GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 791

SENATE BILL 489

 

AN ACT TO MAKE ADDITIONAL APPROPRIATIONS FOR VARIOUS STATEWIDE PROJECTS AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The outline that follows 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.  This outline is for reference only, and the outline and the corresponding entries throughtout the act in no way limit, define, or prescribe the scope or application of the text of the act.

---CONTENTS/INDEX---

---SCHOOL QUALITY ASSURANCE FUNDS

Sec. 2.

---CHILDREN'S TRUST FUND MONIES

Sec. 3.

---SCHOOL HEALTH COORDINATORS FUNDS

Sec. 4.

---EMPLOYMENT/CERTIFIED TEACHERS

Sec. 5.

---PUPIL TRANSPORTATION PILOT PROGRAM

Sec. 6.

---SNOW DAYS

Sec. 7.

Sec. 8.

---TEACHER LEAVE POLICY PILOT PROGRAM

Sec. 9.

---COMMUNITY COLLEGE STAFF AND OPERATIONAL SUPPORT ALLOCATION

Sec. 10.

---COMMUNITY COLLEGE SALARY/TECHNICAL CORRECTION

Sec. 11.

---CASWELL COUNTY SATELLITE

Sec. 13.

---MAGNETIC RESONANCE IMAGING RESEARCH PROGRAMS

Sec. 14.

---UNENCUMBERED UNIV. FUNDS/USE

Sec. 15.

---INDIAN SCHOLARSHIPS

Sec. 15.1.

---COMMUNITY BASED SERVICES FOR THE MENTALLY ILL

Sec. 16.

---AREA ABUSED CHILDREN HOME FUNDS

Sec. 16.1.

---SUBSTANCE ABUSE FUNDS

Sec. 17.

---DEVELOPMENTAL DAY CENTER FUNDS

Sec. 17.1.

---WILLIE M. COSTS PER STUDENT

Sec. 18.

---EDUCATING WILLIE M. STUDENTS/STUDY

Sec. 18.1.

---PRESCRIPTION DRUG FUNDS FOR DISABLED

Sec. 19.

---HOME HEALTH CARE FUNDS

Sec. 19.1.

---TRANSPORTATION COSTS STUDY FOR THE ADULT DEVELOPMENTAL ACTIVITIES PROGRAM

Sec. 20.

---DAY CARE FUNDS/MATCH REQUIREMENT

Sec. 20.1.

---BLOCK GRANT TECHNICAL CORRECTION

Sec. 20.2.

---LAND RECORDS MANAGEMENT FUNDS

Sec. 21.

---FOREST FIRE FIGHTERS/FUNDS FOR PAGERS

Sec. 22.

---STATE PARKS LAND PURCHASE FUNDS/MODIFICATIONS

Sec. 23.

Sec. 24.

Sec. 25.

---EMPLOYMENT AND TRAINING ACT/TECHNICAL CORRECTION

Sec. 26.1.

---COMMERCIAL PROPAGATION OF VENUS FLY TRAP

Sec. 27.

---USE OF COASTAL SUBMERGED LANDS FUNDS CLARIFIED

Sec. 28.

---ARTIFICIAL REEF CONTROL FUNDS REMAIN AVAILABLE FOR EXPENDITURE

Sec. 29.

---STANLY FIRE PLOW FUNDS MODIFIED

Sec. 30.

---TRAVEL AND TOURISM FUNDS/LIMITATION ON EXPENDITURES

Sec. 31.

---NEW HANOVER FIRE PROTECTION FUNDS/TECHNICAL CORRECTION

Sec. 32.

---JOHNSTON ECONOMIC COMMISSION FUNDS/CERTIFICATION TO AUDITOR

Sec. 33.

---WILDLIFE RESOURCES COMMISSION/LICENSE AGENTS COMMISSION

Sec. 34.

---ROANOKE RIVER LAND PURCHASE

Sec. 34.1.

---FARMERS' MARKET FUNDS

Sec. 35.

---RENOVATION OF ART MUSEUM BUILDING

Sec. 36.

---MAGISTRATES' SALARY FUNDS

Sec. 39.

---CLARIFICATION OF MAGISTRATE'S SALARY INCREASE

Sec. 39.1.

---COURTS/TECHNICAL CORRECTION

Sec. 40.

---PORTRAIT OF JUSTICE DEVIN/FUNDS

Sec. 41.

