized in Section 2 of this act for State employees subject to the Personnel Act, rounded to conform to the steps in the salary ranges adopted by the Judicial Department.

—MAGISTRATES/SALARIES

Sec. 11.  The schedule of salaries of full-time magistrates shown in the table in subdivision (1) of G.S. 7A-171.1, is deleted and in lieu thereof the following schedule is substituted:

Number of prior years of service                                             Annual salary

Less than 1                                                                                $ 9,456

1 or more but less than 3                                                              10,284

3 or more but less than 5                                                              11,232

5 or more but less than 7                                                              12,252

7 or more but less than 9                                                              13,380

9 or more                                                                                    14,640

—CLERKS OF COURT/SALARIES

Sec. 12.  The schedule of salaries of clerks of superior courts beginning on line 5 of G.S. 7A-101, is deleted and in lieu thereof the following schedule is substituted:

Population                                                                                   Salary

Less than 10,000                                                                      $15,024

10,000 to 19,999                                                                       19,056

20,000 to 49,999                                                                       22,536

50,000 to 99,999                                                                       25,992

100,000 to 199,999                                                                   29,460

200,000 and above                                                                    35,808

—COMMUNITY COLLEGES PERSONNEL/SALARY INCREASES

Sec. 13.  The Director of the Budget is authorized to transfer from the appropriations for this purpose in Section 2 of this act funds necessary to provide an annual average salary increase of ten percent (10%), and the employer's retirement and social security contribution, in 1980-81 for all community college institutional personnel. These funds shall be allocated to individuals according to rules and regulations established by the State Board of Education and may not be used for any purpose other than for the salary increases and necessary employer's contributions.

—HIGHER EDUCATION ACADEMIC PERSONNEL/SALARY INCREASES

Sec. 14.  The Director of the Budget is authorized to transfer from the appropriation in Section 2 of this act, funds necessary to provide an annual average salary increase of ten percent (10%), and the employer's retirement and Social Security contribution, in 1980-81 for employees exempt from the State Personnel Act in the constituent institutions of The University of North Carolina system. These funds are to be allocated to individuals in accordance with rules and regulations established by the Board of Governors and may not be used for any purpose other than for the salary increases and necessary employer's contributions.

—WILDLIFE RESOURCES PERSONNEL/TEN PERCENT SALARY INCREASES

Sec. 15.  All permanent employees actually employed by the Wildlife Resources Commission during the 1980-81 fiscal year whose salaries are paid from the Wildlife Fund shall receive a ten percent (10%) salary increase over the 1979-80 level for the 1980-81 fiscal year only. The Director of the Budget is authorized to transfer funds to cover the cost of this salary increase, including the employee's retirement and Social Security contributions, from appropriations for this purpose in Section 2 of this act.

—SALARY-RELATED CONTRIBUTIONS/EMPLOYERS

Sec. 16.  The State employer contribution percentage rates of salaries budgeted for the retirement systems for 1980-81 are: (1) 9.66% - Teachers and State Employees, (2) 9.28% - Law Enforcement Officers, (3) 30.77% - Uniform Judicial, (4) 24.03% - Uniform Solicitorial, and (5) 29.0% - Uniform Clerks of Superior Court.

—SALARY ADJUSTMENT APPROPRIATIONS/AUTHORIZED TRANSFERS

Sec. 17.  The Director of the Budget is authorized to transfer to General Fund budget codes from the General Fund salary adjustment appropriation, and to Highway Fund budget codes from the Highway Fund salary adjustment appropriation, such amounts as may be required to support approved salary adjustments made necessary by difficulties in recruiting and holding qualified employees in State government. The funds are to be transferred only when the use of salary reserve funds in individual operating budgets is not feasible.

—PERSONNEL MERIT SALARY FUND/COMMUNITY COLLEGES

Sec. 18.  Funds are appropriated to the Department of Community Colleges in Section 2 of this act in the amount of six million seven hundred sixteen thousand eight hundred twelve dollars ($6,716,812) in fiscal year 1980-81 for salary increases of institutional personnel of the community college system. These funds are in lieu of specific appropriations for salary increments as are provided for State employees subject to the Personnel Act and public school employees. Until January 1, 1980, such funds shall be allocated to individuals in accordance with rules and regulations established by the State Board of Education; on and after January 1, 1981, such funds shall be allocated to individuals in accordance with rules and regulations established by the State Board of Community Colleges and Technical Institutes. Such funds may not be used for any purpose other than for salary increases and necessary employer's contributions.

—ACADEMIC PERSONNEL MERIT SALARY FUNDS/HIGHER EDUCATION

Sec. 19.  Funds are appropriated to the University Board of Governors in Section 2 of this act in the amount of sixteen million two hundred thirty-seven thousand eight hundred eighty-nine dollars ($16,237,889) in the fiscal year 1980-81 for merit salary increases for employees of The University of North Carolina who are exempt from the State Personnel Act. These funds are in lieu of specific appropriations for salary increments and longevity payments as are provided for State employees subject to the Personnel Act and public school employees. Funds appropriated for this purpose are to be allocated to individuals in accordance with rules and regulations established by the Board of Governors and may not be used for any purpose other than for salary increases and necessary employer's contributions.

