NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION
CHAPTER 983
SENATE BILL 954
AN ACT TO MODIFY CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS FOR NORTH CAROLINA STATE GOVERNMENT FOR THE FISCAL YEAR 1976-77, AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE.
The General Assembly of North Carolina enacts:
PART I. CURRENT OPERATIONS — GENERAL FUND
Section 1. The appropriations from the General Fund for the 1976-77 fiscal year in the 1976-77 column of the schedule in Section 2 of 1975 Session Laws Chapter 875 are repealed, and appropriations from the General Fund for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated are made for the fiscal year ending June 30, 1977, according to the following schedule:
Current Operations — General Fund: Department 1976-77
General Assembly • $ 5,577,328
Judicial Department • 43,431,600
The Governor's Office • 736,069
The Lieutenant Governor • 121,396
Department of Administration • 17,958,486
Department of Secretary of State • 421,958
Department of State Auditor • 4,819,079
Department of State Treasurer • 3,032,310
Department of Justice • 11,472,888
Department of Revenue • 17,620,308
State Board of Elections • 158,630
Department of Military & Veterans Affairs • 3,641,036
Department of Commerce • 6,202,047
Department of Insurance • 3,017,884
Department of Labor • 2,722,041
Department of Correction • 69,321,847
Department of Public Education
01. Department of Public Instruction • 4,821,659
02. State Public School Fund • 776,249,862
03. State Board of Education • 2,567,468
04. Occupational Education • 40,550,899
05. Governor's School • 219,488
06. Purchase of School Buses • 8,581,934
07. Program of Education by Television • 424,552
08. School Food Service • 4,332,020
09. Professional Improvement of Teachers • 1,120,090
10. Planning, Research & Development • 53,121
11. Evaluation & Assessment • 635,376
Total Department of Public Education • 839,556,469
Department of Community Colleges
01. Department of Community Colleges Generally • 103,069,752
02. Department of Community Colleges- Equipment
a. Equipment • 4,516,458
03. Vocational Textile School • 251,968
Total Community Colleges • 107,838,178
The University of North Carolina
01. Board of Governors
a. General Administration • 3,606,023
b. Lump Sum Appropriations
(01) General • 1,278,408
(02) Specific
(a) Institutional Programs • 25,121,398
(b) East Carolina University Medical School • 2,363,337
(c) North Carolina Central
University Law School • 150,000
(d) Vocational Rehabilitation Center • 96,806
c. Related Educational Programs • 13,793,682
Total Board of Governors • 46,409,654
02. University of North Carolina at Chapel Hill
a. Academic Affairs • 38,325,234
b. Division of Health Affairs • 23,309,039
c. Area Health Education Centers • 5,327,373
03. North Carolina State University at Raleigh
a. Academic Affairs • 32,930,634
b. Industrial Extension Service • 715,894
c. Agricultural Experiment Station • 11,132,197
d. Agricultural Extension Service • 8,543,453
04. University of North Carolina at Greensboro • 13,967,084
05. University of North Carolina at Charlotte • 11,227,167
06. University of North Carolina at Asheville • 2,506,495
07. University of North Carolina at Wilmington • 4,851,032
08. East Carolina University • 17,579,446
09. North Carolina Agricultural &
Technical State University • 8,410,149
10. Western Carolina University • 9,112,137
11. Appalachian State University • 13,115,555
12. Pembroke State University • 3,297,295
13. Winston-Salem State University • 3,532,176
14. Elizabeth City State University • 2,789,554
15. Fayetteville State University • 3,569,305
16. North Carolina Central University • 7,307,656
17. North Carolina School of the Arts • 1,876,126
18. North Carolina Memorial Hospital • 15,304,178
Total University of North Carolina • 285,138,833
Department of Cultural Resources • 10,265,121
Department of Transportation
01. State Ports Authority • 142,454
02. Aid to Airports • 1,991,079
03. Grants, Mass Transit • 910,000
Total Department of Transportation • 3,043,533
Department of Human Resources
01. Departmental Administration and Support • 2,260,436
02. Health Services • 27,152,880
03. Services for the Blind • 3,519,088
04. Vocational Rehabilitation • 5,752,704
05. Mental Health Services
a. Administration and Grants-in-aid • 31,479,145
b. Alcoholic Rehabilitation Center,
Black Mountain • 1,457,075
c. Alcoholic Rehabilitation Center, Butner • 1,031,193
d. Walter B. Jones Alcoholic
Rehabilitation Center, Greenville • 1,018,995
e. Dorothea Dix Hospital • 15,839,366
f. Broughton Hospital • 12,021,499
g. Western Carolina Center • 6,487,960
h. Cherry Hospital • 12,924,805
i. O'Berry Center • 6,738,559
j. John Umstead Hospital • 10,794,879
k. Murdoch Center • 10,758,784
l. Caswell Center • 11,351,758
m. Wright School • 561,954
06. North Carolina Orthopedic Hospital • 870,202
07. Lenox D. Baker Cerebral Palsy &
Crippled Children's Hospital of North Carolina • 540,898
08. Confederate Women's Home • 85,269
09. North Carolina Specialty Hospitals
a. General Administrative Office • 244,616
b. McCain Hospital • 2,646,163
c. Western Carolina Hospital • 2,418,194
d. Eastern North Carolina Hospital • 2,500,761
10. North Carolina School for the Deaf • 3,551,975
11. Eastern North Carolina School for the Deaf • 2,018,614
12. Central North Carolina School for the Deaf • 1,446,430
13. Governor Morehead School • 2,404,742
