GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 876
AN ACT TO MAKE MISCELLANEOUS CHANGES TO THE STATE BUDGET FOR THE 1987-89 FISCAL BIENNIUM.
The General Assembly of North Carolina enacts:
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---TECHNICAL CORRECTIONS/LOCAL DISCRETIONARY FUNDS
Section 1. Section 6 of Chapter 830 of the 1987 Session Laws is amended as follows:
(a) Paragraph H59 is amended by deleting the words "Twenty thousand dollars ($20,000)" and substituting the words "Ten thousand dollars ($10,000)".
(b) Paragraph H426 is amended by deleting the words "Town of Williamston" and substituting the phrase "Friends of Old Martin County Courthouse, Inc.,".
(c) Paragraph H951 is amended by deleting the words "Twenty thousand dollars ($20,000)" and substituting the words "Sixty thousand dollars ($60,000)".
(d) By adding a new paragraph to read:
"H1343 MITCHELL COUNTY SCHOOL PROGRAMS FUNDS
Ten thousand dollars ($10,000) to the Mitchell County Board of Education, seven thousand dollars ($7,000) to be allocated for the promotion of its high schools' physical education, athletic, and band programs and three thousand dollars ($3,000) to be allocated as startup funding for the After-School Child-Care Program at Tipton Hill School. The Mitchell County Board of Education shall distribute the seven thousand dollars ($7,000) allocation among the high schools based on their average daily membership in grades 9 through 12. The funds shall be expended in the discretion of the high schools for their physical education, athletic, and band programs."
(e) Paragraph H1630 is amended by deleting the words "Durham County Commission on the Status of Women" and substituting the words "Durham County Women's Commission".
(f) Paragraph H1649 is rewritten to read:
"H1649 HAROLD D. COOLEY LIBRARY FUNDS
Five thousand dollars ($5,000) to the Harold D. Cooley Library in Nash County for renovations to the library and for the construction of an addition to the library."
(g) Paragraph H1651 is amended by deleting the words "the Thomas Hackney Braswell Memorial Library for".
(h) Paragraph H1699 is amended by rewriting the second sentence to read:
"Ten thousand dollars ($10,000) to King Outreach Ministry, Inc., to assist low-income people in time of crisis and to renovate its services building."
(i) Paragraph H1792 is amended by adding a second sentence to read:
"Five thousand dollars ($5,000) to the Flora Macdonald Educational Foundation, Inc., for the maintenance and preservation of the historical Flora Macdonald College in Red Springs."
(j) Paragraph H1820 is amended in the thirteenth sentence by deleting the words "Caswell County" and substituting the words "Lenoir County".
(k) Paragraph H1827 is amended by deleting the phrase "Seven thousand dollars ($7,000)" and substituting the phrase "Five thousand dollars ($5,000)".
(l) Paragraph H1837 is deleted in its entirety.
(m) Paragraph H1908 is amended by deleting the words "Cumberland County" and substituting the words "Southeastern Cumberland County Rural Community, Association, Inc."
(n) Paragraph H1948 is rewritten to read:
"H1948 SPECIAL OLYMPICS FUNDS
Four thousand dollars ($4,000) to Cleveland County for the Special Olympics Program in Cleveland County."
(o) By adding a new paragraph to read:
"H1959 HOKE COMMUNICATIONS FUNDS
Seven thousand five hundred dollars ($7,500) to Hoke County to upgrade the county's communication equipment."
(p) Paragraph H2033 is amended by deleting the phrase "Twelve thousand dollars ($12,000)" and substituting the phrase "Ten thousand dollars ($10,000)".
(q) Paragraph H2080 is amended by rewriting the first sentence to read: "Ten thousand dollars ($10,000) to The Garner Road Young Men's Christian Association, Incorporated, to continue its family and youth counseling program."