—TEACHERS IN THE PUBLIC SCHOOLS AND IN STATE DEPARTMENTS/SALARY SCHEDULE

Sec. 19.1.  Effective July 1, 1980, the following salary schedule shall be applicable to certificated personnel of the public schools:

Position                                                   Classification                               Salary Grade

Teacher                                                          A                                                68

Teacher                                                          G                                                70

Assistant Principal                                           A                                                71

Assistant Principal                                           G                                                73

Supervisor                                                      A                                                72

Supervisor                                                      G                                                74

Principals                                              Up to 10 teachers                                  73

11-21 teachers                                       74

22-32 teachers                                       75

33-43 teachers                                       76

44-54 teachers                                       77

55-65 teachers                                       78

66-up teachers                                       79

Assistant Superintendents                                                                                   75

Associate Superintendents                                                                                  76

Superintendents                                    Up to 5,000 ADM                                 77

5,001-10,000 ADM                              78

10,001-15,000 ADM                            79

15,001-20,000 ADM                            80

20,001-25,000 ADM                            81

25,001-30,000 ADM                            82

30,001-up ADM                                   83

The implementation of the schedule shall include the following special provisions:

(a)        Educators will receive their annual increment for prior year of service before placement on the new salary schedule.

(b)        No educator will have a salary reduction resulting from placement on the new salary schedule.

(c)        Each educator will be placed on the new salary schedule at the next highest dollar amount to his or her present salary after having received their annual increment.

(d)        When elevated to a higher pay grade, an educator will enter that pay grade at a level one step above the current salary or will be brought to the minimum of the new pay grade, whichever is higher.

(e)        Salary supplements for advanced degrees or certificates include:

(1)        $100.00 monthly for advanced certificate - 6 year degree in area of assignment;

(2)        $200.00 monthly for earned doctorate in area of assignment;

(3)        $35.00 monthly for vocational teachers in positions that require regular work beyond the normal school program.

(f)         Career steps for teachers:

(1)        "A" classified teachers will begin work on salary grade 68 and will move to salary grade 69 after eight years and reaching the top of salary grade 68, and to salary grade 70 after another year reaching top of salary grade 69.

(2)        "G" classified teachers on salary grade 70 will move to salary grade 71 after eight years and reaching the top of salary grade 70, and to salary grade 72 after another year and reaching top of salary grade 71.

(g)        Superintendents in each local school unit shall receive in State salary at least one percent (1%) more than the highest paid principal receives in State salary in that local school unit.

The State Board of Education shall provide appropriate definitions and adopt passed rules and regulations to implement the provisions of this act.

Sec. 19.2.  Certificated personnel of State departments and institutions in positions the same as those included in the salary schedule in Section 19.1 of this act shall be subject to the salary schedule in Section 19.1 of this section.

—TEACHERS' AIDES/ONE STEP SALARY INCREMENT

Sec. 19.3.  Funds are appropriated to the Department of Public Education in Section 2 of this act in the amount of two million one hundred ninety-one thousand ninety‑eight dollars ($2,191,098) for a one-step increase on the salary schedule for State paid teacher's aides, effective January 1, 1981.

—CLERICAL ASSISTANTS IN PUBLIC SCHOOLS/ONE STEP SALARY INCREMENT

Sec. 19.4.  Funds are appropriated to the Department of Public Education in Section 2 of this act in the amount of nine hundred ten thousand six hundred thirty-three dollars ($910,633) for a one-step increase on the salary schedule for State paid clerical assistants in the public schools, effective January 1, 1981.

—PUBLIC SCHOOL PERSONNEL/LONGEVITY

Sec. 20.  Funds are appropriated in Section 2 of this act to the Department of Public Education, Fiscal Administration and Support, in the amount of two million three hundred twenty-five thousand dollars ($2,325,000) to add longevity payments at 1.50% of gross annual salary for the 10-14 year service interval to state-funded public school personnel, for the 1980‑81 fiscal year.

—COMMUNITY COLLEGE PERSONNEL/LONGEVITY

Sec. 21.  Funds are appropriated in Section 2 of this act to the Department of Community Colleges, in the amount of four hundred twenty-five thousand dollars ($425,000) to add longevity payments at 1.50% of gross annual salary for the 10-14 year service interval to State-funded institutional personnel, for the 1980-81 fiscal year.

—STEP EIGHT MERIT INCREMENT/STATE EMPLOYEES

Sec. 22.  The Director of the Budget is authorized to transfer from appropriations for this purpose in Sections 2 and 3 of this act, funds necessary to add an eighth merit increment step for employees subject to the State Personnel Act. The amount allocated for this purpose is derived subject to the limitation in G.S. 126-7 with regard to estimates for annual increments above the third step.

—STEP EIGHT MERIT INCREMENT/SCHOOL BUS MECHANICS AND PROPERTY AND COST CLERKS

Sec. 23.  The Director of the Budget is authorized to transfer from appropriations for this purpose in Section 2 of this act funds necessary to add an eighth merit increment step to public school positions classified as School Bus Mechanics and Property and Cost Clerks.