14. Facility Services • 5,953,341
15. Social Services • 105,129,187
16. State Aid to Non-State Health
& Welfare Agencies • 2,695,011
17. Youth Services • 9,341,669
Total Department of Human Resources • 302,998,152
Department of Natural & Economic Resources • 24,435,138
Department of Agriculture • 13,017,709
Debt Service-Interest • 17,819,000
Debt Service-Redemption • 22,205,500
Contingency & Emergency • 1,500,000
Salary Adjustments of State Employees • 900,000
Reserve for Retirement, Social Security, Hospitalization
Insurance & Unemployment Compensation
of Teachers & State Employees • 3,176,446
Reserve for Cost Increase Utilities & Fuel • 4,350,000
Reserve for Increase in Hospitalization Insurance Cost • 6,053,770
Salary increase for certain employees not subject to the Personnel Act
01. College Academic Personnel EPA;
Board of Governors, The University
of North Carolina • 2,951,144
02. Community College Personnel EPA • 1,669,654
Salary increase for Teachers & State Employees
01. Public School Employees • 52,236,223
02. Community College Personnel • 6,565,667
03. Board of Governors-
The University of North Carolina • 9,407,514
04. Employees Subject to the State Personnel Act • 27,289,500
05. Court System Personnel • 2,316,680
06. Teachers- Youth Services School • 102,674
07. Personnel Exempt from the State Personnel
Act & Utilities Commissioners • 92,672
Total Salary Increases • 98,010,930
Reserve for replacement of passenger
vehicles & light trucks • 100,000
GRAND TOTAL CURRENT OPERATIONS-
GENERAL FUND • $1,935,284,484
PART II. CURRENT OPERATIONS — HIGHWAY FUND
Sec. 2. The amounts appropriated from the Highway Fund for the 1976-77 fiscal year in the 1976-77 column of the schedule in Section 3 of 1975 Session Laws Chapter 875 are repealed, and appropriations from the Highway Fund for the expense of collecting revenues, for the service of the highway debt, and for the maintenance of transportation-related activities are made for the fiscal year ending June 30, 1977, according to the following schedule:
Current Operations — Highway Fund: Department 1976-77
Title A
Department of Transportation
01. General Administration
a. Policy & Program Direction • $ 439,073
b. Central Management & Service • 8,656,769
c. Transportation Planning • 375,040
d. Transportation Safety • 9,404,749
02. Highways
a. General Management • 1,344,794
b. Engineering Management • 14,641,316
c. State Construction
(01) Primary Construction • 21,280,912
(02) Secondary Construction
(a) Statewide • 0
(b) Safety Improvements • 100,000
(c) County • 30,000,000
(03) Urban Construction • 10,573,649
(04) Access & Public Roads • 1,500,000
(05) Bridge Replacements • 5,000,000
d. State Funds to Match Federal Highway Aid-
Planning Survey & Highway
Planning Research • 1,367,714
e. State Funds to Match Federal
Highway Aid- Construction • 46,105,540
f. State Maintenance
(01) Primary • 43,624,655
(02) Secondary • 64,301,380
(03) Urban • 11,974,892
g. Ferry Operations • 4,812,777
h. State Aid to Municipalities • 29,375,000
03. Mass Transportation Planning • 68,457
04. Revenue Collection & Vehicle Regulation • 13,817,838
05. State Highway Patrol • 24,997,052
06. Reserve and Transfers
a. Merit Salary Increments • 9,562,132
b. Employers Retirement Contribution for
central offices & Division of Highways • 9,994,282
c. Highway Fund Contribution to the
Law Enforcement Officers Retirement Fund • 1,435,000
d. Employers Social Security Contribution
for the central offices and the
Division of Highways • 6,127,080
e. Employers Contribution for
Hospital /Medical Insurance —
central offices & Division of Highways • 1,922,856
f. Disability Salary Continuation for the central
offices and the Division of Highways • 443,736
g. Reimbursement to the Department of
Revenue for Gasoline Tax Collection • 690,642
h. Reserve for Implementation of the
Occupational Health and Safety Act • 875,000
i. Reserve for Salary Increase
for Highway Fund Employees • 12,231,622
j. Reserve for Increased Contribution
for Hospital Medical Insurance • 788,891
Total Department of Transportation • 387,832,848
Other Highway Fund
Title B
01. Debt Service • 23,156,000
02. Salary Adjustments for Highway Fund Positions • 1,150,000
03. Reserve for Contingencies • 500,000
04. Reserve for Increased Retirement Benefits • 220,00
05. Department of Commerce for
Transportation Inspection • 418,658
06. Department of Agriculture for
Gasoline Inspection • 1,020,249
07. Certifying and Training Breath Test Operators • 166,399
Total Other Highway Fund • 26,631,306
GRAND TOTAL CURRENT OPERATIONS -
HIGHWAY FUND • $414,464,154
PART III. CAPITAL IMPROVEMENTS — GENERAL FUND
Sec. 3. The amounts appropriated from the General Fund for the 1976-77 fiscal year in the 1976-77 column in the schedule in Section 4 of 1975 Session Laws Chapter 874 and the total amount appropriated to begin July 1, 1976, in the first paragraph of Section 4 are repealed, and appropriations from the General Fund for use by State institutions, departments and agencies to provide for capital improvement projects are made for the fiscal year ending June 30, 1977, according to the following schedule:
Capital Improvements — General Fund: Department 1976-77
Department of Administration
01. Reserve for capital improvement
cost increases • $ 500,000
02. Continue development of mall
in State government center • 1,735,000
03. Renovations and repairs of buildings
