GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-345
HOUSE BILL 320
AN ACT to make technical, clarifying, and other modifications to the current operations and capital improvements appropriations act of 2005.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 2.1 of S.L. 2005-276 reads as rewritten:
Current Operations - General Fund 2005-2006 2006-2007
EDUCATION
Community Colleges System Office $ 787,685,943 $ 767,295,886
Department of Public Instruction 6,607,998,945 6,579,807,097
University of North Carolina - Board of Governors
Appalachian State University 97,708,514 98,114,232
East Carolina University
Academic Affairs 165,132,181 168,098,010
Health Affairs 45,624,110 45,671,394
Elizabeth City State University 28,376,210 28,173,367
Fayetteville State University 42,540,261 42,778,425
North Carolina Agricultural and
Technical State University 76,497,695 76,533,207
North Carolina Central University 59,223,437 58,883,106
North Carolina School of the Arts 21,173,905 20,698,614
North Carolina State University
Academic Affairs 299,773,341 304,775,818
Agricultural Extension 36,389,142 35,668,328
Agricultural Research 45,200,460 45,281,347
University of North Carolina at Asheville 29,211,816 29,705,695
University of North Carolina at Chapel Hill
Academic Affairs 212,164,735 220,475,219
Health Affairs
162,938,570 164,709,561
Health Affairs 163,938,570 165,709,561
Area Health Education Centers 44,743,422 44,743,422
University of North Carolina at Charlotte 125,613,588 132,319,883
University of North Carolina at Greensboro 112,318,841 113,459,797
University of North Carolina at Pembroke 41,277,854 41,754,482
University of North Carolina at Wilmington 74,161,294 76,371,666
Western Carolina University 71,404,729 71,990,778
Winston-Salem State University 48,726,028 48,658,641
General Administration 48,804,831 48,890,151
University Institutional Programs 24,610,415 28,278,415
Related Educational Programs 112,937,512 114,905,552
North Carolina School of Science and
Mathematics 14,555,420 14,513,392
UNC Hospitals at Chapel
Hill
44,944,579 43,944,579
43,944,579
Total University of North Carolina -
Board of
Governors
$ 2,086,052,890 $2,119,397,081
$2,120,397,081
HEALTH AND HUMAN SERVICES
Department of Health and Human Services
Office of the Secretary $ 113,855,919 $ 118,880,919
Division of Aging 29,975,639 29,495,139
Division of Blind Services/Deaf/HH 9,676,797 9,681,220
Division of Child Development 268,350,017 267,356,799
Division of Education Services 33,852,267 34,281,895
Division of Facility Services 13,608,838 15,959,466
Division of Medical Assistance 2,509,772,054 2,751,209,159
Division of Mental Health 603,315,155 602,556,655
NC Health Choice 68,169,765 51,882,902
Division of Public Health 152,391,232 150,814,496
Division of Social Services 188,512,693 190,679,285
Division of Vocational Rehabilitation Services 41,755,526 42,142,193
Total Health and Human Services $ 4,033,235,902 $ 4,264,940,128
NATURAL AND ECONOMIC RESOURCES
Department of Agriculture and Consumer Services $ 52,040,846 $ 51,032,884
Department of Commerce
Commerce 49,686,999 36,728,265
Commerce State-Aid 26,512,085 11,722,085
NC Biotechnology Center 12,083,395 10,583,395
Rural Economic Development Center 25,277,607 25,052,607
Department of Environment and Natural Resources 177,197,119 167,451,089
Department of Labor 14,419,553 14,434,925
JUSTICE AND PUBLIC SAFETY
Department of Correction $ 1,029,924,421 $ 1,048,492,502
Department of Crime Control and Public
Safety
34,793,934
35,153,488
34,843,934
Judicial
Department
342,604,760 345,726,582
342,924,393 345,760,410
Judicial Department - Indigent Defense 94,037,973 88,648,414
Department of Justice 77,322,567 78,697,271
Department of Juvenile Justice and
Delinquency Prevention 140,377,666 138,873,166
GENERAL GOVERNMENT
Department of Administration $ 62,039,261 $ 58,818,473
Office of Administrative Hearings 2,987,410 2,969,712
Department of State Auditor 10,850,737 10,840,918
Office of State Controller 10,043,268 10,044,511
Department of Cultural Resources
Cultural
Resources
73,433,51473,458,514
62,917,147
Roanoke Island Commission 1,783,374 1,783,374
State Board of Elections 5,107,543 5,069,307
General Assembly 42,934,588 46,965,432
Office of the Governor
Office of the Governor 5,324,590 5,344,528
Office of State Budget and Management 5,019,735 5,021,795
OSBM - Reserve for Special Appropriations 11,358,429 5,111,429
Housing Finance Agency 10,450,945 4,750,945
Department of Insurance
Insurance 28,220,714 28,110,582
Insurance - Volunteer Safety Workers'
Compensation 2,000,000 4,500,000
Office of Lieutenant Governor 754,737 753,037
Department of
Revenue
81,447,475
80,630,250
81,467,175 80,673,250
Department of Secretary of State 8,934,063 9,269,633
Department of State Treasurer
State Treasurer 8,690,595 8,295,843
State Treasurer - Retirement for Fire
and Rescue Squad Workers 8,651,457 8,651,457
TRANSPORTATION
Department of Transportation $ 200,000 $ 0
RESERVES, ADJUSTMENTS AND DEBT SERVICE
Reserve for Compensation Increases $ 243,181,327 $ 235,185,705
Salary Adjustment Fund: 2005-2007 Biennium 4,500,000 4,500,000
Salary Adjustment Fund: 2004-2005 Fiscal Year 4,500,000 4,500,000
Reserve for Teachers' and State Employees'
Retirement Contribution 13,810,800 13,810,800
Reserve for Retirement System Payback 25,000,000 0
Reserve for Death Benefit Trust 12,899,200 12,899,200
Reserve for Disability Income Plan 6,586,500 6,586,500
Reserve for State Health Plan 108,648,000 142,728,000
Contingency and Emergency Fund 5,000,000 5,000,000
Reserve for Information Technology
Rate Adjustments (2,300,000) (2,300,000)
Information Technology Fund 24,375,000 8,025,000
MH/DD/SAS Trust Fund 10,000,000 0
Health and Wellness Trust Fund 10,000,000 0
Reserve for Job Development
Investment Grants (JDIG) 9,000,000 12,400,000
Reserve for Increased Fuel Costs 3,000,000 0
Reserve for Contingent Appropriations 85,000,000 85,000,000
Debt Service
General Debt Service 489,544,211 619,291,140
Federal Reimbursement 1,616,380 1,616,380
TOTAL CURRENT OPERATIONS -
GENERAL
FUND
$ 17,025,846,458 $ 17,293,127,963