—ADDITIONAL MERIT INCREMENT/ADMINISTRATIVE AND CLERICAL PERSONNEL IN THE JUDICIAL DEPARTMENT

Sec. 24.  The Director of the Budget is authorized to transfer from appropriations for this purpose in Section 2 of this act funds necessary for an additional merit increment for administrative and clerical personnel in the Judicial Department.

—PER DIEM AND ALLOWANCES/STATE BOARDS, ETC.

Sec. 25.  G.S. 143-4 is amended by adding between the first and second sentences, a new sentence to read:

"The Chairman of the Advisory Budget Commission shall also receive an additional two thousand five hundred dollars ($2,500) payable in quarterly installments, for expenses."

—TRAVEL ALLOWANCES/STATE OFFICERS AND EMPLOYEES

Sec. 26.  G.S. 138-6(a) is amended in subdivision(l) by deleting the language, "nineteen cents (19¢)", and substituting, "twenty-five cents (25¢)", and in subdivision (3) deleting the language "thirty-one dollars ($31.00) per day when traveling in-state or thirty‑nine dollars ($39.00) per day when traveling out-of-state", and substituting, "thirty-five dollars ($35.00) per day when traveling in-state or forty-five dollars ($45.00) per day when traveling out-of-state".

—MOVING EXPENSES/STATE EMPLOYEES

Sec. 27.  G.S. 138-8 is amended in the second line by deleting the words, "the Department of Administration" and substituting, "the Office of State Budget and Management".

—JUDICIAL OFFICIALS/TRAVEL ALLOWANCES

Sec. 28.  G.S. 7A-44 is amended by rewriting the first sentence to read as follows: "A judge of the superior court, regular or special, shall receive the annual salary set forth in the Budget Appropriations Act, and in addition shall be paid the same travel allowance as State employees generally by G.S. 138-6(a)(1) and (2), provided that no travel allowance be paid for travel within his county of residence. In addition, a judge of the superior court shall be allowed five thousand five hundred dollars ($5,500) per year, payable monthly, in lieu of necessary subsistence expenses while attending court or transacting official business at a place other than in the county of his residence and in lieu of other professional education expenses incurred in the discharge of his official duties."

—ADVISORY BUDGET COMMISSION/TRAVEL ALLOWANCES

Sec. 29.  G.S. 138-5(c) is repealed.

Sec. 29.1.  G.S. 143-4 is amended by rewriting the first sentence to read:

"The members of the Advisory Budget Commission shall receive no per diem compensation for their services, but shall receive the same subsistence and travel allowance as are provided for members of the General Assembly for services on interim legislative committees."

—SUBSISTENCE AND TRAVEL ALLOWANCES/MEMBERS OF THE GENERAL ASSEMBLY

Sec. 30.  G.S. 120-3.1(a)(4) is amended by deleting the amount of "forty-four dollars ($44.00) per day", and substituting, "fifty dollars ($50.00) per day".

—EXPENSE ALLOWANCE/GOVERNOR

Sec. 31.  G.S. 147-11 is amended by deleting, in the second sentence, the language, "ten thousand dollars ($10,000)", and substituting, "eleven thousand five hundred dollars ($11,500)".

—EXPENSE ALLOWANCE/LIEUTENANT GOVERNOR

Sec. 32.  G.S. 147-33 is amended by deleting, in the second sentence, the language, "ten thousand dollars ($10,000)", and substituting, "eleven thousand five hundred dollars ($11,500)".

—PERFORMANCE STANDARDS/ANNUAL EVALUATION/PUBLIC SCHOOL EMPLOYEES

Sec. 35.  The State Board of Education, in consultation with local boards of education, shall develop uniform performance standards and criteria to be used in evaluating professional public school employees. It shall develop rules and regulations to insure the use of these standards and criteria in the employee evaluation process. The performance standards and criteria shall be adopted by the Board by July 1, 1981, and may be modified in the discretion of the Board.

Local boards of education shall adopt rules and regulations by July 1, 1981, to provide for annual evaluation of all professional employees defined as teachers by G.S. 115‑142(a)(9). Local boards may also adopt rules and regulations requiring annual evaluation of other school employees not specifically covered in this section. All such rules and regulations adopted by local boards shall utilize performance standards and criteria adopted by the State Board of Education pursuant to the first paragraph of this section; however, the standards and criteria used by local boards are not to be limited by those adopted by the State Board of Education.

—CONSULTANT CONTRACT/STUDY PROFESSIONAL PERSONNEL IN PUBLIC SCHOOLS

Sec. 36.  Funds are appropriated in Section 2 of this act to the Office of State Budget and Management to contract with a qualified consulting firm to conduct a study of employment practices and salary plans for professional personnel in the public schools. The Office of State Budget and Management shall summarize the findings of the study and shall submit them in the form of a report to the General Assembly no later than March 1, 1981.

PART VI.—GENERAL PROVISIONS

—EXECUTIVE BUDGET ACT/BUDGET OFFICE

Sec. 37.  All references to the "Department of Administration" in the Executive Budget Act, Chapter 143, Article 1 of the General Statutes, with the exception of that in the second paragraph of G.S. 143-6 referring to review of construction requests from State departments, are changed to read, "Office of State Budget and Management".

Sec. 38.  G.S. 143-341 is amended by deleting subdivision (1) and renumbering the succeeding subdivisions appropriately.