(r) By adding a new paragraph to read:
"H2104 SOUTHEASTERN CUMBERLAND RURAL FUNDS
Four thousand dollars ($4,000) to Southeastern Cumberland County Rural Community, Association, Inc., for community projects including after-school programs, programs for adults and senior citizens, playground equipment and classroom air conditioners."
(s) Paragraph S959 is rewritten to read:
"S959 ROGER PAGE CENTER FUNDS
Forty thousand dollars ($40,000) to the City of Winston-Salem for the Roger Page Business and Technical Center, to encourage and develop the region's small business economy."
(t) Paragraph S1005 is amended by deleting the phrase "Seven thousand five hundred dollars ($7,500)" and by substituting "Two thousand five hundred dollars ($2,500)".
(u) Paragraph S1007 is amended by deleting the phrase "Thirty thousand dollars ($30,000)" and substituting the phrase "Twenty-five thousand dollars ($25,000)".
(v) Paragraph S1235 is amended by rewriting the last sentence to read:
"Five thousand dollars ($5,000) for the Creedmoor Rescue Squad, for operating expenses and for equipment."
(w) Paragraph S1254 is rewritten to read:
"S1254 GARNER SENIOR CENTER FUNDS
Three thousand two hundred fifty dollars ($3,250) to The Garner Senior Center, Inc., for services for senior citizens, and for a Senior Citizens' facility."
(x) Paragraph S1291 is rewritten to read:
"S1291 CHATHAM WHITE PINES FUNDS
Two thousand five hundred dollars ($2,500) to the Triangle Land Conservancy to purchase a wilderness tract in Chatham County, known as White Pines."
(y) Paragraph S1305 is amended by deleting the words "Town of Marshall" and substituting the words "Town of Madison".
(z) Paragraph S1370 is rewritten to read:
"S1370 TRIANGLE LAND CONSERVANCY FUNDS
Two thousand five hundred dollars ($2,500) to the Triangle Land Conservancy to purchase a wilderness tract in Chatham County, known as White Pines."
(aa) Paragraph S1414 is deleted.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---SMALL FARM MARKETING FUNDS
Sec. 2. (a) Paragraph H242 of Section 6 of Chapter 830 of the 1987 Session Laws is amended by deleting the language "two hundred thousand dollars ($200,000)" and substituting "three hundred twenty-five thousand dollars ($325,000)".
(b) Paragraph S1248 of Section 6 of Chapter 830 of the 1987 Session Laws is amended by deleting the language "two hundred thousand dollars ($200,000)" and substituting "three hundred twenty-five thousand dollars ($325,000)".
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---TEACHER EFFECTIVENESS TRAINING STIPEND/APPLICABILITY CLARIFIED
Sec. 3. Section 207 of Chapter 738 of the 1987 Session Laws reads as rewritten:
"Sec. 207. Funds in the amount of nine million sixty-eight thousand dollars ($9,068,000) are appropriated in Section 2 of this act to the Department of Public Education to provide a stipend of two hundred fifty dollars ($250.00) to each certified public school employee who:
(1) (i) while employed by a North Carolina public school, successfully completed the effective teacher training program, (ii) has not yet received a stipend, and (iii) will be teaching in or on leave from the North Carolina public schools during the 1987-88 school year; or
(2) (i) was employed in the North Carolina public schools full time as a State-paid teacher during the 1986-87 school year and (ii) successfully completes the effective teacher training program prior to June 1, 1988.
This section does not authorize the payment of a stipend to a teacher who is employed for the first time as a full-time State-paid teacher in the North Carolina public schools during the 1987-88 school year.
Notwithstanding any other provision of law, this stipend shall be considered a general expense item and not subject to social security or State retirement."
Requested by: Sen. Plyler
---ANSON TC WATER AND SEWER LINE FUNDS
Sec. 4. The funds allocated to Anson Technical College in Section 19 of Chapter 795 of the 1987 Session Laws are reallocated to the Anson County Board of County Commissioners. These funds shall be used to extend the sewer line from the Anson County sewer line on U.S. Highway 74 westward to Anson Technical College.