$ 17,026,260,791 $ 17,294,204,791"
SECTION 1.(b) Section 2.2.(a) of S.L. 2005-276 reads as rewritten:
"SECTION 2.2.(a) The General Fund availability used in developing the 2005-2007 biennial budget is shown below:
FY 2005-2006 FY 2006-2007
Unappropriated Balance Remaining
from Previous
Year
$0 $117,227,875
$113,079,042
Projected Over Collections FY 2004-2005 681,500,000 0
Projected Reversions FY 2004-2005 115,000,000 0
Less Earmarkings of Year End Credit Balance 0
Savings Reserve Account (199,125,000) 0
Repairs and Renovations (125,000,000) 0
Beginning Unreserved Credit Balance
$472,375,000 $114,345,875
$113,079,042
Revenues Based on Existing Tax Structure
$15,417,300,000 $ 16,993,257,284
$ 16,077,600,000
Nontax Revenues
Investment Income 74,800,000 78,700,000
Judicial Fees 144,800,000 148,300,000
Disproportionate Share 100,000,000 100,000,000
Insurance 49,500,000 51,300,000
Other Nontax Revenues 138,000,000 151,300,000
Highway Trust Fund/Use Tax
Reimbursement Transfer 252,558,117 252,663,009
Highway Fund Transfer 16,166,400 16,166,400
Subtotal Nontax Revenues $ 775,824,517 $ 798,429,409
Total General Fund
Availability
$ 16,665,499,517 $ 16,990,375,284
$ 16,989,108,451
Adjustments to Availability: 2005 Session
Streamlined Sales Tax Changes 40,000,000 61,700,000
Maintain 4.5% Sales Tax Rate 417,100,000 462,700,000
Other Sales Tax Changes
Apply Sales Tax to Candy 9,800,000 15,800,000
Apply General Sales Tax Rate to Cable 10,900,000 26,100,000
Exempt Potting Soil for Farmers (200,000) (300,000)
Tobacco Tax Rate Changes 118,800,000 189,400,000
Extend 8.25% Individual Income
Tax Rate for 2 years 39,800,000 89,700,000
Continue Use Tax Line on Individual Returns 3,200,000 3,200,000
Increase Contribution to NC Political Parties
Financing Fund - Tax Return Designation 0 (1,000,000)
Conform Estate Tax to Federal Sunset 29,100,000 115,600,000
Film Industry Jobs Incentives (3,500,000) (3,500,000)
IRC Update - Partial Conformance (8,000,000) (10,700,000)
Adjust Rates for Health Maintenance
Organizations 0 14,300,000
SL 2005-241 Extend JDIG and Bill Lee Act 0 (2,030,000)
Increase Earmarking for
NC Grape Growers Council (150,000) (150,000)
Proceeds from the Sale of the Polk Building 4,977,781 0
Justice and Public Safety
Fees
17,028,27116,868,771
20,428,271
Transfer from Tobacco Trust Fund 34,000,000 30,000,000
Transfers from Special Revenue and Other Funds 5,453,950 0
Reimburse Debt Service for
Certain Capital Facilities and
Land Acquisition per S.L. 2004-179 5,958,723 21,060,827
Transfer to Civil Penalty and Forfeiture Fund (80,000,000) (85,000,000)
Suspend Highway Fund Transfer (16,166,400) (16,166,400)
Adjust Transfer from Insurance Regulatory Fund 389,013 243,813
Adjust Transfer from Treasurer's Office 468,478 67,478
Reimbursement for Property Tax Commission
Expenses 0 168,616
Subtotal Adjustments to Availability:
2005
Session
$ 628,959,816 $ 934,483,989
$ 628,800,316 $ 931,622,605
Revised General Fund
Availability
$ 17,294,459,333 $ 17,927,741,273
$ 17,294,299,833 $ 17,920,731,056
Less: General Fund Appropriations
SB 622 (2005 Appropriations
Act)
(17,077,231,458) (17,293,127,963)
(17,081,220,791) (17,294,204,791)
G.S. 143-15.3B: Clean Water
Management Trust Fund (100,000,000) (100,000,000)
Total General Fund Appropriations
2005-2007
Biennium
($17,177,231,458) ($17,393,127,963)
($17,181,220,791) ($17,394,204,791)
Unappropriated Balance
Remaining
$117,227,875 $534,613,310
$113,079,042 $526,526,265"
SECTION 2.(a) Section 6.12.(b) of S.L. 2005-276 reads as rewritten:
"SECTION 6.12.(b) If this section, or any portion
of the amendment made to G.S. 66-291(b)(2) by this section, is held by a
court of competent jurisdiction to be unconstitutional, then G.S. 66-291(b)(2)
shall be deemed to be repealed in its entirety. If G.S. 66-291(b)(2)
66-291(b) shall thereafter be held by a court of competent jurisdiction
to be unconstitutional, then this section shall be repealed, and G.S. 66-291(b)(2)
shall be restored as if no amendments had been made by this section. Neither
any judicial holding of unconstitutionality nor the repeal of G.S. 66-291(b)(2)
shall affect, impair, or invalidate any other portion of Part 1 of Article 37
of Chapter 66 of the General Statutes or the application of Part 1 of Article
37 of Chapter 66 of the General Statutes to any other person or circumstance,
and the remaining portions of Part 1 of Article 37 of Chapter 66 of the General
Statutes shall at all times continue in full force and effect."
SECTION 2.(b) This section becomes effective January 1, 2006.
SECTION 3.(a) Effective July 1, 2005, Section 6.29 of S.L. 2005-276 is repealed.
SECTION 3.(b) Effective March 1, 2006, G.S. 58-50-30(a3) reads as rewritten:
"(a3) Whenever any health benefit plan, subscriber contract, or policy of insurance issued by a health maintenance organization, hospital or medical service corporation, or insurer governed by Articles 1 through 67 of this Chapter provides coverage for medically necessary treatment, the insurer shall not impose any limitation on treatment or levels of coverage if performed by a duly licensed chiropractor acting within the scope of the chiropractor's practice as defined in G.S. 90-151 unless a comparable limitation is imposed on the medically necessary treatment if performed or authorized by any other duly licensed physician. An insurer shall not impose as a limitation on treatment or level of coverage a co-payment amount charged to the insured for chiropractic services that is higher than the co-payment amount charged to the insured for the services of a duly licensed primary care physician for a comparable medically necessary treatment or condition."
SECTION 3.(c) This sections applies to policies issued, renewed, or amended on or after March 1, 2006.
SECTION 4. Section 6.36.(a) of S.L. 2005-276 reads as rewritten:
"SECTION 6.36.(a) The Office of State Budget and Management shall develop a plan to consolidate all State-funded laboratories. This plan will augment capital and space-allocation plans already developed for the new laboratories.