---WEST ONSLOW BEACH FIRE AND RESCUE SQUAD

Sec. 42.

---TOBACCO ASSESSMENT

Sec. 43.

---OVERCOLLECTION OF REVENUES

Sec. 44.

---CHARLOTTE HAWKINS BROWN CENTER FUNDS

Sec. 45.

---LIVING-HISTORY FARM FUNDS/TECHNICAL CORRECTION

Sec. 46.

---SMALL BUSINESS DEVELOPMENT FUNDS

Sec. 47.

Sec. 48.

---SPOUSE ABUSE FUNDS

Sec. 49.

---INCENTIVE PAY PROGRAM ABOLISHED/TECHNICAL CHANGES

Sec. 50.

---REPORTS ON EXEMPTIONS FROM COMMUTING FEES

Sec. 51.

---COASTAL PLAINS ACADEMY FUNDS

Sec. 51.1

---PRIVATE LICENSE TAGS ON STATE-OWNED CARS LIMITED

Sec. 52.

---BIOTECHNOLOGY CENTER FUNDS/CORRECTION

Sec. 53.

---EXPENDITURES SUPPORTED BY CIVIL FINES AND PENALTIES

Sec. 54.

---CERTIFICATE OF NEED TECHNICAL CHANGE

Sec. 54.1.

---WARRANTS FOR CERTAIN APPROPRIATIONS

Sec. 55.

---BOARD OF CONTRACT APPEALS FUNDS

Sec. 55.1.

---LOCAL AND LEO RETIREMENT TECHNICAL CORRECTION

Sec. 56.

---EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY 1985-87

Sec. 57.

---EFFECTIVE DATE

Sec. 58.

 

---SCHOOL QUALITY ASSURANCE FUNDS

Sec. 2.  There is appropriated from the General Fund to the Department of Public Education the sum of two hundred thousand dollars ($200,000) for the 1985-86 fiscal year to implement the on-the-job training components of the Quality Assurance Program.  Components for which these funds may be expended include programs to assist in staff development and training for initially certified personnel, released time for mentors and support team members, travel for mentors and support team members, training materials, training for observers and evaluators, consultant services, and staff coordination.

The State Board of Education shall allocate these funds to local school administrative units at the rate of one hundred dollars ($100.00) for each initially certified individual employed in each unit during the 1985-86 fiscal year.

It is the intent of the General Assembly to provide a special appropriation for this purpose only for the 1985-86 fiscal year.

 

---CHILDREN'S TRUST FUND MONIES

Sec. 3.  There is appropriated from the General Fund to the Department of Public Education the sum of two hundred fifty thousand dollars ($250,000) for fiscal year 1985-86 and the sum of two hundred fifty thousand dollars ($250,000) for fiscal year 1986-87, to fund additional child abuse and prevention projects. These funds shall be deposited in the "Children's Trust Fund" in the State Treasurer's Office, to be used pursuant to Article 10 of Chapter 110 of the General Statutes and rules adopted by the State Board of Education.

 

---SCHOOL HEALTH COORDINATORS FUNDS

Sec. 4.  There is appropriated from the General Fund to the Department of Public Education the sum of one hundred twenty- eight thousand five hundred fifty-two dollars ($128,552) for the 1985-86 fiscal year and the sum of one hundred twenty-eight thousand five hundred fifty-two dollars ($128,552) for the 1986- 87 fiscal year for four additional health coordinators for the public schools.

The State Board of Education shall designate an impartial panel to review health education plans to be submitted by local school administrative units. Based upon the panel's evaluation of the plans, the State Board of Education shall allocate the funds for the additional health coordinators to four selected local school administrative units, one within each of the four educational districts demonstrating the greatest need for them. The State Board of Education may not, however, allocate funds for an additional health coordinator to any local school administrative unit that is already being served by a State-funded health coordinator.

 

---EMPLOYMENT/CERTIFIED TEACHERS

Sec. 5.  (a) Effective July 1, 1984, G.S. 115C-325 is amended by adding a new subsection to read:

"(p)      Section Applicable to Certain Institutions.

Notwithstanding any law or regulation to the contrary and the teachers' salary schedule as adopted by the State Board of Education, this section shall apply to all persons defined as teachers by this section who serve as teachers in the following schools and institutions:

Juvenile Evaluation Center

C. A. Dillon Dobbs School for Girls Samarkand Manor Stonewall Jackson."

(b)       Effective July 1, 1985, G.S. 115C-325(p) is rewritten to read:

"(p)      Section Applicable to Certain Institutions.