Requested by: Rep. John Hunt
---ISOTHERMAL CC MATCHING REQUIREMENT/CORRECTION
Sec. 5. Section 22.1 of Chapter 795 of the 1987 Session Laws is amended by deleting the language "1985 General Assembly" and substituting "1983 General Assembly".
Requested by: Rep. Bob Etheridge
---HARNETT SATELLITE/NO MATCH
Sec. 6. Funds allocated to Central Carolina Technical College for capital projects for the Harnett Satellite in Section 19 of Chapter 795 of the 1987 Session Laws are not subject to any matching requirement.
Requested by: Sen. Plyler
---REPEAL SUBSTANCE ABUSE PROGRAM CHANGES
Sec. 7. Section 13 of Chapter 830 of the 1987 Session Laws is repealed.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---EXPANSION OF COMMUNITY PENALTIES PROGRAM
Sec. 8. The two hundred five thousand eight hundred dollars ($205,800) appropriated to the Department of Crime Control and Public Safety for expansion of the community penalties program shall be used during the 1987-88 fiscal year to expand the community penalties program by adding four new programs, one to be located in each of the following districts: District 14, District 15B, District 27A, and the Eastern Division, to further expand the existing nine programs, and to provide administrative cost for the existing and the new programs.
Requested by: Rep. Hunter
---LAKE JAMES STATE PARK
Sec. 9. (a) Pursuant to the provisions of Chapter 243 of the 1987 Session Laws, the General Assembly creates and establishes Lake James State Park as a State recreation area in the State Park System.
(b) The Department of Administration and the Department of Natural Resources and Community Development shall immediately proceed in the acquisition and development of property for Lake James State Park, within appropriated funds. Both departments shall report quarterly to the Joint Legislative Commission on Governmental Operations, beginning August of 1987, on their progress.
(c) The Department of Natural Resources and Community Development, Division of Parks and Recreation, may contract for and supervise all aspects of architecture, engineering, and construction of Lake James State Park as a pilot project, including examination and approval of all changes in plans and specifications made after the contract for work has been awarded, without being subject to the requirements of the following:
(1) G.S. 143-128 and 143-132, and rules implementing those statutes;
(2) G.S. 143-31.1 and 143-341(3) and rules implementing that statute; provided, however, the Department of Administration shall, if the Department of Natural Resources and Community Development, Division of Parks and Recreation so requests, assist the Division in the prefinal and final inspections of Lake James State Park;
(3) State Statutes, rules, and executive orders referred to in Chapter 2, Section 203.1 b. 16 a), b), d), and f) of the North Carolina Construction Manual (6th Edition) prepared by the Division of State Construction, North Carolina Department of Administration.
The provisions of G.S. 143-135.3 shall apply to contracts entered into pursuant to this section.
If State employees are not available to adapt a State-owned design for Lake James State Park, the Department of Natural Resources and Community Development, Division of Parks and Recreation, may use funds appropriated to hire a consultant to adapt the State-owned design.
(d) The Department of Natural Resources and Community Development, Division of Parks and Recreation, shall report to the Joint Legislative Commission on Governmental Operations prior to entering into any contracts for or performing any work on a project subject to the provisions of this act. The report shall include a description of any contracts the Division intends to enter into for the project, a description of any work the Division intends to perform on the project, the projected cost of the project and the schedule for completion of the project.
Requested by: Rep. Hunter
---PARK LANDS FUNDS
Sec. 10. Section 32 of Chapter 795 of the 1987 Session Laws, as amended by Chapter 830 of the 1987 Session Laws is further amended by adding a new subdivision to read:
"(2b) The sum of eighty thousand dollars ($80,000) for the 1987-88 fiscal year and the sum of one hundred thousand dollars ($100,000) for the 1988-89 fiscal year shall be used for the operation of the State Park at Lake James; and".