The State-funded laboratories to be considered for
consolidation include the Public Health State Laboratory within the Department
of Health and Human Services, the Agricultural Laboratory within the Department
of Agriculture and Consumer Services, Veterinary Division, and the State Bureau
of Investigation Crime Laboratories within the Department of Justice. The
Office of State Budget and Management shall use up to two hundred fifty
thousand dollars ($250,000) of funds available to hire an independent
consultant who shall conduct the study and develop the consolidation plan. The
Office of State Budget and Management shall hire an independent consultant to
conduct the study and develop the consolidation plan. The study shall
include the feasibility of consolidating these laboratory functions and the
identification of any duplicative functions."
SECTION 5. Section 7.5 of S.L. 2005-276 reads as rewritten:
"SECTION
7.5. Effective July 1, 2005, any permanent certified personnel employed on July
1, 2003, July 1, 2005, and paid on the teacher salary schedule with
29+ years of experience shall receive a one-time bonus equivalent to the
average increase of the 26 to 29 year steps. Effective July 1, 2005, any
permanent personnel employed on July 1, 2004, July 1, 2005, and
paid at the top of the principal and assistant principal salary schedule shall
receive a one-time bonus equivalent to two percent (2%).
For permanent part-time personnel, the one-time bonus shall be adjusted pro rata. Personnel defined under G.S. 115C-325(a)(5a) are not eligible to receive the bonus."
SECTION 6.(a) Section 7.32.(b) of S.L. 2005-276 reads as rewritten:
"SECTION 7.32.(b) These funds shall be used to establish new high schools in which a local school administrative unit, two- and four-year colleges and universities, and local employers work together to ensure that high school and postsecondary college curricula operate seamlessly and meet the needs of participating employers.
Funds shall not be allotted until Learn and Earn high schools
and planning sites are certified as operational. approved by
the State Board of Education. Within funds available, the State Board of
Education may approve additional planning sites. Learn and Earn planning sites
are expected to complete the planning process by the end of the fiscal year for
which the planning funds are awarded."
SECTION 6.(b) G.S. 115C-238.51(c), as rewritten by Section 7.33.(a) of S.L. 2005-276, reads as rewritten:
"(c) The application shall
be submitted to the State Board of Education and the applicable governing Boards
by November 1 of each year. Boards. The Boards shall appoint a joint
advisory committee to review the applications and to recommend to the Boards
those programs that meet the requirements of this Part and that achieve the
purposes set out in G.S. 115C-238.50."
SECTION 6.(c) G.S. 115C-238.51(d), as rewritten by Section 7.33.(a) of S.L. 2005-276, reads as rewritten:
"(d) The Boards may
approve programs recommended by the joint advisory committee or may approve
other programs that were not recommended. The Boards shall approve all
applications by March 15 June 30 of each year. No application
shall be approved unless the State Board of Education and the applicable
governing Board find that the application meets the requirements set out in
this Part and that granting the application would achieve the purposes set out
in G.S. 115C-238.50. Priority shall be given to applications that are most
likely to further State education policies, to address the economic development
needs of the economic development regions in which they are located, and to
strengthen the educational programs offered in the local school administrative
units in which they are located."
SECTION 7. Section 7.51(c) of S.L. 2005-276 reads as rewritten:
"SECTION
7.51.(c) Subsection (b) of this section becomes effective July 1,
2006. Notwithstanding the provisions of G.S. 105-164.44H, for the 2006-2007
fiscal year, the amount transferred to the State Public School Fund each
quarter shall equal one-fourth of the amount refunded under G.S. 105-164.4(c)(2b)
and (2c) G.S. 105-164.14(c)(2b) and (2c) during the 2005-2006
fiscal year plus or minus the percentage of that amount by which the total
collection of State sales and use tax increased or decreased during the
preceding fiscal year. The remainder of this section becomes effective July 1,
2005, and applies to sales made on or after that date."
SECTION 8. Section 7.57 of S.L. 2005-276 reads as rewritten:
In the course of the study, the consultant shall consider whether (i) the current formula sufficiently encourages the efficient and effective use of school transportation funds by urban and rural school systems, (ii) the formula is adequately and equitably meeting the needs of school systems, and (iii) the formula is appropriate in light of the Leandro litigation. The consultant shall also propose options for reducing the severe and growing disparity in funding that exists under the formula among local school administrative units.
The consultant shall report the results of its study to the
State Board of Education by December 1, 2005.March 1, 2006. The
State Board of Education shall submit a plan for the implementation of the
consultant's report to the Joint Legislative Education Oversight Committee by March
15, 2006.April 15, 2006."
SECTION 9. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 7.62. Notwithstanding any other provision of law, of the funds appropriated in S.L. 2005-1 to the Disaster Relief Reserve Fund, the sum of seven hundred fifty thousand dollars ($750,000) is hereby transferred from the Disaster Relief Reserve Fund to Hyde County for the 2005-2006 fiscal year to be used to repair Ocracoke School which was damaged as a result of Hurricane Isabel and Hurricane Alex."
SECTION 10. Section 8.11 of S.L. 2005-276 reads as rewritten:
"SECTION 8.11. Funds appropriated in this act for North Carolina Electronics and Information
Technologies Association's Defense Technology
Innovation Center Of the funds appropriated in this act to the Community
Colleges System Office, the sum of two million dollars ($2,000,000) for the
2005-2006 fiscal year shall be allocated to the Partnership for Defense
Innovation for the establishment of the Defense Technology Innovation Center.
These funds shall be used for the following:
(1) Site selection and acquisition, including the purchase or lease of real property to house the Center; the construction of buildings or other site structures; the improvement or refurbishment of existing structures to provide appropriate laboratory and administrative space; and the improvement of existing infrastructure at the facility, including improvements to utility, telecommunications, and Internet infrastructure.
(2) Equipment acquisition, including acquisition of laboratory equipment and supplies and office furniture, equipment, and supplies.
(3) Employment of staff to support the mission of the Center and to oversee day-to-day operations of the Center.
(4) Implementation of a
comprehensive business and marketing plan for the Center. Implementation
of the business and marketing plan delivered to the General Assembly in 2005 by
the North Carolina Electronics and Information Technologies Association
(NCEITA) as directed by Section 8.17 of S.L. 2004-124, including contracting
with an experienced incubator development team to develop the Center and
implement the business plan.
(5) Development of a tenant screening process and the recruitment of appropriate tenants for the Center.
(6) Administration and operation of the Center and the development of a sustainable business plan for the Center."