- government center • 100,000
04. Land acquisition - government center • 650,000
05. Land acquisition - State parks • 1,800,000
Less receipts - BOR • 1,300,000
General Fund appropriation • 500,000
06. Renovation of Agriculture Building • 1,300,000
07. Renovation of Museum of Natural History • 90,000
Total Department of Administration • 4,875,000
Board of Governors - University of North Carolina
01. Construction or renovation of educational,
administrative, maintenance, and utilities
facilities; architectural barrier removal; OSHA
compliance; and land acquisition • 4,527,500
02. East Carolina University Medical Complex • 18,325,000
03. North Carolina Central
University Law School Building • 2,250,000
04. Vocational Rehabilitation Center at Chapel Hill • 300,000
Total Board of Governors - University of
North Carolina • 25,402,500
Community Colleges
01. Construction of facilities • 4,500,000
Less Receipts • 3,000,000
General Fund Appropriation • 1,500,000
Total Community Colleges • 1,500,000
Department of Cultural Resources
01. Historic Halifax restoration • 50,000
02. Reed Gold Mine restoration • 31,250
03. Duke Homestead restoration • 37,500
Total Department of Cultural Resources • 118,750
Department of Human Resources
01. Reserve for corrections of Life – Safety
Code deficiencies • 500,000
02. Central School for the Deaf
a. Sidewalks, lighting, landscaping,
playground • 100,000
03. The Governor Morehead School
a. Completion of primary school • 358,888
04. O'Berry Center
a. Re-roof four buildings • 450,000
b. Renovation of and additions
to B-l and B-2 buildings • 2,415,000
05. Caswell Center
a. Re-roofing three buildings • 110,000
b. Renovate Parrot and Johnson buildings • 725,000
c. Non-ambulatory dormitory • 1,685,000
06. Division of Youth Services
a. Construction of School Building
at Swannanoa • 1,132,532
b. Replace Roof on Leonard Cottage
at Samarkand Manor • 11,000
c. Re-roof 2 cottages at C. A. Dillon School • 10,000
d. Renovate Auman Cottage at
Cameron Morrison School • 40,000
e. Renovate Edwards Cottage at
Cameron Morrison School • 40,000
f. Replace Ceramic Tile Showers
at Samarkand Manor • 4,000
g. Replace Floor Tile 2 Cottages
Samarkand Manor • 16,000
h. Install Security Screens at
Samarkand Manor • 29,000
i. Install Floor Tile in 2 Cottages at
C. A. Dillon School • 6,000
j. Air Condition Classroom Building
at Dobbs School • 7,000
k. Air Condition Classroom Building
at Samarkand Manor • 8,000
l. Air Condition Classroom Building at
C. A. Dillon School • 6.000
m. Air Condition Cottages "A" and "B"
at C. A. Dillon School • 36,000
Total Department of Human Resources • 7,689,420
Department of Military and Veterans Affairs
01. Reserve for construction of or additions to
armories at Clinton, Salisbury and Lumberton • 1,427,000
Less receipts - federal • 1,070,250
Less receipts – local • 178,375
General Fund appropriation • 178,375
02. Supplement to 1973 appropriations for new
armories at Canton - Waynesville,
High Point & Monroe • 138,000
Less receipts - federal • 103,500
Less receipts - local • 17,250
General Fund appropriation • 17,250
Total Department of Military and Veterans Affairs • 195,625
Department of Natural and Economic Resources
01. Division of Parks and Recreation
a. Reserve for development of
recreational facilities at federal
reservoirs, State parks • 1,000,000
02. Division of Environmental Management
a. Reserve for civil works projects • 200,000
b. Reserve for development of
Wanchese Harbor • 500,000
Total Department of Natural and Economic Resources • 1,700,000
Department of Transportation and Highway Safety
01. State Ports Authority
a. Hardstand South Dock Wilmington • 1,720,000
b. Completion of sanitary sewer
collection system Wilmington • 255,000
Total Department of Transportation
and Highway Safety • 1,975,000
GRAND TOTAL CAPITAL IMPROVEMENTS
APPROPRIATION GENERAL FUND • $ 43,456,295
PART IV. SPECIAL PROVISIONS
Index - Special Provisions
‑FOUR PERCENT AND THREE HUNDRED DOLLAR PAY INCREASE
Sec. 4.
‑SALARIES AND OTHER BENEFITS/STUDY
Sec. 4.1.
‑SALARY AND WAGE PERCENTAGE INCREASE AND ADDITIONAL THREE
Sec. 5.
‑SALARY PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED
Sec. 6.
‑LIMITATION ON ALL INCREASES
Sec. 7.
‑TEMPORARY STATE EMPLOYEES
Sec. 8.
‑PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED DOLLARS/
Sec. 9.
‑SALARY PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED
Sec. 10.
Sec. 11.
‑SALARY/MAGISTRATES
Sec. 12.
‑ADDITIONAL EXPENSE ALLOWANCE/SUPERIOR COURT JUDGES
Sec. 13.
‑SALARY PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED
Sec. 14.
Sec. 15.
Sec. 16.
Sec. 17.
Sec. 18.
Sec. 19.
Sec. 20.
Sec. 21.
‑SALARY INCREASES/EDUCATION, CLERICAL AND CUSTODIAL
Sec. 21.1.
‑SALARIES/LIMITATIONS ON COLLEGES AND COMMUNITY COLLEGES
Sec. 22.
‑SALARIES/DRIVER TRAINING SUMMER SCHEDULE
Sec. 23.
‑EMPLOYEE DISABILITY SALARY CONTINUATION PROGRAM/MODIFY 1975
Sec. 24.
‑RETIREMENT SYSTEM EMPLOYEE CONTRIBUTION/STUDY
Sec. 25.
‑TEACHERS/STATE EMPLOYEES HOSPITALIZATION CONTRACT/STUDY
Sec. 25.1.
‑JOB PRIORITY FOR DISCHARGED EMPLOYEES
Sec. 26.
‑REVENUE SHARING/CAPITAL IMPROVEMENTS
Sec. 27.
‑REVENUE SHARING/CURRENT OPERATIONS
Sec. 28.
Sec. 29.
‑PROCEEDS OF SALE, LEASE, OR RENTAL/STATE PROPERTY
Sec. 30.
‑PROCEEDS OF SALE/UNC PROPERTY
Sec. 31.
‑PROCEEDS OF SALE /MENTAL HEALTH PROPERTY
Sec. 32.
‑COMMUNITY MENTAL HEALTH CENTER INPATIENT
Sec. 33.
‑CHRONIC ALCOHOLICS IN WESTERN NORTH CAROLINA
Sec. 34.