Notwithstanding any law or regulation to the contrary and the teachers' salary schedule as adopted by the State Board of Education, this section shall apply to all persons defined as teachers by this section who serve as teachers in the schools and institutions of the Departments of Human Resources and Correction."

(c)       Effective June 30, 1984, G.S. 115C-302(b) is repealed.

 

---PUPIL TRANSPORTATION PILOT PROGRAM

Sec. 6.  The State Board of Education may, if it is able to obtain non-State funds for this purpose, develop and administer a pupil transportation safety pilot program that will focus on the use of seat belts on new school buses.  This program, if established, shall be made up of three regional programs, one located in a local school administrative unit in the Mountain region, one in a unit located in the Piedmont region, and one in a unit located in the Eastern region.  The State Board of Education shall adopt rules to develop and administer this program if it is established.  These rules may provide for community participation in monitoring the use of seat belts in school buses.  The State Board of Education shall report on this program by May 1, 1987, to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division.  The report shall include the State Board of Education's recommendations on the value of seat belts as a safety mechanism and on the most effective ways to implement their use, if it does recommend them.

 

---SNOW DAYS

Sec. 7.  The second sentence of G.S. 115C-84(c) is amended by deleting the language "up to five" and substituting "up to two".

Sec. 8.  G.S. 115C-84(c) is amended by inserting after the second sentence the following:

"If the last day of school would otherwise be a Monday, a local board of education may also excuse teachers and students from attendance for a third such day."

 

---TEACHER LEAVE POLICY PILOT PROGRAM

Sec. 9.  The State Board of Education shall implement a two-year pilot program on teacher leave policies in three local school administrative units that are representative of the State. This pilot program shall be implemented within funds available to the State Board for substitute teachers.

The pilot program shall provide that at the end of each school year, teachers who are not permitted to take annual leave on days when school is in session may opt to be paid fifty dollars ($50.00) a day for the first three sick leave days and two personal leave days not taken or to accumulate these leave days as otherwise provided by law.

The State Board shall monitor this pilot program to determine whether it has a positive effect on test scores and/or teacher morale. The State Board shall report on this program after it receives student test scores each year to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division.

 

---COMMUNITY COLLEGE STAFF AND OPERATIONAL SUPPORT ALLOCATION

Sec. 10.  Of the funds allocated to the Department of Community Colleges for State aid - Line item 1600-6322, special allotments, the sum of fifty-six thousand dollars ($56,000) for fiscal year 1985-86 and the sum of fifty-six thousand dollars ($56,000) for fiscal year 1986-87 shall be used to provide additional staff and operational support for the Department of Community Colleges.

 

---COMMUNITY COLLEGE SALARY/TECHNICAL CORRECTION

Sec. 11.  Section 199 of Chapter 479 of the 1985 Session Laws is amended by adding a sentence to read:  "In compliance with Section 201 of this act, the State Board of Community Colleges may allocate funds under this section to individuals based upon the amount of employment available to those individuals."

 

---CASWELL COUNTY SATELLITE

Sec. 13.  Notwithstanding all rules and regulations and laws to the contrary, Caswell County is hereby assigned to Piedmont Technical College which, as the primary provider of services in Caswell County, is authorized to offer all classes, programs and services at all locations in the County, including all Cooperative Program Agreement courses for the Caswell County Board of Education at Bartlett-Yancey High School.

To assure a smooth transfer of responsibility and to assure that programs or services provided to the citizens of Caswell County will be continued at an appropriate level of quality, other institutions of the Community College System which are presently offering classes in Caswell County are authorized to continue these presently started classes until completed. No new classes shall be begun by any other institution of the Community College System in Caswell County after July 1, 1985. Any classes after this date shall be provided by Piedmont Technical College.

Other technical/community colleges may be permitted to offer classes, programs or services in Caswell County after July 1, 1985, only by prior written agreement with Piedmont Technical College, the primary provider of services for Caswell County.

 

---MAGNETIC RESONANCE IMAGING RESEARCH PROGRAMS

Sec. 14.  Funds in the amount of one million dollars ($1,000,000) allocated by Section 56 of Chapter 1034 of the 1983 Session Laws, Regular Session 1984, as a grant-in-aid to Bowman Gray School of Medicine in Winston-Salem may be used to reimburse the school for nuclear magnetic resonance equipment it has purchased.  These funds may not be used by the school for research programs or clinical investigation.