SECTION 11. Section 9.6.(d) of S.L. 2005-276 reads as rewritten:
"SECTION 9.6.(d) All obligations to students for
uses of the funds set out in sections that were made before the date
this act becomes law shall be fulfilled as to students who remain eligible
under the provisions of the respective programs."
SECTION 12. Section 9.16 of S.L. 2005-276 reads as rewritten:
"SECTION 9.16. Of the funds appropriated by this
act to the Board of Governors of The University of North Carolina for the 2005-2006
fiscal year the sum of one million eighty-eight thousand nine hundred forty-one
dollars ($1,088,941) one million eighty-nine thousand dollars
($1,089,000) shall be allocated to North Carolina Agricultural and
Technical State University for agricultural and research extension programs. It
is the intent of the General Assembly to fully fund these programs for the 2006-2007
fiscal year."
SECTION 13. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 9.38. Of the funds appropriated by this act to the Board of Governors of The University of North Carolina for the University of North Carolina at Chapel Hill - Health Affairs, the sum of one million dollars ($1,000,000) for the 2005-2006 fiscal year and the sum of one million dollars ($1,000,000) for the 2006-2007 fiscal year shall be used by the University of North Carolina at Chapel Hill School of Medicine to establish and operate a translational medicine program."
SECTION 14. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 9.38. G.S. 116-143.3 reads as rewritten:
"§ 116-143.3. Tuition of active duty personnel in the armed services.
(a) Definitions. - The following definitions apply in this section:
(1) The term "abode" shall mean the place where a person actually lives, whether temporarily or permanently; the term "abide" shall mean to live in a given place.
(2) The term "armed services" shall mean the United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina National Guard; and any Reserve Component of the foregoing.
(3) The term "tuition assistance" shall be used as defined in the United States Department of Defense Directive 1322.8, implementing 10 U.S.C. § 2007.
(b) Any active duty member of the armed services qualifying for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3) but not qualifying as a resident for tuition purposes under G.S. 116-143.1 shall be charged the in-State tuition rate and applicable mandatory fees for enrollments while the member of the armed services is abiding in this State incident to active military duty in this State. In the event the active duty member of the armed services is reassigned outside of North Carolina, the member shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the member is continuously enrolled in the degree or other program in which the member was enrolled at the time the member is reassigned. In the event the active duty member of the armed services receives an Honorable Discharge from military service, the member shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the member establishes residency in North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the member was enrolled at the time the member is discharged.
(b1), (b2) Repealed by Session Laws 2004-130, s. 1, effective August 1, 2004.
(c) Any dependent relative of a member of the armed services who is abiding in this State incident to active military duty, as defined by the Board of Governors of The University of North Carolina and by the State Board of Community Colleges while sharing the abode of that member shall be eligible to be charged the in-State tuition rate, if the dependent relative qualifies for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3). The dependent relatives shall comply with the requirements of the Selective Service System, if applicable, in order to be accorded this benefit. In the event the member of the armed services is reassigned outside of North Carolina, the dependent relative shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent relative is continuously enrolled in the degree or other program in which the dependent relative was enrolled at the time the member is reassigned. In the event the member of the armed services receives an Honorable Discharge from military service, the dependent relative shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent relative establishes residency within North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the dependent relative was enrolled at the time the member is discharged.
(d) The burden of proving entitlement to the benefit of this section shall lie with the applicant therefor.
(e) A person charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, qualify for or be the basis of conferring the benefit of G.S. 116-143.1(g), (h), (i), (j), (k), or (l).""
SECTION 15. Section 5.1.(v) of S.L. 2005-276 reads as rewritten:
"SECTION 5.1.(v) The sum of one million
seven hundred six thousand sixty-three dollars ($1,706,063) appropriated in
this section in the TANF Social Services Block Grant for child
caring agencies for the 2005-2006 fiscal year shall be allocated to the State
Private Child Caring Agencies Fund."
SECTION 16. Section 10.21C(c) of S.L. 2005-276 reads as rewritten:
"SECTION 10.21C.(c) This section becomes
effective January 1, 2006, July 1, 2006, and applies to
recipients of medical assistance on or after that date."
SECTION 17. G.S. 90-113.63(b), as enacted by Section 10.36 of S.L. 2005-276, reads as rewritten:
"(b) The Commission for
Health Services shall adopt rules requiring dispensers to report the
following information. The Commission may modify these requirements as
necessary to carry out the purposes of this Article. The dispenser shall
report:
(1) The dispenser's DEA number.
(2) The name of the patient for whom the controlled substance is being dispensed, and the patient's:
a. Full address, including city, state, and zip code,
b. Telephone number, and
c. Date of birth.
(3) The date the prescription was written.
(4) The date the prescription was filled.
(5) The prescription number.
(6) Whether the prescription is new or a refill.
(7) Metric quantity of the dispensed drug.
(8) Estimated days of supply of dispensed drug, if provided to the dispenser.
(9) National Drug Code of dispensed drug.
(10) Prescriber's DEA number."
SECTION 18. Section 10.39 of S.L. 2005-276 is amended by adding the following new subsection to read:
"SECTION 10.39.(d) Subsection (a) of this section becomes effective October 1, 2005."
SECTION 19. Section 10.59E of S.L. 2005-276 reads as rewritten:
SECTION 20.(a) Section 10.59F(a) of S.L. 2005-276 reads as rewritten:
SECTION 20.(b) Section 10.59F(b) of S.L. 2005-276 reads as rewritten:
SECTION 20.(c) Section 10.59F(f) of S.L. 2005-276 reads as rewritten:
"SECTION 10.59F.(f)
Not later than May 1, 2006, January 15, 2006, the
Department of Health and Human Services shall report to the House of
Representatives Appropriations Subcommittee on Health and Human Services, the
Senate Appropriations Committee on Health and Human Services, and the Fiscal
Research Division on the implementation of this section. The
report shall include the number of children who were exempt from the
comprehensive eye examination requirement under G.S. 130A-440.1(a)."
SECTION 20.(d) Section 10.59F(h) of S.L. 2005-276 reads as rewritten:
"SECTION 10.59F.(h) This Subsection
(g) of this section becomes effective beginning with the 2006-2007 school
year. The remainder of this section is effective July 1, 2005."
SECTION 21. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 10.37A. Funds appropriated in this act to the Department of Health and Human Services for the Jewish Community Center of Charlotte, Inc. shall be paid to Senior Activities and Services, Inc. to support activities of the Levine Senior Center of Matthews."