Sec. 39.  G.S. 143-344 is amended by deleting subsection (a) and renumbering the succeeding subsections appropriately.

Sec. 40.  G.S. 126-5(b) is rewritten to read:

"The provisions of this Chapter shall not apply to public school superintendents, principals, teachers, and other public school employees. The Governor and the Lieutenant Governor may, at any time, in their discretion, exempt from the application of the provisions of this Chapter, employees of their respective offices, by means of a letter to the State Personnel Director designating those employees."

Sec. 41.  A new section is added to Chapter 143 of the General Statutes to read:

"§ 143-3.5.  Coordination of statistics. — It shall be the duty of the Director through the Office of State Budget and Management to coordinate the efforts of governmental agencies in the collection, development, dissemination and analysis of official economic, demographic and social statistics pertinent to State budgeting. The Division shall (1) prepare and/or release the official demographic and economic estimates and /or projections for the State; (2) conduct special economic and demographic analyses and studies to support statewide budgeting; (3) develop and coordinate cooperative arrangements with federal, state and local governmental agencies to facilitate the exchange of data to support State budgeting; (4) compile, maintain, and disseminate information about State programs which involve the distribution of State aid funds to local governments including those variables used in their allocation; and, (5) develop and maintain in cooperation with other State and local governmental agencies, an information system providing comparative data on resources and expenditures of local governments.

To minimize duplication of effort in collecting or developing new statistical series pertinent to State planning and budgeting, including contractual arrangements, State agencies must submit to the Director of the Budget proposed procedures and funding requirements.

This section shall not apply to the General Assembly, any of its committees and subcommittees, the Legislative Research Commission, the Legislative Services Commission, or any other committee or commission in the legislative branch."

Sec. 41.1.  G.S. 150A-11 is amended by adding a new subdivision to read:

"(4)      With respect to all proposed rules requiring the expenditure or distribution of State funds, submit to the Director of the Budget a summary of the proposed rule or rules and obtain approval of such expenditure or distribution of State funds prior to publishing the notice of public hearing required by G.S. 150A-12(a)."

Sec. 41.2.  The first line of G.S. 143B-14(b) is rewritten to read:

"(b)      Except as otherwise provided in the Executive Organization Act of 1973 or in G.S. 150A-11(4),".

Sec. 43.  G.S. 143-27.1 is repealed.

Sec. 44.  G.S. 143-34.1 is amended by adding the following paragraphs:

"Required employer salary-related contributions for retirement benefits, death benefits, disability salary continuation and Social Security for employees whose salaries are paid from General Fund or Highway Fund revenues, or from department, office, institutional or agency receipts, or from non-State funds, shall be paid from the same source as the source of the employees' salaries. In those instances in which an employee's salary is paid in part from the General Fund, or the Highway Fund, and in part from the department, office, institutional or agency receipts, or from non-State funds, the required salary-related contributions shall be paid from the General Fund, or the Highway Fund, only to the extent of the proportionate part paid from the General Fund, or Highway Fund, in support of the salary of such employee, and the remainder of the employer's contribution requirements shall be paid from the same source which supplies the remainder of such employee's salary. The requirements of this section as to the source of payment are also applicable to payments on behalf of the employee for hospital‑medical insurance, longevity payments, salary increments, and legislative salary increases. The Director of the Budget shall approve the method of payment by State departments, offices, institutions and agencies for employer salary-related requirements of this section, and determine the applicability of the section to an employer's salary-related contribution or payment in behalf of an employee.

For the support of the hospital and medical insurance programs made available by G.S. 135-33 to those retired members of the associations and organizations listed in G.S. 135‑27(a), the licensing and examining boards under G.S. 135-1.1, the North Carolina Art Society, Inc., and the North Carolina Symphony Society, Inc., each association or organization shall pay to the Retirement System the full cost of providing these benefits as determined by the Board of Trustees of the Retirement System."

Sec. 45.  G.S. 143-34.2 is amended by rewriting the third paragraph to read:

"Any contract or grant entered into by a State board, commission, agency, department or institution for the operation of a new program by such State board, commission, agency, department or institution or for the enrichment of an ongoing program of such State board, commission, agency, department or institution shall include a limiting clause which specifically states that continuation of the contract or grant program with State appropriations beyond the current State fiscal year is subject to State funds being appropriated by the General Assembly specifically for that program."

—ESTIMATION OF POPULATION

Sec. 46.  G.S. 160A-486 is rewritten to read:

"When a newly incorporated municipality is not included in the most recent federal census of population but otherwise qualifies for distribution of State-collected funds allocated wholly or partially on the basis of current population estimates, the municipality shall be entitled to participate in the distribution of these funds by reporting all information designated by the Office of State Budget and Management. An estimate of this city's population will be made by the Office of State Budget and Management in accordance with procedures designated by that office. The estimate will be certified to State departments and agencies charged with the responsibility of distributing funds to local governments along with the current population estimates for all other municipalities."

—COUNTY POPULATION ESTIMATES/DISTRIBUTION OF FUNDS

Sec. 47.  Sections 33, 34 and 47 of Chapter 838 of 1979 Session Laws are amended by deleting in each section the words "as determined by the Department of Administration's most recent estimates of county populations" and substituting "as determined by the Office of State Budget and Management's most recent estimates of county populations".