 

---UNENCUMBERED UNIV. FUNDS/USE

Sec. 15.  Notwithstanding any other provisions of the law, any unencumbered or unexpended funds, appropriated or allocated for contracted projects, remaining in the capital improvement codes credited to The University of North Carolina Board of Governors or the 16 constituent institutions may be used to complete the renovation of the Anderson School at Winston- Salem State University.

 

---INDIAN SCHOLARSHIPS

Sec. 15.1.  Of the funds appropriated in Section 2 of Chapter 479 of the 1985 Session Laws to the Board of Governors of The University of North Carolina for expansion and improvement of programs, the sum of twenty thousand dollars ($20,000) for the 1985-86 fiscal year and the sum of twenty thousand dollars ($20,000) for the 1986-87 fiscal year shall be allocated, in addition to funds already appropriated for that purpose, to increase grants available under the American Indian Student Legislative Grant Program.

 

---COMMUNITY BASED SERVICES FOR THE MENTALLY ILL

Sec. 16.  There is appropriated from the General Fund to the Department of Human Resources, Division of Mental Health, Mental Retardation, and Substance Abuse Services, the sum of one million two hundred fifty thousand dollars ($1,250,000) for fiscal year 1985-86, and the sum of one million two hundred fifty thousand dollars ($1,250,000) for fiscal year 1986-87 to be allocated to the area mental health, mental retardation, and substance abuse authorities to provide specific community based support services to adults with chronic mental illness.  These funds shall be allocated by the Division to the area authorities as follows:

(1)       Seventy-five percent (75%) of the appropriated funds to area authorities on a per capita basis;

(2)       Twenty-five percent (25%) of the appropriated funds to area authorities on the basis of local need.

 

---AREA ABUSED CHILDREN HOME FUNDS

Sec. 16.1.  There is appropriated from the General Fund to the Area Abused Children Home in Union County the sum of twenty thousand dollars ($20,000) for the 1985-86 fiscal year for furnishings and related equipment for the home.

 

---SUBSTANCE ABUSE FUNDS

Sec. 17.  Of the funds appropriated to the Department of Human Resources, Division of Mental Health, Mental Retardation, and Substance Abuse Services, in Section 2 of Chapter 479 of the 1985 Session Laws, the sum of one million two hundred thousand dollars ($1,200,000) for fiscal year 1985-86, and the sum of one million two hundred thousand dollars ($1,200,000) for fiscal year 1986-87, shall be allocated as follows:

(1)       The sum of one hundred thirty thousand dollars ($130,000) for fiscal year 1985-86, and the sum of two hundred thousand dollars ($200,000) for fiscal year 1986-87, shall be used for planning and training in the area of substance abuse treatment for adolescents, including an assessment of the feasibility of fee-for-service contracting with private providers for residential treatment; and

(2)       The sum of one million seventy thousand dollars ($1,070,000) for fiscal year 1985-86, and the sum of one million dollars ($1,000,000) for fiscal year 1986-87, shall be allocated to the Department of Human Resources regions on a per capita basis. The allocation of funds by each region to the area mental health, mental retardation, and substance abuse authorities within the region shall be determined by the Division through its regional management teams, to be used for special direct service projects for early identification and treatment of substance- abusing adolescents.

 

---DEVELOPMENTAL DAY CENTER FUNDS

Sec. 17.1.  There is appropriated from the General Fund to the Department of Human Resources the sum of nine hundred forty-six thousand four hundred forty dollars ($946,440) for fiscal year 1985-86 and the sum of nine hundred forty-six thousand four hundred forty dollars ($946,440) for fiscal year 1986-87 to provide supplemental funds sufficient to fund the cost of providing 239 additional grant-in-aid slots for mentally retarded children in developmental day care centers.

 

---WILLIE M. COSTS PER STUDENT

Sec. 18.  The Department of Public Education shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division 30 days prior to the convening  of the 1986 Regular Session of the 1985 General Assembly on the cost of educating a Willie M. child in the public schools over the past three years.  This report shall include the cost of educating a Willie M. child and the source of these funds.

 

---EDUCATING WILLIE M. STUDENTS/STUDY

Sec. 18.1.  The State Board of Education is directed to determine the most cost effective methods of educating Willie M. students and to report its findings to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division by March 1, 1986.