SECTION 22. G.S. 19A-24(5), as enacted by Section 11.5.(b) of S.L. 2005-276, reads as rewritten:
"(5) Adopt rules on the
euthanasia of animals in the possession or custody of any person licensed required
to obtain a certificate of registration under this Article. An animal shall
only be put to death by a method and delivery of method approved by the
American Veterinary Medical Association, the Humane Society of the United
States, or the American Humane Association. The Department shall establish
rules for the euthanasia process using any one or combination of methods and
standards prescribed by the three aforementioned organizations. The rules shall
address the equipment, the process, and the separation of animals, in addition
to the animals' age and condition. If the gas method of euthanasia is approved,
rules shall require (i) that only commercially compressed carbon monoxide gas
is approved for use, and (ii) that the gas must be delivered in a commercially
manufactured chamber that allows for the individual separation of animals.
Rules shall also mandate training for any person who participates in the
euthanasia process."
SECTION 23. Section 12.5(a) of S.L. 2005-276 reads as rewritten:
"SECTION 12.5.(a) Of the funds appropriated in this act to the Department of Environment and Natural Resources for the Grassroots Science Program, the sum of three million one hundred ninety-seven thousand seven hundred sixty-two dollars ($3,197,762) for the 2005-2006 fiscal year is allocated as grants-in-aid for each fiscal year as follows:
2005-2006
Aurora Fossil Museum $59,057
Cape Fear Museum $161,007
Carolina Raptor Center $112,174
Catawba Science Center $133,429
Colburn Gem and Mineral Museum, Inc. $74,545
Discovery Place $662,865
Eastern NC Regional Science Center $50,000
Elizabeth City
Science Center
$50,000
Port Discover: Northeastern North Carolina's
Center for Hands-On Science, Inc.
Fascinate-U $80,742
Granville County Museum Commission,
Inc.-Harris Gallery $56,422
Greensboro Children's Museum $135,076
The Health Adventure Museum of Pack
Place Education, Arts and
Science Center, Inc. $134,499
Highlands Nature Center $79,268
Imagination Station $86,034
Kidsenses $50,000
Museum of Coastal Carolina $74,192
Natural Science Center of Greensboro $186,354
North Carolina Museum of Life
and Science $379,826
Rocky Mount Children's Museum $72,254
Schiele Museum of Natural History $229,547
Sci Works Science Center and
Environmental Park of Forsyth County $146,499
Western North Carolina Nature Center $112,879
Wilmington Children's Museum $71,093
Total $3,197,762"
SECTION 24. Section 13.4.(a) of S.L. 2005-276 reads as rewritten:
"SECTION 13.4.(a) Funds from the Employment
Security Commission Reserve Fund shall be available to the Employment Security
Commission to use as collateral to secure federal funds and to pay the
administrative costs associated with the collection of the Employment Security
Commission Reserve Fund surcharge. The total administrative costs paid with
funds from the Reserve shall not exceed the total administrative costs paid in
fiscal year 2004-2005. The total administrative costs paid with funds
from the Reserve in the 2005-2006 fiscal year shall not exceed two million
dollars ($2,000,000)."
SECTION 25. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 13.15. G.S. 143B-472.80 is amended by adding a new subdivision to read:
"(5) To prepare a biennial report by county on the status of trends that reflect the impact of education on economic growth for the twenty-first century. This report shall contain information about the status of each county with regard to education and economic growth. The Board shall provide the report to the General Assembly prior to February 1, 2007, and biennially thereafter.""
SECTION 26. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 13.16. Of the funds appropriated in this act to the Department of Commerce for the 2005-2006 fiscal year to promote the North Carolina furniture industry, the sum of seven hundred fifty thousand dollars ($750,000) shall be allocated to the High Point International Home Furnishings Market Authority Corporation to promote the International Home Furnishings Market."
SECTION 27.(a) S.L. 2005-276 is amended by adding a new subsection to read:
"SECTION 14.2.(f1) G.S. 7A-133(a) as amended by Section 14.2.(f) of this act, reads as rewritten:
"(a) Each district court district shall have the numbers of judges as set forth in the following table:
District Judges County
1 5 Camden
Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2 4 Martin
Beaufort
Tyrrell
Hyde
Washington
3A 5 Pitt
3B 5 Craven
Pamlico
Carteret
4 8 Sampson
Duplin
Jones
Onslow
5 8 New Hanover
Pender
6A 2 Halifax
6B 3 Northampton
Bertie
Hertford
7 7 Nash
Edgecombe
Wilson
8 6 Wayne
Greene
Lenoir
9 4 Granville
(part of Vance
see subsection (b))
Franklin
9A 2 Person
Caswell
9B 2 Warren
(part of Vance
see subsection (b))
10 15 Wake
11 8 Harnett
Johnston
Lee
12 9 Cumberland
13 6 Bladen
Brunswick
Columbus
14 6 Durham
15A 4 Alamance
15B 4 Orange
Chatham
16A 3 Scotland
Hoke
16B 5 Robeson
17A 2 Rockingham
17B 4 Stokes
Surry
18 12 Guilford
19A 4 Cabarrus
19B 6 Montgomery
Moore
Randolph
19C 4 Rowan
20A 4 Stanly
Anson
Richmond
20B
3
Union
20B 1 (part of Union
see subsection (b))
20C 2 (part of Union
see subsection (b))
21 9 Forsyth
22 9 Alexander
Davidson
Davie
Iredell
23 4 Alleghany
Ashe
Wilkes
Yadkin
24 4 Avery
Madison
Mitchell
Watauga
Yancey
25 8 Burke
Caldwell
Catawba
26 17 Mecklenburg
27A 6 Gaston
27B 4 Cleveland
Lincoln
28 6 Buncombe
29A 3 McDowell
Rutherford
29B 4 Henderson
Polk
Transylvania
30 5 Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain.""
SECTION 27.(b) A new subsection is added to S.L. 2005-276 to read:
"SECTION 14.2.(f2) G.S. 7A-133(b) reads as rewritten:
"(b) For district court districts of less than a whole county, or with part or all of one county with part of another, the composition of the district is as follows:
(1) District Court District 9 consists of Franklin and Granville Counties and the remainder of Vance County not in District Court District 9B.
(2) District Court District 9B consists of Warren County and East Henderson I, North Henderson I, North Henderson II, Middleburg, Townsville, and Williamsboro Precincts of Vance County.
(3) District Court District 20B consists of the remainder of Union County not in District Court District 20C.