—INTANGIBLES TAX DISTRIBUTIONS/DISTRIBUTION OF TAXES

Sec. 48.  G.S. 105-213 is amended in the fourth paragraph in lines 7 and 8 by deleting the words "by the Secretary of the North Carolina Department of Administration" and substituting in lieu thereof "by the State Budget Officer".

—LOCAL SALES TAX/DISTRIBUTION

Sec. 49.  G.S. 105-472(1) is amended on lines 15 and 16 by deleting the words "by the Director of the North Carolina Department of Administration" and substituting "by the State Budget Officer"; on lines 19 and 20 by deleting the words "by the Director of the Department of Administration" and substituting "by the State Budget Officer" and on line 22 by deleting the words "The Director of the Department of Administration" and substituting "the State Budget Officer".

—POWELL BILL APPROPRIATIONS/ALLOCATION OF FUNDS

Sec. 50.  G.S. 136-41.1 is amended in the 5th and 6th lines of the second paragraph by deleting the words "by the Secretary of North Carolina Department of Administration" and substituting "by the State Budget Officer".

—LICENSE AND EXCISE TAX/DISTRIBUTION OF TAX

Sec. 51.  G.S. 105-113.86(p) is amended on line 12 by deleting the words "Secretary of the North Carolina Department of Administration" and substituting "State Budget Officer"; and on lines 25 and 26 by deleting the words "by the Secretary of Administration" and substituting "by the State Budget Officer".

—HIGHWAY FUND UNRESERVED BALANCES

Sec. 52.  Any unreserved credit balances in the Highway Fund on June 30, 1980, shall be available for 1980-81 appropriations in Sections 3 and 5 of this act.

—LEGAL ASSISTANCE/COMMISSIONER OF BANKS

Sec. 53.  G.S. 53-96 is amended by rewriting the last sentence to read: "The Governor may in his discretion appoint and assign to the Commissioner of Banks such legal assistance as in his judgement may be necessary. Compensation shall be within the salary classification for attorneys established by the State Personnel Commission."

—ADVANCE FUNDS FOR CHARLOTTE MAINTENANCE AND EQUIPMENT HEADQUARTERS

Sec. 54.  The Department of Transportation is authorized to advance up to five hundred thousand dollars ($500,000) from the Highway Fund cash balance for construction of a new Maintenance and Equipment Headquarters at Charlotte. These funds shall be repaid with the proceeds realized from the sale of the existing Maintenance and Equipment Headquarters.

—AID TO PUBLIC LIBRARIES/CONSTRUCTION, ADDITIONS & RENOVATIONS

Sec. 55.  Funds are appropriated in Section 4 of this act in the amount of one million dollars ($1,000,000) for a Reserve for Aid to Public Libraries - Construction, Additions and Renovations. Fifty thousand dollars ($50,000) of these funds may, subject to the approval of the Governor and the Advisory Budget Commission, be used to plan and to study the feasibility of a new State Library building. Up to one hundred thousand dollars ($100,000) per library shall be available to local public libraries on an equal matching basis, subject to the approval of the Governor and the Advisory Budget Commission upon recommendation of the Department of Cultural Resources.

—COUNTY MEDICAID RELIEF FUNDS

Sec. 56.  Of the funds appropriated to the Division of Medical Assistance for 1980-81, five million dollars ($5,000,000) shall be used to relieve those counties of the additional costs the counties incurred due to the enactment of Sections 23 and 39 of Chapter 838 of the 1979 Session Laws that they would not have incurred had these sections not been enacted. Two million five hundred thirteen thousand six dollars ($2,513,006) shall be used to reimburse the affected counties for their additional costs for 1978-79. Two million four hundred eighty six thousand nine hundred ninety-four dollars ($2,486,994) shall be distributed for actual cost incurred or on a pro rata basis in the proportion that an individual county's additional cost bears to the total additional cost to those counties which have incurred additional costs in 1979-80.

—ENCOURAGE COUNTIES TO MEET THEIR LOCAL SOCIAL SERVICES BUDGET OBLIGATIONS.

Sec. 57.  The Director of the Budget is authorized to withhold from any county that has not yet paid its full share of public assistance costs to the State for fiscal year 1978-79 and has not secured a loan for repayment pursuant to G.S. 108-54.1, any State monies appropriated from the General Fund for public assistance or to direct the Secretary of Revenue and State Treasurer to withhold any tax owed to a county under Article 7 of Chapter 105 of the General Statutes, G.S. 105-113.86, Article 39 of Chapter 105 of the General Statutes or Chapter 1096 of the Session Laws of 1967. The Director of the Budget shall notify the chairman of the board of county commissioners of the proposed action prior to the withholding of funds.

—AREA MENTAL HEALTH PROGRAMS/FUNDS

Sec. 58.  Funds appropriated to the Department of Human Resources, Area Mental Health, in Section 2 of this act in the amount of four million two hundred thousand dollars ($4,200,000) are for area mental health programs. These funds shall be allocated to the area mental health programs on a per capita basis utilizing the most recent county population estimates of the Office of State Budget and Management, and shall not require a local match.