 

---PRESCRIPTION DRUG FUNDS FOR DISABLED

Sec. 19.  (a) Of the funds appropriated in Section 2 of Chapter 479 of the 1985 Session Laws to the Department of Human Resources, Division of Medical Assistance, the sum of five hundred thousand dollars ($500,000) shall be transferred to the Division of Health Services for the purpose of continuing the prescription drug reimbursement program for the disabled to provide assistance in purchasing prescription drugs to people terminated from the Social Security Disability program from March 1, 1981, through September 30, 1983, begun pursuant to Section 64(1), Chapter 1034, 1983 Session Laws, Regular Session 1984. The prescription drug program shall serve only current residents of North Carolina.  The rules for operating this prescription drug assistance program shall be adopted by the Secretary of the Department of Human Resources pursuant to recommendations of the Disability Task Force as authorized by Section 64(3), Chapter 1034, 1983 Session Laws, Regular Session 1984.

(b)       The Secretary of the Department of Human Resources shall report on a quarterly basis to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the expenditure of funds required by this section.

 

---HOME HEALTH CARE FUNDS

Sec. 19.1.  There is appropriated from the General Fund to the Department of Human Resources the sum of three hundred seventy-five thousand dollars ($375,000) for fiscal year 1985-86 to provide home health care to the indigent.

 

---TRANSPORTATION COSTS STUDY FOR THE ADULT DEVELOPMENTAL  ACTIVITIES PROGRAM

Sec. 20.  The Department of Human Resources shall study the issue of transportation costs for the Adult Developmental Activities Program (ADAP).  The study shall include the actual costs associated with the transporting of ADAP clients, the miles that an ADAP client has to be transported, and the feasibility of a separate transportation subsidy for the ADAP program.  The Department shall report the results of the study, including any recommendations, to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division, no later than May 1, 1986.

 

---DAY CARE FUNDS/MATCH REQUIREMENT

Sec. 20.1.  Section 94 of Chapter 479 of the 1985 Session Laws is amended by adding a new paragraph to the end to read:

"No local matching funds may be required by the Department of Human Resources as a condition of any locality's receiving any State day care funds appropriated by this act unless federal law requires such a match."

 

---BLOCK GRANT TECHNICAL CORRECTION

Sec. 20.2.  The chart for Community Development Block Grant in Section 4 of Chapter 479 of the 1985 Session Laws is amended by rewriting the entry for Community Revitalization to read:

"05. Community Revitalization 31,237,236".

---LAND RECORDS MANAGEMENT FUNDS

Sec. 21.  There is appropriated from the General Fund to the Department of Natural Resources and Community Development the sum of three hundred twenty-five thousand dollars ($325,000) for the 1985-86 fiscal year for grants to counties on a matching basis for the Land Records Management Program.  Priority for grants shall be given to counties that have started the program.

 

---FOREST FIRE FIGHTERS/FUNDS FOR PAGERS

Sec. 22.  There is appropriated from the General Fund to the Department of Natural Resources and Community Development the sum of forty thousand dollars ($40,000) for the 1985-86 fiscal year for electronic paging devices for fire fighters on standby duty.

 

---STATE PARKS LAND PURCHASE FUNDS/MODIFICATIONS

Sec. 23.  The second sentence of Section 126(a) of Chapter 757 of the 1985 Session Laws is amended by deleting the language "to develop a State Park on Lake James" and substituting "to develop a State Park and/or recreational area on Lake James".

Sec. 24.  Section 126(a) of Chapter 757 of the 1985 Session Laws is amended by adding the following at the end of the list of priorities for the 1985-86 fiscal year:

"Masonboro Island - land necessary to add to those parcels of land already publicly owned."

Sec. 25.  The second sentence of Section 126(a) of Chapter 757 of the 1985 Session Laws is amended by inserting after the fourth semicolon the following:  "the sum of fifty thousand dollars ($50,000) for fiscal year 1985-86 shall be used at Bentonville Battleground State Historic Site for the purchase of land for the site; the sum of one hundred thousand dollars ($100,000) for fiscal year 1985-86 shall be used for repairs and maintenance at Kerr Reservoir State Recreation Area;".

 

---EMPLOYMENT AND TRAINING ACT/TECHNICAL CORRECTION

Sec. 26.1.  (a) Section 4(e)(7)b. of Chapter 543 of the 1985 Session Laws is amended by deleting the semicolon and substituting a period.