(4) District Court District 20C consists of Precinct 01: Tract 204.01: Block Group 2: Block 2040, Block 2057, Block 2058, Block 2060, Block 2061, Block 2062, Block 2064, Block 2065; Tract 204.02: Block Group 2: Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034; Block Group 3: Block 3000, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047; Block Group 4: Block 4035, Block 4054, Block 4055; Precinct 02: Tract 205: Block Group 1: Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1037, Block 1038; Block Group 2: Block 2081, Block 2082, Block 2092, Block 2099, Block 2100, Block 2101, Block 2102; Tract 206: Block Group 3: Block 3036, Block 3038, Block 3039, Block 3040, Block 3048; Block Group 4: Block 4053; Precinct 03, Precinct 04, Precinct 06: Tract 202.02: Block Group 1: Block 1012, Block 1013, Block 1014, Block 1015, Block 1017, Block 1018, Block 1021, Block 1022, Block 1023; Tract 204.01: Block Group 2: Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2033, Block 2034, Block 2035, Block 2036, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2056, Block 2063, Block 2999; Precinct 08, Precinct 09, Precinct 10, Precinct 13, Precinct 23: Tract 206: Block Group 4: Block 4051; Precinct 25: Tract 206: Block Group 4: Block 4036; Precinct 34, Precinct 36, Precinct 43 of Union County.
Precinct boundaries as used in this section for Vance County are those shown on maps on file with the Legislative Services Office on May 1, 1991, for Union County, are those shown on the Legislative Services Office's redistricting computer database on January 1, 2005; and for other counties are those reported by the United States Bureau of the Census under Public Law 94-171 for the 1990 Census in the IVTD Version of the TIGER files.""
SECTION 27.(c) Section 14.2.(h) of S.L. 2005-276 reads as rewritten:
"SECTION 14.2.(h) The three district court
judgeships for District 20B under subsection (f) of this section shall be filled
by the district court judges from current District 20 who reside in Union
County. The terms of the three judges living in Union County expire the first
Monday in December 2008. Those judges' successors The district court
judgeship for District 20B under subsection (f) of this section shall be filled
by the district court judge from current District 20 who resides in that
portion of Union County included in District 20B. The term of that judge
expires the first Monday in December 2008. That judge's successor shall be
elected in the 2008 general election. The two district court judgeships for
District 20C under subsection (f) of this section shall be filled by the other
two district court judges from current District 20 who reside in Union County.
The terms of those judges expire the first Monday in December 2008. Those
judges' successors shall be elected in the 2008 general
election."
SECTION 28. Section 14.11 of S.L. 2005-276 reads as rewritten:
"SECTION 14.11. The Judicial Department,
Office of Indigent Defense Services, may use up to the sum of one million sixty-nine
thousand six hundred forty-five dollars ($1,069,645) in appropriated funds
during the 2005-2006 fiscal year and up to the sum of one million twenty-three
thousand one hundred thirty-five dollars ($1,023,135) in appropriated funds
during the 2006-2007 fiscal year (i) for the expansion of existing
offices currently providing legal services to the indigent population under the
oversight of the Office of Indigent Defense Services by creating up to 10 new
attorney positions and five new support staff positions. positions;
and (ii) to create up to two new assistant public defender positions and one
new support staff position in the First Defender District and up to one new
assistant public defender position in Defender District 3A, for the purpose of
representing indigent persons eligible for the appointment of counsel in
Superior Court District 2 and District Court District 2. These funds may be
used for salaries, benefits, equipment, and related expenses. Prior to using
funds for this purpose, the Office of Indigent Defense Services shall report to
the Chairs of the House and the Senate Appropriations Subcommittees on Justice
and Public Safety on the proposed expansion."
SECTION 29.(a) Section 14.22 of S.L. 2005-276 reads as rewritten:
"SECTION 14.22. Funds Except as
otherwise provided in this act, funds appropriated to the Judicial
Department in this act for the adult Drug Treatment Court program shall
be used only to provide treatment and case coordination to offenders sentenced
to intermediate punishment and to offenders sentenced to community punishment
who are at risk of revocation."
SECTION 29.(b) S.L. 2005-276 is amended by adding a new section to read:
"SECTION 14.23. Notwithstanding the provisions of Section 14.22 of this act, of the funds appropriated to the Judicial Department in this act, the sum of three hundred thousand dollars ($300,000) for the 2005-2006 fiscal year shall be used to fund the operations of the Mecklenburg Drug Treatment Court to provide treatment to DWI offenders and pretrial offenders."
SECTION 30. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 14.24.(a) Of the funds appropriated to the Judicial Department in this act, the Department shall use the sum of nineteen thousand six hundred thirty-three dollars ($19,633) for the 2005-2006 fiscal year and the sum of thirty-three thousand eight hundred twenty-eight dollars ($33,828) for the 2006-2007 fiscal year to establish a new deputy clerk of court position in Hyde County.
SECTION 14.24.(b) This section becomes effective January 1, 2006."
SECTION 31. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 17.31. G.S. 14-309.15(d) reads as rewritten:
"(d)
The maximum cash prize that may be offered or paid for any one raffle is ten
thousand dollars ($10,000) fifty thousand dollars ($50,000) and if
merchandise is used as a prize, and it is not redeemable for cash, the maximum
fair market value of that prize may be fifty thousand dollars ($50,000). No
real property may be offered as a prize in a raffle. The total cash prizes
offered or paid by any nonprofit organization or association may not exceed ten
thousand dollars ($10,000) fifty thousand dollars ($50,000) in any
calendar year. The total fair market value of all prizes offered by any
nonprofit organization or association, either in cash or in merchandise that is
not redeemable for cash, may not exceed fifty thousand dollars ($50,000) in any
calendar year.""
SECTION 32. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 18.3. Of the funds appropriated in this act to the Department of Crime Control and Public Safety, the sum of fifty thousand dollars ($50,000) for the 2005-2006 fiscal year shall be used for the Warrenton National Guard Armory to be used for asbestos and lead paint abatement and other capital improvements."
SECTION 33. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 19A.2. Of the funds appropriated to the Department of Cultural Resources in this act, the sum of twenty five thousand dollars ($25,000) for the 2005-2006 fiscal year shall be used as a grant-in-aid to the Carolinas Concert Association to provide disadvantaged youth with opportunities for education enrichment."
SECTION 34. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 19A.3. Funds appropriated in this act to the Department of Cultural Resources for the 2005-2006 fiscal year for the Bethel Public Library shall be transferred to the Town of Bethel to be used for repairs and upgrades."
SECTION 35. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 21.3. Funds appropriated in this act to the Department of Insurance for the 2005-2006 fiscal year for the Ansonville Volunteer Fire Department shall be allocated in equal shares to all volunteer fire departments in Anson County. Funds appropriated in this act to the Department of Insurance for the 2005-2006 fiscal year for the Union Volunteer Fire Department shall be allocated in equal shares to all volunteer fire departments in Union County."
SECTION 36. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 22.5A. Of the funds appropriated in this act to the Department of Revenue, the sum of nineteen thousand seven hundred dollars ($19,700) for the 2005-2006 fiscal year and the sum of forty-three thousand dollars ($43,000) for the 2006-2007 fiscal year shall be used to pay the increased salaries of Property Tax Commission members."