‑TRANSFER DESIGNATED PORTIONS OF MOREHEAD
Sec. 35.
Sec. 36.
‑CLOSING FOUNTAIN SCHOOL
Sec. 37.
‑TRANSFER FOUNTAIN SCHOOL TO DEPARTMENT OF
Sec. 38.
Sec. 39.
‑COMMUNITY BASED PROGRAMS AND FOUNTAIN SCHOOL EMPLOYEES/YOUTH
Sec. 40.
‑YOUTH SERVICES COMMISSION/ELECT CHAIRMAN
Sec. 41.
‑TEXTBOOKS TRANSFERRED FROM PUBLIC EDUCATION TO YOUTH
Sec. 42.
‑N.C. TEACHERS' READING LAB
Sec. 43.
‑UNIFORM SICK LEAVE POLICY/STATE BOARD OF EDUCATION
Sec. 44.
‑RECOMMENDATION/1977 ATTENTION TO LOCAL MENTAL HEALTH STATE
Sec. 45.
‑RECOMMENDATION/ 1977 PRIORITY TO PROVIDE TEXTBOOKS FOR
Sec. 46.
‑OFFICE FOR AGING MATCHING FUNDS
Sec. 47.
‑REIMBURSEMENT FOR SERVICES FOR THE BLIND
Sec. 48.
‑MEDICARE-MEDICAID RECEIPTS
Sec. 49.
‑TECHNICAL INSTITUTES/SPECIAL EQUIPMENT
Sec. 50.
‑SUSPEND NEW PERSONNEL POLICIES FOR COMMUNITY COLLEGES
Sec. 51.
‑COMMUNITY COLLEGE INTERNS/FUNDING RESTORED
Sec. 52.
‑COMMUNITY COLLEGES FEES
Sec. 53.
‑NO REDUCTION IN COMMUNITY COLLEGE ALLOCATION UNLESS
Sec. 54.
‑EXCESS RECEIPTS IN COMMUNITY COLLEGES AND UNC NOT SUBJECT
Sec. 55.
‑AID TO PRIVATE COLLEGES/LIMITATION
Sec. 56.
‑MERGE NATIONAL DRIVING CENTER AND N.C.
Sec. 57.
‑N.C. CENTRAL LAW BUILDING/CONTINGENT APPROPRIATION
Sec. 58.
Sec. 59.
‑AMEND THE ADMINISTRATIVE PROCEDURES ACT AND RELATED STATUTES
Sec. 60.
Sec. 61.
Sec. 62.
Sec. 63.
Sec. 64.
Sec. 65.
Sec. 66.
Sec. 67.
Sec. 68.
Sec. 69.
Sec. 70.
Sec. 71.
Sec. 72.
Sec. 73.
Sec. 74.
Sec. 75.
Sec. 76.
Sec. 77.
Sec. 78.
Sec. 79.
Sec. 80.
Sec. 81.
Sec. 82.
Sec. 83.
Sec. 84.
Sec. 85.
‑DRIVER TRAINING SPECIAL FUND
Sec. 86.
‑SHELTERED WORKSHOPS
Sec. 87.
‑PRE-KINDERGARTEN SCREENING
Sec. 88.
‑KINDERGARTEN CLASS SIZE
Sec. 89.
Sec. 90.
‑BOARD OF GOVERNORS/OVER-ENROLLMENT
Sec. 91.
‑TRANSPORTATION PERSONNEL OFFICERS
Sec. 92.
‑INCREASE PAY FOR CONTRACT VENDORS SELLING LICENSE PLATES
Sec. 93.
‑STATE PERSONNEL STUDY LAW ENFORCEMENT CLASSIFICATION
Sec. 94.
‑PRISON ENTERPRISES FUNDS TO GENERAL FUND
Sec. 95.
‑CHAPLAINS FOR DEPARTMENT OF CORRECTIONS
Sec. 95.1.
‑RESERVE FUND/FOOD & CLOTHING FOR CORRECTIONS
Sec. 96.
‑REVERT CAPITAL IMPROVEMENTS/CORRECTIONS CONFINEMENT FACILITI
Sec. 97.
‑REVERT CAPITAL IMPROVEMENTS/CORRECTIONS WATER AND SEWER
Sec. 98.
‑REVERT CAPITAL IMPROVEMENTS/JACKSON SCHOOL
Sec. 99.
‑REVERT CAPITAL IMPROVEMENT/YOUTH SERVICES
Sec. 100.
‑REVERT CAPITAL IMPROVEMENTS/SAMARKAND MANOR
Sec. 101.
‑NORTH CAROLINA A&T STADIUM AND UNC CHARLOTTE DORM & PARKING/
Sec. 102.
‑DOROTHEA DIX HOSPITAL/NEW MALE WING PLANNING
Sec. 103.
‑1975 SPECIAL BILL/HUMAN TISSUE DONATIONS
Sec. 104.
‑1975 SPECIAL BILL/RECYCLING ADVISORY COUNCIL
Sec. 105.
‑1975 SPECIAL BILL/NATIONAL GUARD TUITION ASSISTANCE
Sec. 106.
‑1975 SPECIAL BILL/WESTERN CAROLINA CENTER
Sec. 107.
‑1975 SPECIAL BILL/BOARD OF EDUCATION PLANT OPERATION
Sec. 108.
‑1975 SPECIAL BILL/INDIAN AFFAIRS COMMISSION
Sec. 109.
‑1975 SPECIAL BILL/SHELTERED WORKSHOPS
Sec. 109.1.
‑SPECIAL BILL/AGRICULTURAL EXTENSION SWINE SPECIALISTS
Sec. 110.
‑1975 SPECIAL BILL/JUDICIAL SECRETARIES AND INVESTIGATIONAL
Sec. 111
‑1975 SPECIAL BILL/LAND RECORDS INFORMATION SYSTEM
Sec. 112.
‑HUMAN RELATIONS/REDUCE CENTRAL STAFF
Sec. 112.1.
Sec. 112.2.