—REST HOME RATE INCREASE

Sec. 58.1.  Section 49 of Chapter 838 of the 1979 Session Laws of North Carolina is repealed.

In the 1980-81 fiscal year, any additional funds beyond those already budgeted that became available to recipients of special assistance for adults, because of increases in Social Security payments and Supplemental Security income payments, shall be used by the Department of Human Resources to increase the maximum rates paid to domiciliary care facilities by fifteen dollars ($15.00) per month. Any remaining funds from the additional Social Security payments and Supplemental Security income payments, after the maximum domiciliary rate has been increased, shall be used to reduce the State obligation for the 1980‑81 fiscal year. In no case shall this section result in any additional cost to the counties in the 1980-81 fiscal year.

—CHILD CARING FUNDS REALLOCATED

Sec. 58.2.  Any funds appropriated by Section 2 of Chapter 838, Session Laws of 1979, to budget code 14449 (Social Services-State Aid to Non-State Health and Welfare Agencies), purpose 1710 (Child Caring Institutions), for fiscal year 1980-81 which will not be expended under a particular subhead because of the closure of that institution are hereby reappropriated, for fiscal year 1980-81, pro rata, to the other institutions under purpose 1710, in proportion to the amount already appropriated to that institution relative to the total amount appropriated under that purpose, not including the closed institution.

Sec. 58.3.  Any funds reappropriated pursuant to Section 58.2 of this act shall be considered part of that institution's base budget for 1980-81 in preparing continuation budget estimates for the 1981-83 biennium.

—ENERGY DIVISION/COMMERCE

Sec. 59.  In the event of fuel shortages, funds appropriated to the Department of Commerce, Energy Division, as a reserve to match federal funds may be used by the Department to operate an emergency fuel allocation program for the duration of the emergency.

—STATE PORTS CONSTRUCTION FUNDS

Sec. 61.  Funds appropriated to the Department of Commerce for 1979-80 in Section 4, Chapter 731 of the 1979 Session Laws, in the amount of two million seven hundred thousand dollars ($2,700,000) designated for State Ports - Berth C Development - Wilmington are designated for State Ports - Container Terminal Expansion - Wilmington.

—CASH FLOW/HIGHWAY FUND APPROPRIATIONS

Sec. 62.  Article 1 of Chapter 143 of the General Statutes is amended by adding a new section to be numbered G.S. 143-28.1 and to read as follows:

"§ 143-28.1.  Highway Fund appropriation. — Notwithstanding any other provisions of this Article, the appropriations made from the Highway Fund for highway construction and maintenance are subject to the following provisions.

(1)        Cash Flow Funding for Highway Construction and Maintenance. — Highway maintenance and construction funds shall be budgeted, expended and accounted for on a 'cash flow* basis. Pursuant to this end, highway maintenance and construction contracts shall be planned and limited so payments due at any time will not exceed the cash available to pay them.

(2)        Appropriations are for Payments and Contract Commitments to be Made in the Appropriation Fiscal Year. — The appropriations provided for by the Appropriations Act for highway maintenance and construction are for maximum payments estimated to be made during the appropriation fiscal year and for maximum contracting authority for future years. Highway maintenance and construction contracts shall be scheduled so that the total contract payments and other expenditures charged to projects in the fiscal year for each highway maintenance and construction appropriation item will not exceed the current appropriations provided by the General Assembly and unspent prior appropriations made by the General Assembly for the particular appropriation item.

(3)        Payments Subject to Availability of Funds - Retainage Fully Funded - 5% Cash Balance Required. — The annual appropriations for highway maintenance and construction provided for by the Appropriations Act shall be expended only to the extent that sufficient funds are available in the Highway Fund. The Department of Transportation shall fully fund retainage from maintenance and construction contracts in the year in which the work is performed, and in addition shall maintain an available cash balance at the end of each month equal to at least five percent (5%) of the unpaid balance of the total maintenance and construction contract obligations. In the event this cash position is not maintained, no further construction and maintenance contract commitments shall be entered into until the cash balance has been regained.

(4)        Anticipation of Revenues. — In awarding State highway construction and maintenance contracts requiring payments beyond a biennium, the Director of the Budget may anticipate revenues as authorized and certified by the General Assembly, to continue contract payments for up to seventy-five percent (75%) of the revenues which are estimated for the first fiscal year of a succeeding biennium and which are not required for other budget items. Up to fifty percent(50%) of the revenues not required for other budget items may be anticipated for the second and subsequent fiscal years' contract payments. After making provisions for federal-aid matching funds, the amounts remaining for State highway construction shall be utilized for the primary, secondary and urban system highways in the same proportionate amounts as are provided in the appropriations for the current fiscal year.

(5)        Amounts Obligated - Payments Subject to the Availability of Funds - Termination of Contracts. — Highway maintenance and construction appropriations may be obligated in the amount of allotments made to the Department of Transportation by the Office of State Budget and Management for the estimated payments for maintenance and construction contract work to be performed in the appropriation fiscal year. The allotments shall be multi- year allotments and shall be based on estimated revenues and shall be subject to the maximum contract authority contained in subdivision (2) above. Payment for highway maintenance and construction work performed pursuant to contract in any fiscal year other than the current fiscal year will be subject to appropriations by the General Assembly. Highway maintenance and construction contracts shall contain a schedule of estimated completion progress and any acceleration of this progress shall be subject to the approval of the Department of Transportation provided funds are available. The State reserves the right to terminate or suspend any highway maintenance or construction contract and any highway maintenance or construction contract shall be so terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications.