SECTION 37. Section 22.6 of S.L. 2005-276 is repealed.
SECTION 38. Section 28.16 of S.L. 2005-276 is amended by adding a new subsection to read:
"SECTION 28.16(b). All funds appropriated by this act to the visitor center located on Staton Road in Transylvania County, including those funds designated as operating funds pursuant to G.S. 20-79.7(c)(2)j, may be used for capital improvements during the 2005-2007 fiscal biennium."
SECTION 39. Section 29.3 of S.L. 2005-276 reads as rewritten:
"SECTION 29.3. The annual salaries, payable monthly, for the 2005-2006 and 2006-2007 fiscal years for the following executive branch officials are:
Executive Branch Officials Annual Salary
Chairman, Alcoholic Beverage Control Commission $97,175
State Controller 135,997
Commissioner of Motor Vehicles 97,175
Commissioner of Banks 109,279
Chairman, Employment Security Commission 133,161
State Personnel Director 106,765
Chairman, Parole Commission 88,733
Members of the Parole Commission (effective 7/1/05-8/31/05) 81,921
Members of the Parole Commission (effective 9/1/05) 40,960
Chairman, Utilities Commission 121,701
Members of the Utilities Commission 109,279
Executive Director, Agency for Public Telecommunications 81,921
Director, Museum of Art 99,573
Executive Director, North Carolina Agricultural
Finance Authority 94,587
State Chief Information Officer 135,915"
SECTION 40. G.S. 120-37(c), as amended by Section 19B.1 and Section 29.8 of S.L. 2005-276, reads as rewritten:
"(c) The principal clerks
shall be full-time officers. Each principal clerk shall be entitled to other
benefits available to permanent legislative employees and shall be paid an
annual salary of ninety-two thousand three hundred twenty-four dollars
($92,324) payable monthly. Each principal clerk shall also receive such
additional compensation as approved by the Speaker of the House of
Representatives and or the President Pro Tempore of the Senate
Senate, respectively, for additional employment duties beyond those
provided by the rules of their House. The Legislative Services Commission shall
review the salary of the principal clerks prior to submission of the proposed
operating budget of the General Assembly to the Governor and Advisory Budget
Commission and shall make appropriate recommendations for changes in those
salaries. Any changes enacted by the General Assembly shall be by amendment to
this paragraph."
SECTION 41. Section 29.20.(a) of S.L. 2005-276 reads as rewritten:
SECTION 42. Subsections (a) through (h) of Section 29.30A of S.L. 2005-276 are repealed.
SECTION 43. G.S. 135-3(8)c., as amended by Section 29.28(a) of the S.L. 2005-276, reads as rewritten:
"c. Should a beneficiary who retired on an early or service retirement allowance under this Chapter be reemployed, or otherwise engaged to perform services, by an employer participating in the Retirement System on a part-time, temporary, interim, or on a fee-for-service basis, whether contractual or otherwise, and if such beneficiary earns an amount during the 12-month period immediately following the effective date of retirement or in any calendar year which exceeds fifty percent (50%) of the reported compensation, excluding terminal payments, during the 12 months of service preceding the effective date of retirement, or twenty thousand dollars ($20,000), whichever is greater, as hereinafter indexed, then the retirement allowance shall be suspended as of the first day of the month following the month in which the reemployment earnings exceed the amount above, for the balance of the calendar year. The retirement allowance of the beneficiary shall be reinstated as of January 1 of each year following suspension. The amount that may be earned before suspension shall be increased on January 1 of each year by the ratio of the Consumer Price Index to the Index one year earlier, calculated to the nearest tenth of a percent (1/10 of 1%).
The computation of postretirement
earnings of a beneficiary under this sub-subdivision, G.S. 135-3(8)c., who
has been retired at least six months and has not been employed in any capacity
with a public school for at least six months immediately preceding the
effective date of reemployment, shall not include earnings while the
beneficiary is employed to teach on a permanent, full-time basis in a
permanent full-time or part-time capacity that exceeds fifty percent (50%) of
the applicable workweek in a public school. The Department of Public
Instruction shall certify to the Retirement System that a beneficiary is
employed to teach by a local school administrative unit under the provisions of
this sub-subdivision and as a retired teacher as the term is defined under the
provisions of G.S. 115C-325(a)(5a).
Beneficiaries employed under this sub-subdivision are not entitled to any benefits otherwise provided under this Chapter as a result of this period of employment."
SECTION 44. Section 30.2 of S.L. 2005-276 reads as rewritten:
"SECTION 30.2. There is appropriated from the General Fund for the 2005-2006 fiscal year the following amount for capital improvements:
Capital Improvements - General Fund 2005-2006
Department of Commerce - State Ports Authority
Ports of Wilmington and Morehead City $ 9,000,000
Department of Cultural Resources
Capitol Area Visitor's Center 250,000
NC Museum of Art 10,000,000
Department of Environment and Natural Resources
Division of Forest Resources - District 9 300,000
Water Resources Development
Projects
15,260,00018,860,000
University of North Carolina System - Board of Governors
North Carolina
Agricultural and Technical State University -
Visual and Performance Arts Building
25,000
North Carolina State University - Engineering Complex III 8,700,000
University of North Carolina at Chapel Hill -
Renaissance Computing Institute 500,000
University of North Carolina at Chapel Hill -
School of Dentistry 2,000,000
University of North Carolina at Greensboro
and North Carolina Agricultural and
Technical State University - Joint Millennium Campus 2,000,000
University of North Carolina at Wilmington -
School of Nursing 2,600,000
Winston-Salem State University -
Laboratory Facility Planning Funds 750,000
TOTAL CAPITAL IMPROVEMENTS -
GENERAL FUND
$51,385,000 54,960,000"
SECTION 45. Section 30.3.(a) of S.L. 2005-276 reads as rewritten:
"SECTION 30.3.(a) The Department of Environment and Natural Resources shall allocate the funds appropriated in this act for water resources development projects to the following projects whose costs are as indicated:
Name of Project 2005-2006
(1) Wilmington Harbor Deepening $1,300,000
(2) Manteo (Shallowbag) Bay Channel Maintenance 50,000
(3) Wilmington Harbor Maintenance Dredging 500,000
(4) B. Everett Jordan Water Supply Storage 100,000
(5) John H. Kerr Reservoir Operations Evaluation 600,000
(6) Bogue Banks Shore Protection Study (Carteret County) 75,000
(7) Surf City/North Topsail Beach Protection Study 250,000
(8) West Onslow Beach (Topsail) 100,000
(9) Wrightsville Beach Nourishment 580,000
(10) Hurricane Stream Restoration - Western North Carolina 2,000,000
(11) Swan Quarter (Hyde County) Flood Control Dikes 100,000
(12) Ocracoke NCCAT Estuarine Shoreline Protection 1,500,000
(13) Far Creek Maintenance Dredging 120,000
(14) Belhaven Harbor Environmental Improvements 250,000
(15) Lower Lockwoods Folly River 286,000
(16) Walters Slough Maintenance Dredging 122,000