Sec. 112.3.
‑NEW DEPUTY CLERKS OF COURT
Sec. 113.
‑ADDITIONAL ASSISTANT DISTRICT ATTORNEYS FOR 4TH, 9TH AND
Sec. 114.
‑DISTRIBUTION OF COPIES OF SESSION LAWS AND OTHER STATE
Sec. 115.
Sec. 116.
‑COMMUNITY COLLEGES/ NEW PROGRAM OF NURSING EDUCATION
Sec. 117.
‑DETENTION FACILITY FUNDS TO HUMAN RESOURCES
Sec. 118.
‑ELIMINATE CHIEF DEPUTY SECRETARY IN ADMINISTRATION,
Sec. 119.
‑PUBLIC RELATIONS
Sec. 120.
‑RENOVATIONS/STATE BUILDINGS
Sec. 121.
‑PAY FOR GOODS AND SERVICES DURING FISCAL YEAR ORDERED
Sec. 122.
‑GOVERNMENT OPERATIONS COMMISSION CHECK
Sec. 123.
‑BUDGET TRANSFERS
Sec. 124.
‑REVISE BENEFITS/LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT
Sec. 125.
Sec. 126.
Sec. 127.
Sec. 128.
Sec. 129.
Sec. 130.
‑FOREIGN-TRADE ZONES
Sec. 131.
Sec. 132.
‑CHANGE VENUE FOR SOME DISTRICT COURT HEARINGS
Sec. 133.
‑ECONOMIZE IN CRIMINAL PROCEDURE/REMOVE UNJUSTIFIED
Sec. 134.
Sec. 135.
Sec. 136.
Sec. 137.
Sec. 138.
Sec. 139.
Sec. 140.
Sec. 141.
Sec. 142.
Sec. 143.
Sec. 144.
‑STATE PORTS AUTHORITY /CONSTRUCT NEW TURNING BASIN AT
Sec. 145.
Sec. 146.
‑LINE ITEMS IN THE RECOMMENDED 1977-79 BUDGET
Sec. 147.
‑RETAIN 1975 APPROPRIATIONS LIMITATIONS AND DIRECTIONS
Sec. 148.
Sec. 149.
‑EFFECTIVE DATES
Sec. 150.
Sec. 151.
Sec. 152
PART IV. SPECIAL PROVISIONS
‑FOUR PERCENT AND THREE HUNDRED DOLLAR PAY INCREASE
Sec. 4. The State officials and employees specified in this act shall receive higher pay increased annually by four percent (4%) of the amounts received on June 30, 1976, and by an additional three hundred dollars ($300.00). The percentage increments shall be computed on salary amounts prior to the addition of the three hundred dollar ($300.00) increment to base pay. The three hundred dollar increment shall be a continuing increase to base pay.
‑SALARIES AND OTHER BENEFITS/STUDY
Sec. 4.1. The appropriations in this act supporting salary increases amount to a lesser sum than the General Assembly considers desirable but represents the largest increase possible under current economic conditions and represents the most equitable increase based upon existing knowledge of the facts. The General Assembly is committed to providing teachers and State employees with salaries commensurate with the work they perform and sufficient to maintain an adequate standard of living; to this end, the Joint Committee to Study Salaries and Other Benefits for Teachers and State Employees is established to make a comprehensive and detailed report to the General Assembly prior to the convening of the 1977 Session. The President of the Senate shall appoint five members of the Senate and the Speaker of the House shall appoint five members of the House to the committee. The committee shall assemble as soon as practicable after its appointment and shall elect one of its members as chairman. The committee shall use staff services of the Fiscal Research Division and may call upon the State Budget Office, the State Personnel Office and the Department of Public Instruction for assistance. The committee shall study all matters relating to salary and other compensation of all educational personnel at all levels and of other personnel paid from State funds and shall make recommendations concerning salary and benefit increases in the 1977-79 biennium. The committee shall collect and transmit to the General Assembly data concerning recent history of teacher and State employee compensation including comparisons of salary levels, increments and policies within the various employee groups within the State, comparisons of sums appropriated for teacher and employee compensation with sums appropriated for other governmental purposes and comparisons with data from other states on these subjects. The report shall seek to establish criteria for salary and other compensation which will include job descriptions and will ensure that teachers and State employees are paid in a manner which will reward experience and demonstrated ability and will, in the case of educational personnel, result in an educational system which will provide the children of North Carolina with the best possible educational system which the State is capable of supporting. In order to achieve this purpose, the committee shall recommend a proper level of State support for its educational personnel and other employees and shall study the resources of the State to suggest sources of additional revenue which may be necessary.
‑SALARY AND WAGE PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED DOLLARS/TEACHERS AND STATE EMPLOYEES GENERALLY
Sec. 5. The Director of the Budget is authorized and empowered to transfer from the appropriations in this act for salary increases of State employees paid from the General Fund and the Highway Fund respectively, such amounts, including the employer's retirement and social security contributions, as may be required to increase salaries in effect on June 30, 1976, for all full-time and part-time permanent public school employees and for all full-time and part-time permanent employees subject to the State Personnel Act by four percent (4%) and an additional three hundred dollars ($300.00) commencing July 1, 1976, rounded to the nearest whole dollar figure per month for the annual term of the position. For an employee whose salary in effect on June 30, 1976, is not equal to a specific pay rate within the present State Personnel Commission or school system salary schedule, the annual percentage increase will be the amount applicable to the next lower pay rate. Permanent part-time employees and employees other than public school teachers whose term of employment is less than twelve months shall receive only the appropriate pro rata amount of the additional three hundred dollars ($300.00) for permanent full-time employees.
The Director of the Budget is authorized and empowered to allocate, out of special operating funds, or from sources other than tax revenues under which personnel are employed, sufficient funds to conform with the provisions of this section, provided necessary funds are available or made available by sponsoring agents. The Director of the Budget is further authorized to promulgate special rules and regulations to apply to salary increases for employees whose salaries are paid from inter-agency receipts, where payments for the services of such employees originate from State appropriations, as long as the effective purchasing power of such appropriations is not materially reduced as a result of these salary increases. Any question as to the applicability of the provisions of this paragraph shall be resolved by the Director of the Budget and the Advisory Budget Commission.