Requested by: Rep. Bruce Ethridge
---PURCHASE OF NATURAL AREAS
Sec. 11. Section 32(3) of Chapter 795 of the 1987 Session Laws is amended in the first sentence by inserting between the word "purchase" and the word "the" the words "natural areas and".
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---APPROPRIATIONS REPORTS
Sec. 12. G.S. 143-15 is amended by adding the following at the end:
"Reports to or of the appropriations committees or their subcommittees indicate action by the General Assembly when they are used in preparation of or amendment to appropriations acts."
Sec. 12.1 Funds allocated to Sampson Technical College for capital projects in Section 19 of Chapter 795 of the 1987 Session Laws are not subject to any matching requirement.
Requested by: Sen. Walker, Rep. Nye
---CURRENT OPERATIONS BLOCK GRANT CORRECTIONS
Sec. 13. (a) The appropriation of Low Income Energy Block Grant Funds in Section 4 of Chapter 738 of the 1987 Session Laws is amended by reducing the amount in item 06. by eight hundred seventy-six thousand eight hundred sixty-one dollars ($876,861) to eight hundred seventy-six thousand six hundred ninety-three dollars ($876,693) and adding a new item to read:
"09. Transfer to Maternal and
Child Health Block Grant
for Family Planning Services
in Local Health Departments $876,861".
(b) The appropriation of Maternal and Child Health Services funds in Section 4 of Chapter 738 of the 1987 Session Laws is amended by increasing the amount in item 01. by eight hundred seventy-six thousand eight hundred sixty-one dollars ($876,861) to $10,467,980 and by increasing the total accordingly to $15,922,813.
(c) The appropriation of Social Services Block Grant funds in Section 4 of Chapter 738 of the 1987 Session Laws is amended by increasing the amount in item 14. by five hundred fifty-eight thousand five hundred twelve dollars ($558,512) to $720,141, and increasing the total accordingly to $70,842,385.
Requested by: Rep. B. Brown
---ADAP PROGRAM FUNDS MODIFICATION
Sec. 14. Section 66(1) of Chapter 830 of the 1987 Session Laws reads as rewritten:
"(1) One hundred thousand
dollars ($100,000) for the Roanoke-Chowan Human Services Center as a
grant-in-aid to the Roanoke-Chowan Sheltered Workshop for operating and
production expenses. expenses and for renovation of the Roanoke-Chowan
Human Services Facilities;"
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---WARRANTS FOR CERTAIN APPROPRIATIONS
Sec. 15. Other than those to State agencies, the Office of State Budget and Management shall draw warrants for appropriations made by the 1987 General Assembly, and send them no later than November 1, 1987, by U.S. Mail to the entity entitled to receive them, at the address supplied by the Fiscal Research Division, unless matching fund requirements or other legal requirements have not been met. In those instances the warrants shall be sent under the same procedure as soon as the requirements have been met.
Requested by: Sen. Royall
---DURHAM Y.W.C.A. RAPE CRISIS CHILD SERVICES FUNDS
Sec. 16. There is appropriated from the General Fund to the Young Women's Christian Association of Durham, N.C., Inc., the sum of thirty-seven thousand five hundred dollars ($37,500) for the 1987-88 fiscal year for the Rape Crisis Center Child Services Program.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---FLAT ROCK THEATER FUND USAGE
Sec. 17. Funds appropriated for the Office of State Budget and Management in the amount of twenty-five thousand dollars ($25,000) in Chapter 830 of the 1987 Session Laws as a grant-in-aid to the State Theater of North Carolina at Flat Rock may be used for capital and operating expenses of the Flat Rock Playhouse.