(b)       Section 4(e)(7)c. of Chapter 543 of the 1985 Session Laws is repealed.

 

---COMMERCIAL PROPAGATION OF VENUS FLY TRAP

Sec. 27.  Section 2 of Chapter 461, Session Laws of 1985, is rewritten as follows:  "This act shall become effective August 1, 1986."

 

---USE OF COASTAL SUBMERGED LANDS FUNDS CLARIFIED

Sec. 28.  Section 132 of Chapter 757 of the 1985 Session Laws is amended by deleting the language "to pay for condemned claims" and substituting "to pay for reviewing, processing, inspecting, and resolving condemned claims".

 

---ARTIFICIAL REEF CONTROL FUNDS REMAIN AVAILABLE FOR  EXPENDITURE

Sec. 29.  (a) The first sentence of Section 138(b) of Chapter 757 of the 1985 Session Laws is amended by deleting the word "boxcars" and substituting "cars".

(b)       The second sentence of Section 138(b) of Chapter 757 of the 1985 Session Laws is rewritten to read:

"These funds shall remain in the reserve until expended for this purpose."

 

---STANLY FIRE PLOW FUNDS MODIFIED

Sec. 30.  Section 133 of Chapter 757 of the 1985 Session Laws is amended by inserting before the words "for Stanly County" the words "and to provide an equipment operator".

 

---TRAVEL AND TOURISM FUNDS/LIMITATION ON EXPENDITURES

Sec. 31.  Section 136 of Chapter 757 of the 1985 Session Laws is amended by adding a new sentence at the end to read:

"These funds may be used only for advertising and for tourism promotion grants and may not be used for any other purpose."

 

---NEW HANOVER FIRE PROTECTION FUNDS/TECHNICAL CORRECTION

Sec. 32.  Section 117 of Chapter 757 of the 1985 Session Laws is amended by deleting the language:  ", provided New Hanover County raises forty percent (40%) of the sums appropriated by this section to match this appropriation".

 

---JOHNSTON ECONOMIC COMMISSION FUNDS/CERTIFICATION TO AUDITOR

Sec. 33.  The Johnston County Economic Development Commission, Incorporated, shall certify to the State Auditor how the funds in the amount of one hundred thousand dollars ($100,000) appropriated to it for fiscal year 1985-86 were expended.

 

---WILDLIFE RESOURCES COMMISSION/LICENSE AGENTS COMMISSION

Sec. 34.  (a) G.S. 113-270.1(b) is rewritten to read:

"(b)      License agents may deduct from the amount collected for each license a fee of six percent (6%)."

(b)       The second sentence of G.S. 113-270.1(c) is amended by deleting the language "pay penalties up to ten percent (10%) upon receipts as to which there is serious delay in remittance,".

(c)       G.S. 113-270.1(c) is amended by adding a new sentence at the end to read:

"The Wildlife Resources Commission shall require license agents to pay penalties of twenty-five percent (25%) of the agents' fees on any license fees remitted to the Commission after the fifteenth day of the month immediately following the month of sale."

 

---ROANOKE RIVER LAND PURCHASE

Sec. 34.1.  Section 204 of Chapter 757 of the 1985 Session Laws is rewritten to read:

"Sec. 204. There is appropriated from the General Fund to the Wildlife Resources Commission the sum of one million four hundred fifty thousand dollars ($1,450,000) for the 1985-86 fiscal year to purchase land that borders the Roanoke River. The Wildlife Resources Commission may also use up to one million nine hundred fifty thousand dollars ($1,950,000) of the funds available to it for the 1985-86 fiscal year for this purpose."

 

---FARMERS' MARKET FUNDS

Sec. 35.  Funds allocated by Section 5.5 of Chapter 480 of the 1985 Session Laws for the Raleigh Farmers' Market may be expended only for a farmers' market which complies with all applicable Federal, State, and local laws and regulations, including local zoning regulations.  The Commissioner of Agriculture is requested to consider additional potential locations for the Raleigh Farmers' Market and to evaluate such sites and their accessibility and benefit to the citizens of Raleigh and North Carolina, the farmers of North Carolina, and the wholesalers and retailers of farm products.  Funds appropriated under Section 4 of Chapter 480 of the 1985 Session Laws for the Raleigh Farmers' Market shall not revert until the General Assembly approves such reversion.  It is requested the City of Raleigh give fair consideration to requests by the State on matters requiring action by the City in connection with the construction of the Farmers' Market referred to in this section.