Salaries for positions which are paid partially from the General Fund and partially from sources other than the General Fund shall be increased from the General Fund appropriation only to the extent of the proportionate part of the salaries paid from the General Fund.
The granting of this legislative across-the-board percentage salary increase and additional three hundred dollar ($300.00) increment shall not affect the status of eligibility for automatic or merit salary increments or both for which employees may be eligible during the 1976-77 fiscal year.
‑SALARY PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED DOLLARS/GENERAL ASSEMBLY PERMANENT EMPLOYEES
Sec. 6. The Legislative Services Officer is authorized to increase the salaries of permanent non-elected employees of the General Assembly in effect on June 30, 1976, by four percent (4%) and an additional three hundred dollars ($300.00) commencing July 1, 1976, rounded to the nearest whole dollar figure divisible by twelve and otherwise adjusted to conform with the relative levels of the Legislative Services Commission salary schedule.
The granting of this legislative percentage salary increase and additional three hundred dollars ($300.00) shall not affect the status of employees' eligibility for automatic or merit increments.
‑LIMITATION ON ALL INCREASES
Sec. 7. The salary increases provided in this act to be effective July 1, 1976, shall not apply to persons separated from the State service due to resignation, dismissal, reduction in force, death or retirement, whose last work day is prior to July 1, 1976.
‑TEMPORARY STATE EMPLOYEES
Sec. 8. Within regular Executive Budget Act procedures as limited by this act, all State agencies and departments are authorized to increase the rate of pay of temporary State employees, subject to availability of funds in the particular agency or department and on an equitable basis, by pro rata amounts approximately equal to the four percent (4%) and additional three hundred dollar ($300.00) annual increase to full-time State employees.
‑PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED DOLLARS/SALARIES SET BY GOVERNOR, ABC, OR GENERAL ASSEMBLY
Sec. 9. The salaries of State employees set by the Governor and the Advisory Budget Commission that have to be submitted to the General Assembly under G.S. 143-34.3 may be increased by four percent (4%) and an additional three hundred dollars ($300.00) during fiscal year 1976-77 without being submitted to the General Assembly. Also, salaries set or approved by the Governor or by the Advisory Budget Commission under G.S. 143B-15 or other related statutes and salaries to be set or approved by the General Assembly under G.S. 143B-15 or other related statutes may be increased by the same rate and additional amount.
‑SALARY PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED DOLLARS/COURT SYSTEM
Sec. 10. The salary per annum of members of the court system shall be as follows:
Chief Justice, Supreme Court $40,860
Associate Justice, Supreme Court 39,816
Chief Judge, Court of Appeals 38,256
Judge, Court of Appeals 37,224
Judge, Superior Court 32,016
Chief Judge, District Court 25,776
Judge, District Court 24,744
Solicitor or District Attorney 28,380
Assistant Solicitor or Assistant District
Attorney an average of 18,504
Administrative Officer of the Courts 34,104
Assistant Administrative Officer of the Courts 25,260
Public Defender 28,380
Assistant Public Defender an average of 18,504
The minimum salary of any assistant solicitor or assistant district attorney and assistant public defender shall be twelve thousand dollars ($12,000) per annum; provided, that on recommendation of the district attorney or the public defender with the approval of the administrative officer of the courts the salaries of assistant district attorneys and assistant public defenders may be adjusted so long as the average salaries of assistant district attorneys and assistant public defenders in a judicial district do not exceed eighteen thousand five hundred four dollars ($18,504). Funds appropriated in this act for salary increases and employer's retirement and related social security contributions for permanent employees of the Judicial Department not otherwise provided for under the provisions of Chapter 7A of the General Statutes are to provide salary increases commencing July 1, 1976, of the same percentage and of the same additional amount as that authorized for State employees subject to the Personnel Act by this act, rounded off to the nearest whole dollar figure divisible by twelve and to conform to the steps in the salary ranges adopted by the Judicial Department.
Sec. 11. The schedule of salaries of clerks of superior courts beginning on line 9 of G.S. 7A-102 is deleted and in lieu thereof the following schedule is substituted:
Population Salary
Less than 10,000 $10,596
10,000 to 19,999 13,308
20,000 to 49,999 15,900
50,000 to 99,999 17,988
100,000 to 199,000 20,892
200,000 and above 25,260
‑SALARY/MAGISTRATES
Sec. 12. The maximum salary of magistrates in G.S. 7A-172 is changed by deleting "ten thousand seventy-four dollars ($10,074)" and inserting in lieu thereof "ten thousand seven hundred seventy-six dollars ($10,776)".
‑ADDITIONAL EXPENSE ALLOWANCE/SUPERIOR COURT JUDGES
Sec. 13. Of the appropriations in Section 1 of this act to the Judicial Department, eighty-two thousand five hundred dollars ($82,500) is to be used according to a new paragraph which is hereby added to G.S. 7A-44, to read as follows:
"In addition to the above allowance, each superior court judge may receive an additional allowance of a maximum of one thousand five hundred dollars ($1,500) under the following conditions: (1) he must submit proof satisfactory to the director of the Administrative Office of the Courts that he has already spent the five thousand five hundred dollar ($5,500) allowance for the purpose authorized; (2) thereafter, upon proper certification to the Administrative Office of the Courts, a judge of the superior court may receive a subsistence allowance of thirty-five dollars ($35.00) per day while attending court and transacting official business outside his county of residence and mileage at the rate authorized for State employees for one round trip per week."
‑SALARY PERCENTAGE INCREASE AND ADDITIONAL THREE HUNDRED DOLLARS/COUNCIL OF STATE
Sec. 14. G.S. 147-35 is rewritten to read as follows:
"§ 147-35. Salary of Secretary of State. — The salary of the Secretary of State shall be thirty-two thousand five hundred forty-four dollars ($32,544) a year, payable monthly."