(6)        Provision Incorporated in Contracts. — The provisions of subdivision (5) of this section shall be incorporated verbatim in all highway construction and maintenance contracts.

(7)        Existing Contracts are not Affected. — The provisions of this section shall not apply to highway construction and maintenance contracts awarded by the Department of Transportation prior to July 15, 1980."

—INCREASED RETIREMENT FORMULA AND UNREDUCED BENEFITS IN TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 63.  G.S. 135-5(b6) is amended by rewriting the first four lines to read:

"(b6)    Service Retirement Allowance of Members Retiring on or after July 1, 1977, but prior to July 1, 1980. — Upon retirement from service, in accordance with subsection (a) above, on or after July 1, 1977, but prior to July 1, 1980, a member shall receive a service retirement allowance computed as follows:".

Sec. 64. G.S. 135-5 is further amended by the addition of a new subsection immediately after (b6) to read:

"(b7)    Service Retirement Allowance of Members Retiring on or after July 1, 1980. — Upon retirement from service, in accordance with subsection (a) above, on or after July 1, 1980, a member shall receive a service retirement allowance computed as follows:

(1)        If the member's service retirement date occurs on or after his sixty-fifth birthday, regardless of his years of creditable service, or after the completion of 30 years of creditable service, such allowance shall be equal to one and fifty- seven hundredths percent (1.57%) of his average final compensation, multiplied by the number of years of his creditable service.

(2)        If the member's service retirement date occurs after his sixtieth and before his sixty-fifth birthday and prior to his completion of 30 or more years of creditable service, his retirement allowance shall be computed as in (1) above but shall be reduced by one-quarter of one percent (1/4 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.

(3)        If the member's service retirement date occurs before his sixtieth birthday and prior to his completion of 30 or more years of creditable service, his service retirement allowance shall be the actuarial equivalent of the allowance payable at the age of 60 years as computed in (2) above.

(4)        Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1963, shall receive not less than the benefit provided by G.S. 135-5(b)."

—INCREASED RETIREMENT FORMULA IN LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND

Sec. 65.  G.S. 143-166(y), is rewritten to read:

"(y)       Any member in service may retire on a basic service retirement allowance who: has attained 50 years of age and has completed 15 or more years of creditable service; or, has completed 30 or more years of creditable service; or, has attained 55 years of age.

Under such rules and regulations as are otherwise adopted by the Board of Commissioners, a member eligible to retire under this subsection shall receive a basic service retirement allowance equal to one and fifty-seven one hundredths percent (1.57%) of his average final compensation (calculated as the average annual compensation of a member during the four consecutive years of membership service producing the highest such average), multiplied by the number of years of his creditable service, and reduced by one-third of one percent (1/3 of 1%) for each month by which his date of retirement precedes his 55th birthday, except that no reduction in the basic service retirement allowance shall apply to any member who has 30 or more years of creditable service at the time of his retirement.

Any member who is less than 55 years of age with five or more years of creditable service and who has been totally and permanently incapacitated for duty, or any member who is less than 55 years of age with one or more years of membership service and who has been totally and permanently incapacitated for duty as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place may, upon application of the member or his employer, be retired by the Board of Commissioners on a basic disability retirement allowance as is set forth below. The Board of Commissioners shall not grant a basic disability retirement allowance to any member for whom application for disability retirement is received more than a year after the onset of incapacity for duty or, if the member is in receipt of compensation from his employer on account of such incapacity for duty for more than one year, more than 30 days after the cessation of that compensation.

Under such rules and regulations as are otherwise adopted by the Board of Commissioners, a member eligible for a basic disability retirement allowance shall receive a disability retirement equal to one and fifty-seven one hundredths percent (1.57%) of his average final compensation calculated as the average annual compensation of a member during the four consecutive years of membership service producing the highest such average, multiplied by the number of years of creditable service which he would have had if he had continued in service until his 55th birthday.

The Board of Commissioners shall implement the provisions of this subsection by the adoption of necessary and reasonable rules and regulations."

—COST-OF-LIVING ALLOWANCE INCREASES IN TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 66.  G.S. 135-5 is amended by adding new subsections (bb) and (cc) to read:

"(bb)    Notwithstanding the foregoing provisions, the increase in allowance to each beneficiary on the retirement rolls as of July 1, 1979, which shall become payable on July 1, 1980, as otherwise provided in G.S. 135-5(o), shall be the current maximum four percent (4%) plus an additional three percent (3%) computed on the retirement allowance prior to any increase authorized by paragraph (x4) of this section. Provisions of this subsection shall apply also to the allowance of a surviving annuitant of a beneficiary.