 

---RENOVATION OF ART MUSEUM BUILDING

Sec. 36.  Of the funds appropriated from the Highway Fund to the Department of Transportation for the 1985-86 fiscal year, up to five hundred thousand dollars ($500,000) may be used, upon approval of the Director of the Budget, to renovate the Old Art Museum Building for offices for the Department of Transportation.

 

---MAGISTRATES' SALARY FUNDS

Sec. 39.  Effective June 30, 1985, two hundred sixteen thousand dollars ($216,000) in unexpended salary and fringe benefit funds appropriated to the Judicial Department for the 1984-85 fiscal year shall be placed in a reserve for use by the Judicial Department during the 1985-86 fiscal year in completing and implementing the new magistrates' salary schedule established in Section 13 of Chapter 698 of the 1985 Session Laws.

 

---CLARIFICATION OF MAGISTRATE'S SALARY INCREASE

Sec. 39.1.  G.S. 7A-171.1(3) as it appears in the 1984 Interim Supplement is amended

(a)       on line 17 by adding "but less than 11" immediately after the word "more" and before the quotation marks; and

(b)       in the last sentence of the first paragraph by adding after the words "or a law degree" the words "or for a magistrate licensed to practice law in North Carolina as".

 

---COURTS/TECHNICAL CORRECTION

Sec. 40.  Section 21(b) of Chapter 698 of the 1985 Session Laws is amended by deleting the number "38" and substituting the number "38A" and by deleting the citation "7A- 484" and substituting the citation "7A-486.7".

 

---PORTRAIT OF JUSTICE DEVIN/FUNDS

Sec. 41.  There is appropriated from the General Fund to the Department of Cultural Resources the sum of ten thousand dollars ($10,000) for the 1985-86 fiscal year for a portrait of Justice William A. Devin.  The portrait shall be hung in the Justice Building among portraits of other former chief justices.

 

---WEST ONSLOW BEACH FIRE AND RESCUE SQUAD

Sec. 42.  There is appropriated from the General Fund to the West Onslow Beach Fire and Rescue Squad the sum of twenty thousand dollars ($20,000) for the 1985-86 fiscal year for operating expenses and equipment.

 

---TOBACCO ASSESSMENT

Sec. 43.  Effective for taxable years beginning on or after January 1, 1985, Section 1 of Chapter 720 of the 1985 Session Laws is amended by deleting "stored" and substituting "grown".

 

---OVERCOLLECTION OF REVENUES

Sec. 44.  Of the revenue collected during June 1986, under Article 5 of Chapter 105 of the General Statutes, the sum of twenty-eight million six hundred thousand dollars ($28,600,000) shall be placed by the State Treasurer in a special reserve and may not be expended prior to July 1, 1986.

 

---CHARLOTTE HAWKINS BROWN CENTER FUNDS

Sec. 45.  There is appropriated from the General Fund to the Department of Cultural Resources, Division of Archives and History, the sum of one hundred fifty thousand dollars ($150,000) for the 1985-86 fiscal year to establish and operate the Charlotte Hawkins Brown Memorial State Historic Site and Black History Center.

 

---LIVING-HISTORY FARM FUNDS/TECHNICAL CORRECTION

Sec. 46.  Section 116 of Chapter 757 of the 1985 Session Laws is amended by deleting the language "Natural Resources and Community Development" and substituting "Cultural Resources".

 

---SMALL BUSINESS DEVELOPMENT FUNDS

Sec. 47.  There is appropriated from the General Fund to the Department of Commerce the sum of two hundred fifty thousand dollars ($250,000) for the 1985-86 fiscal year and the sum of two hundred fifty thousand dollars ($250,000) for the 1986-87 fiscal year to actively promote, on a statewide basis, the various assistance programs available to small businesses and to print brochures, booklets, and other materials needed to provide information necessary for small business development.

Sec. 48.  There is appropriated from the General Fund to the Directors of the Southeastern Business and Professional League the sum of twenty-five thousand dollars ($25,000) for fiscal year 1985-86 as a grant-in-aid for the operating expenses of a minority business development center.

 

---SPOUSE ABUSE FUNDS

Sec. 49.  There is appropriated from the General Fund to the Department of Administration the sum of two hundred thousand dollars ($200,000) for the 1985-86 fiscal year for grants for domestic violence programs.