Sec. 15. G.S. 147-55 is rewritten to read as follows:
"§ 147-55. Salary of Auditor. — The salary of the State Auditor shall be thirty-two thousand five hundred forty-four dollars ($32,544) a year, payable monthly."
Sec. 16. G.S. 147-65 is rewritten to read as follows:
"§ 147-65. Salary of State Treasurer. — The salary of the State Treasurer shall be thirty-two thousand five hundred forty-four dollars ($32,544) a year, payable monthly."
Sec. 17. G.S. 115-13 is rewritten to read as follows:
"§ 115-13. Office and salary of State Superintendent of Public Instruction. — The State Superintendent of Public Instruction shall keep his office in the Education Building in Raleigh, and his salary shall be thirty-five thousand one hundred forty-eight dollars ($35,148) a year, payable monthly."
Sec. 18. G.S. 114-7 is rewritten to read as follows:
"§ 114-7. Salary of Attorney General. — The Attorney General shall receive a salary of thirty-six thousand seven hundred eight dollars ($36,708) a year, payable monthly."
Sec. 19. G.S. 106-11 is rewritten to read as follows:
"§ 106-11. Salary of Commissioner of Agriculture. — The salary of the Commissioner of Agriculture shall be thirty-two thousand five hundred forty-four dollars ($32,544) a year, payable monthly."
Sec. 20. The second sentence of G.S. 95-2, as it appears in the 1975 Replacement to Volume 2C of the General Statutes, is rewritten to read as follows:
"The term of office of the Commissioner of Labor shall be four years, and he shall receive a salary of thirty-two thousand five hundred forty-four dollars ($32,544) a year, payable monthly."
Sec. 21. G.S. 58-6 is rewritten to read as follows:
"§58-6. Salary of Commissioner of Insurance. — The salary of the Commissioner of Insurance shall be thirty-two thousand five hundred forty-four dollars ($32,544) a year, payable monthly."
‑SALARY INCREASES/EDUCATION, CLERICAL AND CUSTODIAL EMPLOYEES
Sec. 21.1. The State Board of Education shall adopt the necessary rules and regulations to assure that all State-funded janitor and maid employees, and also State-funded clerical assistants in the offices of principals and superintendents, receive salary increases as authorized.
‑SALARIES/LIMITATIONS ON COLLEGES AND COMMUNITY COLLEGES
Sec. 22. Section 50 of 1975 Session Laws Chapter 875 contains limitations and directions that apply to appropriations for merit salary increases to permanent college academic personnel and permanent community college personnel whose salaries are exempt from the State Personnel Act. The section includes authorization for the amount of funds to be allocated to individuals according to rules and regulations established by the Board of Governors of The University of North Carolina or the State Board of Education. All of these limitations and directions of Section 50 of 1975 Session Laws Chapter 875 shall apply to appropriations in this act for the same personnel for merit salary increases and for four percent (4%) and additional three hundred dollar ($300.00) salary increases. As an additional limitation, no part of the funds appropriated as reserves for these merit increases by Section 1 of this act shall be used to establish any new position.
‑SALARIES/DRIVER TRAINING SUMMER SCHEDULE
Sec. 23. The State Board of Education is authorized, within driver training funds available, to increase the summer salary schedule for driver training by four percent (4%) plus a pro rata monthly portion of the three hundred dollar ($300.00) annual incrase provided for other school personnel.
‑EMPLOYEE DISABILITY SALARY CONTINUATION PROGRAM/MODIFY 1975 SPECIAL PROVISION
Sec. 24. Section 53 of 1975 Session Laws Chapter 875 is repealed. The Employee Disability Salary Continuation Program shall be funded on a pay-as-you-go basis instead of a pre-paid premium basis. Beginning July 1, 1976, funds budgeted for the existing Employee Disability Salary Continuation Program ($3.00 per month per employee) shall be used to pay the increased employee cost for hospitalization ($3.50 per month per employee) which became effective October 1, 1975. Employee disability salary continuation payments payable in 1975-77 shall be paid by the North Carolina Teachers' and State Employees' Retirement System from the existing reserves and interest income of the Disability Salary Continuation Program Fund.
‑RETIREMENT SYSTEM EMPLOYEE CONTRIBUTION/STUDY
Sec. 25. The Fiscal Research Division of the Legislative Services Commission is authorized and empowered to have an examination conducted of the Teachers' and State Employees' Retirement System to determine the appropriate employers' matching contribution rate that should be used for the 1977-79 biennium, and to study funding arrangements to support hospitalization insurance for retired teachers and State employees. The results of these studies shall be made available to the 1977 General Assembly prior to the convening of the session.
‑TEACHERS/ STATE EMPLOYEES HOSPITALIZATION CONTRACT/STUDY
Sec. 25.1. The appropriation of six million eight hundred forty-two thousand six hundred sixty-one dollars ($6,842,661) from the General Fund and Highway Fund for increased hospitalization cost effective October 1, 1976, is made only upon condition that when any valid and binding contract providing for hospital and medical care benefits for teachers and State employees which exists at the time of ratification of this act expires, renewal of that contract or the execution of a new contract shall be done only after competitive bidding; failure to satisfy this condition shall automatically cancel the appropriation of six million eight hundred forty-two thousand six hundred sixty-one dollars ($6,842,661).
‑JOB PRIORITY FOR DISCHARGED EMPLOYEES
Sec. 26. Any State employee who has five years or more service with the State who is dismissed, discharged or otherwise terminated as a result of a budgetary cut by the 1975 General Assembly, Second Session 1976, shall be given first refusal on any job opening within State government for which the employee is otherwise qualified; provided that the employee was and the vacancy is subject to the State Personnel Act.