(cc)      Increases in Benefits to Those Persons Who Were Retired Prior to July 1, 1977. From and after July 1, 1980, the monthly benefits to or on account of persons who commenced receiving benefits from the system prior to July 1, 1977, shall be increased by a percentage in accordance with the following schedule:

Period in Which Benefits Commenced                                    Percentage

On or before June 30, 1963                                                         10%

July 1, 1963, to June 30, 1968                                                     7%

July 1, 1968, to June 30, 1977                                                     2%

This increase shall be calculated before monthly retirement allowances, as of July 1, 1980, have been increased for all cost-of-living increases allowed for the same period."

—PENSION INCREASES FOR PENSIONERS IN TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 67.  Pensions paid to public school teachers and State employees with 20 or more years of service, who separated from service prior to July 1, 1941, and who had attained the age of 65 years on or before August 1, 1959, shall be increased by ten percent (10%).

—COST-OF-LIVING ALLOWANCE INCREASES FOR RETIRED LAW ENFORCEMENT OFFICERS

Sec. 68.  G.S. 143-166 is amended by adding new subsections (x3) and (x4) to read:

"(x3)     Notwithstanding the foregoing provisions, the increase in allowance to each beneficiary on the retirement rolls as of July 1, 1979, which shall become payable on July 1, 1980, shall be three percent (3%) computed on the retirement allowance prior to any increase authorized by paragraph (x4) of this section. Provisions of this subsection shall apply also to the allowance of a surviving annuitant of a beneficiary.

(x4)      From and after July 1, 1980, the total monthly benefits to or on account of persons who commenced receiving benefits from the Retirement Fund prior to July 1, 1977, shall be increased by a percentage thereof. Such percentage shall be determined in accordance with the following schedule:

Period Benefits Commenced                                                  Percentage

July 1, 1976, to June 30, 1977                                                   1-1/2%

July 1, 1975, to June 30, 1976                                                         8%

July 1, 1974, to June 30, 1975                                                        15%

Prior to July 1, 1974                                                                       23%

This increase shall be calculated before monthly retirement allowances, as of July 1, 1980, have been increased for all cost-of-living increases allowed for the same period."

—COST-OF-LIVING ALLOWANCE INCREASES IN UNIFORM JUDICIAL RETIREMENT SYSTEM

Sec. 69.  G.S. 135-65 is amended by adding a new subsection (c) to read as follows:

"(c)       Increases in benefits paid to members retired prior to July 1, 1979. Notwithstanding the foregoing provisions, the increase in allowance to each beneficiary on the retirement rolls as of July 1, 1979, which shall become payable on July 1, 1980, shall be the current maximum four percent (4%) plus an additional six percent (6%) to a total of ten percent (10%) for the year 1980-81 only. The provisions of this subsection shall apply also to the allowance of a surviving annuitant of a beneficiary."

—COST-OF-LIVING ALLOWANCE INCREASES FOR RETIRED SOLICITORS

Sec. 70.  There are appropriated in Section 2 of this act funds which when added to system actuarial gains, will provide for a four percent (4%) cost- of-living increase for fiscal year 1980-81 in accordance with G.S. 135-5(o) plus an additional six percent (6%) to a total of ten percent (10%) for the year 1980-81 only, to members of the Uniform Solicitorial Retirement System who retired prior to July 1, 1979. The provisions of this section shall apply also to the allowance of a surviving annuitant of a beneficiary.

—COST OF LIVING ALLOWANCE INCREASES FOR RETIRED CLERKS OF COURT

Sec. 71.  There are appropriated in Section 2 of this act funds to provide a four percent (4%) cost-of-living increase for fiscal year 1980-81 in accordance with G.S. 135-5(o) plus an additional six percent (6%) to a total of ten percent(10%) for the year 1980-81 only, to members of the Clerks of Court Retirement System who retired prior to July 1, 1979. The provisions of this section shall apply also to the allowance of a surviving annuitant of a beneficiary.

—STATE FUNDING/BASIC BENEFIT/LAW ENFORCEMENT OFFICERS BENEFIT AND RETIREMENT FUND

Sec. 72.  G.S. 143-166(i) is amended by deleting the last paragraph.

PART XII.— SPECIAL PROVISIONS—APPROPRIATIONS ACT— RETAIN 1979 APPROPRIATIONS LIMITATIONS AND DIRECTIONS

Sec. 73.  Except where expressly repealed by this act, the provisions of 1979 Session Laws Chapter 838, and the provisions of 1979 Session Laws Chapter 731, shall remain in effect.

Sec. 74. Notwithstanding any modifications by this act in the amounts appropriated, except where expressly repealed, the limitations and directions in 1979 Session Laws Chapter 838 and Chapter 731 that applied to 1980-81 appropriations to particular agencies or for particular purposes shall apply to the newly enacted appropriations of this act to those same particular purposes.

—EXECUTIVE BUDGET ACT REFERENCE

Sec. 75.  The provisions of the Executive Budget Act, Chapter 143, Article 1, of the General Statutes, are reenacted and shall remain in full force and effect and are incorporated in this act by reference.

—EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY 1980-81

Sec. 76.  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. 77.  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. 78.  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. 79.  All sections of this act except Sections 9.1 and 30 shall become effective July 1, 1980.

Sec. 80.  Sections 9.1 and 30 of this act shall become effective with the convening of the regular session of the 1981 General Assembly.

In the General Assembly read three times and ratified, this the 20th day of June, 1980.