Requested by: Rep. Barnes
---SATELLITE JAIL GRANT FUND PLANNING
Sec. 17.1. The Office of State Budget and Management may proceed to plan for the implementation of the satellite jail grant program in accordance with Chapter 207 Session Laws of 1987. Staff time devoted to this planning shall be absorbed within the funds appropriated to the Office of State Budget and Management for fiscal year 1987-88.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---ADVANCE PLANNING/SBI LAB
Sec. 18. There is appropriated from the General Fund to the Department of Justice the sum of four hundred thousand dollars ($400,000) for the 1987-88 fiscal year for advance planning of a State Bureau of Investigation laboratory.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---ALE DIVISION FUNDS
Sec. 20. Effective October 1, 1987, there is appropriated from the General Fund to the Department of Crime Control and Public Safety the sum of three million six hundred eighty-six thousand three hundred sixty-six dollars ($3,686,366) for the remainder of the 1987-88 fiscal year to cover the operating expenses of the Alcohol Law Enforcement Division.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---DEPUTY PRESIDENT PRO TEMPORE
Sec. 21. The Deputy President Pro Tempore of the Senate shall be paid an annual salary of fifteen thousand three hundred eighty-four dollars ($15,384), payable monthly and an expense allowance of three hundred fifty-four dollars ($354.00) per month.
Requested by: Rep. Bumgardner
---LINCOLN COUNTY APPLE GROWERS FUNDS DO NOT REVERT
Sec. 22. Funds in the amount of ten thousand dollars ($10,000) appropriated from the General Fund to the Lincoln County Apple Growers' Association by Section 2 of Chapter 1355 of the 1981 Session Laws shall not revert, but shall remain available to sponsor the Lincoln County Apple Festival.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---MUSEUM OF ART
Sec. 23. There is appropriated from the General Fund to the Department of Cultural Resources the sum of thirty-six thousand seven hundred eighty-eight dollars ($36,788) for the 1987-88 fiscal year and the sum of sixty-three thousand four hundred twenty-one dollars ($63,421) for the 1988-89 fiscal year to fully fund new security guard positions at the North Carolina Museum of Art.
Requested by: Rep. Watkins
---SIPS
Sec. 23.1. (a) The functions and powers of the Secretary of the Department of Administration relating to the administration of the State Information Processing Services are hereby transferred to the State Controller as follows: Those functions, powers and duties related to the authority to carry out the provisions of G.S. 143-341(9) and the staff and services provisions of G.S. 143B-426.21.
(b) This section is effective until August 1, 1988.
Requested by: Rep. Nye
---HAZARDOUS WASTE RECEIPT USE
Sec. 24. Section 99 of Chapter 738 of the 1987 Session Laws is rewritten to read:
"Sec. 99. There is appropriated from the General Fund to the Department of Human Resources, Division of Health Services, Solid and Hazardous Waste Management Branch, the sum of one hundred thousand dollars ($100,000) for the 1987-88 fiscal year, for the purpose of employing additional staff to undertake hazardous waste facility inspection, permitting, and all other essential regulatory activities required by Chapter 773 of the 1987 Session Laws. All receipts generated pursuant to Chapter 773 shall be deposited in the General Fund."
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---BETSY-JEFF PENN 4-H CENTER DIRECTOR
Sec. 25. Of the funds appropriated to the Board of Governors of The University of North Carolina in Section 2 of Chapter 738 of the 1987 Session Laws for expansion of agricultural programs, the Board may use up to thirty thousand dollars ($30,000) for fiscal year 1987-88 and up to thirty thousand dollars ($30,000) for fiscal year 1988-89 to provide a full-time director at the Betsy-Jeff Penn 4-H Center.
Requested by: Sens. Plyler, Rand, Royal, Reps. Watkins, Bob Etheridge, Nesbitt
---TEACHERS WITH MASTERS DEGREES/SALARY INCREASE
Sec. 26. (a) Section 19.1(d) of Chapter 1137 of the 1979 Session Laws (Second Session 1980), as rewritten by Chapter 1053 of the 1981 Session Laws, Section 46 of Chapter 757 of the 1985 Session Laws and Section 57 of Chapter 1014 of the 1985 Session Laws (Regular Session 1986) is further amended by rewriting proviso (1) to read:
"(1) in the case of a teacher who was awarded a higher teaching certificate from September 1, 1980, through June 30, 1987, as a result of a receipt of a masters degree, such person shall be entitled to credit for all teaching experience earned previously, recognizable under State Board of Education regulations, in determining placement on the salary schedule;".