 

---INCENTIVE PAY PROGRAM ABOLISHED/TECHNICAL CHANGES

Sec. 50.  (a) Notwithstanding the provisions of Section 153 of Chapter 479 of the 1985 Session Laws, which is effective July 1, 1985, persons entitled to receive payments under the Incentive Pay Program as of June 30, 1985, shall receive those payments.  Funds for those payments shall be drawn from the employing agencies' or officers' principal departments' ending balance for the 1984-85 fiscal year.

(b)       G.S. 126-4(10) is amended by adding a new sentence at the end to read:

"This subdivision may not be construed to authorize the establishment of an incentive pay program."

(c)       This section is effective June 30, 1985.

 

---REPORTS ON EXEMPTIONS FROM COMMUTING FEES

Sec. 51.  Effective October 1, 1985, the third paragraph of G.S. 143-341(8)i.7a., as amended by Section 170 of Chapter 479 and Section 177 of Chapter 757 of the 1985 Session Laws, is further amended by adding a new sentence at the end to read:

"The Department of Administration, Division of Motor Fleet Management, shall report quarterly to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office on individuals who use State-owned passenger motor vehicles, pickup trucks, or vans between their official work stations and their homes, who are not required to reimburse the State for these trips."

 

---COASTAL PLAINS ACADEMY FUNDS

Sec. 51.1.  Of the funds appropriated to the Repairs and Renovations Reserve in Section 4, Chapter 480 of the 1985 Session Laws, the sum of twenty-four thousand dollars ($24,000) for the 1985-86 fiscal year and the sum of twenty-four thousand dollars ($24,000) for the 1986-87 fiscal year shall be allocated to pay the Department of Human Resources for the use of the Special Care Center in Wilson by the Coastal Plains Law Enforcement Academy.

 

---PRIVATE LICENSE TAGS ON STATE-OWNED CARS LIMITED

Sec. 52.  The last four sentences of the second paragraph of G.S. 14-250 are repealed.

 

---BIOTECHNOLOGY CENTER FUNDS/CORRECTION

Sec. 53.  Section 67 of Chapter 757 of the 1985 Session Laws is amended by deleting the language "Department of Commerce" and substituting "Office of State Budget and Management".

 

---EXPENDITURES SUPPORTED BY CIVIL FINES AND PENALTIES

Sec. 54.  All agencies, institutions, departments, bureaus, boards, commissions, and other entities that expend civil fines and penalties during the 1985-86 fiscal year shall report these expenditures by program and line item to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division by June 1, 1986.

 

---CERTIFICATE OF NEED TECHNICAL CHANGE

Sec. 54.1.  Section 7 of Chapter 740 of the 1985 Session Laws is amended by deleting "Section 4" and by substituting "Section 6".

 

---WARRANTS FOR CERTAIN APPROPRIATIONS

Sec. 55.  Other than those to State agencies, the Office of State Budget and Management shall draw warrants for appropriations made by Chapter 757 of the 1985 Session Laws, House Bill 922 and House Bill 1134 as enacted by the 1985 General Assembly, or by this act, and send them no later than September 1, 1985, 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.

 

---BOARD OF CONTRACT APPEALS FUNDS

Sec. 55.1.  Of the funds appropriated in Section 69 of Chapter 757 of the 1985 Session Laws, the sum of eighty-seven thousand twenty-eight dollars ($87,028) for the 1985-86 fiscal year and the sum of eighty-seven thousand forty-six dollars ($87,046) for the 1986-87 fiscal year shall be allocated to fund the Board of Contract Appeals.

 

---LOCAL AND LEO RETIREMENT TECHNICAL CORRECTION

Sec. 56.  Section 2 of Chapter 751 of the 1985 Session Laws is amended by deleting the designation "(b8)" wherever it appears and by substituting the designation "(b9)".

 

---EFFECT OF MOST LIMITATIONS AND DIRECTIONS IN TEXT/ONLY 1985-  87

Sec. 57.  Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1985-87 fiscal biennium, the textual provisions of this act shall apply only to funds appropriated for and activities occurring during the 1985-87 fiscal biennium.

 

---EFFECTIVE DATE

Sec. 58.  Except as otherwise provided, this act is effective July 1, 1985.

In the General Assembly read three times and ratified, this the 18th day of July, 1985.