(17) Hurricane Isabel Emergency Stream
Cleanup - Northeastern North Carolina 1,370,000
(18) State-Local Projects 2,000,000
(19) Princeville Flood Control 250,000
(20) Currituck Sound Water Management Study 300,000
(21) Aquatic Weed Control, Lake Gaston and Statewide 375,000
(22) Tar River and Pamlico Sound Feasibility Study 100,000
(23) State Sponsored Dredging Contingency 2,500,000
(24) North Carolina Oyster Habitat Restoration 50,000
(25) Emergency Flood Control Projects 187,000
(26) Projected Feasibility Studies 100,000
(27) Planning Assistance to Communities 95,000
(28) Neuse Regional Water & Sewer Authority 3,600,000
TOTALS
$15,260,00018,860,000"
SECTION 46. S.L. 2005-276 is amended by adding a new section to read:
"SECTION 36.2.(a) G.S. 105-159.1(a) reads as rewritten:
"(a) Every individual
whose income tax liability for the taxable year is one dollar ($1.00) three
dollars ($3.00) or more may designate on his or her income tax return that one
dollar ($1.00) three dollars ($3.00) of the tax shall be credited to
the North Carolina Political Parties Financing Fund for the use of the
political party designated by the taxpayer. In the case of a married couple
filing a joint return whose income tax liability for the taxable year is two
dollars ($2.00) six dollars ($6.00) or more, each spouse may
designate on the income tax return that one dollar ($1.00) three
dollars ($3.00) of the tax shall be credited to the North Carolina
Political Parties Financing Fund for the use of the political party designated
by the taxpayer. Amounts credited to the Fund shall be allocated among the
political parties according to the designation of the taxpayer. Where any
taxpayer elects to designate but does not specify a particular political party,
those funds shall be distributed among the political parties on a pro rata
basis according to their respective party voter registrations as determined by
the most recent certification of the State Board of Elections. As used in this
section, the term "political party" means one of the following that
has at least one percent (1%) of the total number of registered voters in the
State:
(1) A political party that at the last preceding general State election received at least ten percent (10%) of the entire vote cast in the State for Governor or for presidential electors.
(2) A group of voters who by July 1 of the preceding calendar year, by virtue of a petition as a new political party, had duly qualified as a new political party within the meaning of Chapter 163 of the General Statutes."
SECTION 36.2.(b) This section is effective for taxable years beginning on or after January 1, 2006."
SECTION 47.(a) G.S. 105-130.47(a), as enacted by Section 39.1 of S.L. 2005-276, is amended by adding a new subdivision to read:
"(a) Definitions. - The following definitions apply in this section:
…
(2a) Live sporting event. - A scheduled sporting competition, game, or race that is not originated by a production company, but originated solely by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed television or satellite broadcast. A live sporting event shall not include commercial advertising, an episodic television series, a television pilot, music video, motion picture, or documentary production where any sporting events are presented through archived historical footage or similar footage depicting earlier live sporting events that originated more than thirty days before the time of such usage."
SECTION 47.(b) G.S. 105-130.47(f), as enacted by Section 39.1 of S.L. 2005-276, reads as rewritten:
"(f) Limitations. - The amount of credit allowed under this section with respect to a production that is a feature film may not exceed seven million five hundred thousand dollars ($7,500,000). No credit is allowed under this section for any production that satisfies one of the following conditions:
(1) It is political advertising.
(2) It is a television production of a news program or live sporting event.
(3) It contains material that is obscene, as defined in G.S. 14-190.1.
(4) It is a radio production."
SECTION 47.(c) G.S. 105-151.29(a), as enacted by Section 39.1 of S.L. 2005-276, is amended by adding a new subdivision to read:
"(a) Definitions. - The following definitions apply in this section:
…
(2a) Live sporting event. - A scheduled sporting competition, game, or race that is not originated by a production company, but originated solely by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed television or satellite broadcast. A live sporting event shall not include commercial advertising, an episodic television series, a television pilot, music video, motion picture, or documentary production where any sporting events are presented through archived historical footage or similar footage depicting earlier live sporting events that originated more than thirty days before the time of such usage."
SECTION 47.(d) G.S. 105-151.29(f), as enacted by Section 39.1 of S.L. 2005-276, reads as rewritten:
"(f) Limitations. - The amount of credit allowed under this section with respect to a production that is a feature film may not exceed seven million five hundred thousand dollars ($7,500,000). No credit is allowed under this section for any production that satisfies one of the following conditions:
(1) It is political advertising.
(2) It is a television production of a news program or live sporting event.
(3) It contains material that is obscene, as defined in G.S. 14-190.1.
(4) It is a radio production."
SECTION 47.(e) This section is effective for taxable years beginning on or after January 1, 2005, and applies to qualifying expenses incurred on or after July 1, 2005.
SECTION 48.(a) G.S. 74-24.16(d), as enacted by Section 42.2.(a) of S.L. 2005-276, reads as rewritten:
"(d) The Commissioner may
establish fees not to exceed fifty dollars ($50.00) for each person
participating in education and training programs provided by the Department of
Labor to increase the number and competence of personnel engaged in the
field of occupational safety and health. pursuant to this section."
SECTION 48.(b) This section becomes effective September 1, 2005.
SECTION 49. Section 43.3.(b) of S.L. 2005-276 reads as rewritten:
"SECTION 43.3.(b) This section is
effective for taxes imposed for taxable years beginning on or after July 1,
2005. July 1, 2006."
SECTION 50. Notwithstanding the provisions of G.S. 143-23, the Director of the Budget may transfer funds appropriated to non-State entities in S.L. 2005-276 between programs and purposes within a department, institution, or other spending agency for purposes of achieving efficient fiscal management. This section shall apply only to appropriations that were set out in the Joint Conference Committee Report on the Continuation, Expansion, and Capital Budgets, dated August 8, 2005, but not set out in either the Senate Appropriations Committee Report on the Continuation, Expansion, and Capital Budgets, dated May 3, 2005 or the House Appropriations Committee Report on the Continuation, Expansion, and Capital Budgets, dated June 15, 2005.
SECTION 50A. Section 14.14 of S.L. 2005-276 is repealed.
SECTION 51. Except as otherwise provided in this act, this act becomes effective July 1, 2005.
In the General Assembly read three times and ratified this the 30th day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:26 p.m. this 31st day of August, 2005