(b) There is appropriated from the General Fund to the Department of Public Education the sum of one million ten thousand dollars ($1,010,000) for the 1987-88 fiscal year to implement this section.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---CLERICAL POSITIONS/TREASURER'S OFFICE
Sec. 27. The State Treasurer may use the sum of thirty-one thousand four hundred seventy-four dollars ($31,474) for the 1987-88 fiscal year and the sum of forty-one thousand three hundred fifty dollars ($41,350) for the 1988-89 fiscal year to support 2 accounting clerk IV positions to handle increased numbers of refund claims of escheated and abandoned property and to strengthen the audit program in the Escheat Administration Division.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---FAYETTEVILLE MINORITY BUSINESS FUNDS
Sec. 28. There is appropriated from the General Fund to the Fayetteville Business and Professional League the sum of one hundred thousand dollars ($100,000) for the 1987-88 fiscal year for the development and expansion of the League's Outreach Program to promote the growth of small businesses.
Requested by: Sens. Plyler, Rand, Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---BEAUFORT COUNTY FARMERS MARKET
Sec. 29. There is appropriated from the General Fund to Beaufort County the sum of twenty-five thousand dollars ($25,000) for the 1987-88 fiscal year as a grant-in-aid for a farmers market in Beaufort County.
Requested by: Rep. Watkins
---INCREASE FARMWORKER COUNCIL
Sec. 29.1. G.S. 143B-426.25(b) is amended as follows:
(1) by deleting the number "11" and substituting the number "12"; and
(2) by adding a new subdivision (7) to read:
"The Chairman of the Employment Security Commission or his designee shall serve ex officio;".
Requested by: Rep. Watkins
---NO REVERSIONS/CERTAIN FUNDS
Sec. 29.2. Funds appropriated in Section 2 of Chapter 830 of the 1987 Session Laws to the Office of State Budget and Management for State Aid and funds appropriated in Section 6 of Chapter 830 of the 1987 Session Laws shall remain available until expended for the purposes for which they were appropriated.
Requested by: Sens. Plyler, Rand Royall, Reps. Watkins, Bob Etheridge, Nesbitt
---HISTORIC ST. JOSEPH'S RESTORATION
Sec. 30. There is appropriated from the General Fund to the Department of Cultural Resources the sum of seventy-five thousand dollars ($75,000) for the 1987-88 fiscal year for the use and benefit of St. Joseph's Historic Foundation, Inc., for preserving, maintaining, and general expenses of maintaining the St. Joseph's historic site.
Requested by: Rep. Colton
---REALLOCATE FUNDS FOR BREVARD
Sec. 30.1. The funds appropriated in Section 8, Chapter 778 of the 1985 Session Laws to the City of Brevard for fiscal year 1985-86 shall not revert and may be used for the operation of the Transylvania County Arts Council, Inc., and for the continued development of a community arts facility in Brevard and Transylvania County.
Requested by: Sen. Royall, Rep. Watkins
---EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY-1987-89
Sec. 31. Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1987-89 biennium, the textual provisions of this act shall apply only to funds appropriated for and activities occurring during the 1987-89 biennium.
Requested by: Sen. Royall, Rep. Watkins
---SEVERABILITY CLAUSE
Sec. 32. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of the act as a whole or any part other than the part so declared to be unconstitutional or invalid.
Requested by: Sen. Royall, Rep. Watkins
---EFFECT OF HEADINGS
Sec. 33. The headings to the Parts and sections of this act are a convenience to the reader and are for reference only. The headings do not expand, limit, or define the text of this act.
Requested by: Sen. Royall, Rep. Watkins
---EFFECTIVE DATE
Sec. 34. Except as otherwise provided, this act shall become effective July 1, 1987.
In the General Assembly read three times and ratified this the 14th day of August, 1987.