‑REVENUE SHARING/CAPITAL IMPROVEMENTS
Sec. 27. To the end of providing maximum flexibility for the expenditure of appropriations consistent with federal regulations governing expenditure of general shared federal revenue, the items below, which are elements of 1976-77 Capital Improvements Appropriations to the indicated departments as enumerated in Section 3 of this act, are to be financed from the General Revenue Sharing Trust Fund of the State.
Capital Improvements — Revenue Sharing
Trust: Department 1976-77
Department of Administration
Reserve for capital improvement cost increases $ 500,000
Continue development of mall in State government center 1,735,000
Land Acquisition-government center 650,000
Renovation of Agriculture Building 1,300,000
Renovation of Museum of Natural History 90,000
Board of Governors ‑ The University of North Carolina
Construction or renovation of educational, maintenance,
administrative, and utilities facilities; architectural
barrier removal; OSHA compliance; and land acquisition 2,150,000
Department of Human Resources
Reserve for Corrections of Life-Safety Code deficiencies 500,000
Central School for the Deaf 100,000
The Governor Morehead School 358,888
O'Berry Center 2,865,000
Caswell Center 2,520,000
Juvenile Evaluation Center 1,132,532
Samarkand Manor 68,000
Cameron Morrison 80,000
C. A. Dillon 58,000
Dobbs 7,000
Department of Transportation and Highway Safety
State Ports Authority 1,975,000
Department of Cultural Resources
Reserve for Capital Improvements
at Historic Sites 36,938
‑REVENUE SHARING/CURRENT OPERATIONS
Sec. 28. To the end of providing maximum flexibility for the expenditure of appropriations consistent with federal regulations governing expenditure of general shared federal revenue, the items below, which are elements of 1976-77 Current Operations Appropriations to the indicated departments as enumerated in Section 1 of this act, are to be financed from the General Revenue Sharing Trust Fund of the State.
Current Operations — Revenue Sharing
Trust: Department 1976-77
Public Schools, Direct Financial Support of Local School
Systems Programs, Support Services at the Local Level Subprogram
Pupil Transportation Element:
Operational Costs $ 37,604,881
Bus Replacement 8,805,858
Textbooks Element 4,353,865
Sec. 29. All limitations and directions of this act, of 1975 Session Laws Chapter 874, and of 1975 Session Laws Chapter 875 which are applicable to particular appropriations in this act are also applicable to elements funded from the General Revenue Sharing Trust Fund of the State which is part of the General Fund.
‑PROCEEDS OF SALE, LEASE, OR RENTAL/ STATE PROPERTY
Sec. 30. G.S. 146-30 is amended in the first sentence by placing a period after the word "Treasurer" and by deleting the remainder of the sentence.
Nothing in this section shall limit present authorization in G.S. 146-30 for the Wildlife Resources Commission's use of the net proceeds derived from the sale of land or products of land owned or under the supervision and control of the commission. Also, nothing in the section shall limit the disposition of proceeds of sale under newly enacted Section 11 of 1971 Session Laws Chapter 723 which is specifically exempt from the provisions of G.S. 146-30.
A new sentence is added at the end of G.S. 146-30 to read as follows:
"Provided, however, the net proceeds derived from the sale of land or timber from land owned by or under the supervision and control of the Department of Agriculture shall be deposited with the State Treasurer in a capital improvement account to the credit of the Department of Agriculture, to be used for such specific capital improvement projects or other purposes as are approved by the Director of the Budget and the Advisory Budget Commission."
‑PROCEEDS OF SALE/UNC PROPERTY
Sec. 31. Section 16 of 1975 Session Laws Chapter 874 is repealed. Section 11 of 1971 Session Laws Chapter 723 is repealed and replaced by the following:
"Section 11. (a) Proceeds from the sale and lease of real and personal property disposed of pursuant to this act received on or before June 30, 1977, shall be applied as follows:
(1) the first $10,000,000 of the proceeds from the sale and lease shall be paid into the General Fund of the State; and
(2) the remainder of the proceeds from the sale and lease shall be deposited with the State Treasurer to the credit of The University of North Carolina at Chapel Hill, and shall be used by said University of North Carolina at Chapel Hill for such projects and purposes as may be approved by the Board of Trustees of The University of North Carolina at Chapel Hill, by the Board of Governors of The University of North Carolina, and by the Advisory Budget Commission.
(b) Proceeds from the sale and lease of real and personal property disposed of pursuant to this act on or after July 1, 1977, shall be credited by the State Treasurer to the General Fund; provided, however, that in the event the receipt of any part of such proceeds is delayed beyond July 1, 1977, solely because of actions by any agency of the federal government other than a federal court, the disposition of that portion of the proceeds so delayed shall be as follows:
(1) if a total of ten million dollars ($10,000,000) of the proceeds from such sale and lease has not been paid into the General Fund of the State on or before June 30, 1977, as provided in subsection (a)(1), so much as may be required to bring the total to ten million dollars ($10,000,000) shall be paid into the General Fund of the State; and
(2) the remainder of the proceeds from such sale and lease shall be deposited with the State Treasurer to the credit of The University of North Carolina at Chapel Hill and shall be used as provided in subsection (a)(2).
(c) This section shall take effect despite any contrary provision of G.S. 146-30, or any other contrary provision of law."
‑PROCEEDS OF SALE/MENTAL HEALTH PROPERTY
Sec. 32. Funds currently on deposit in a capital improvement account with the State Treasurer from the sale of real property at State institutions under the Division of Mental Health, Department of Human Resources shall be transferred to the General Fund as a non-tax revenue July 1, 1976.
‑COMMUNITY MENTAL HEALTH CENTER INPATIENT SERVICES/LIMITATIONS
Sec. 33. The funds appropriated in Section 1 of this act to the Department of Human Resources include one million dollars ($1,000,000) to the Division of Mental Health Services for inpatient services in community mental health centers. These funds are to be distributed to the area mental health boards to assist in the start-up phase of new inpatient units. The funds for start-up costs are to be distributed in addition to any other State monies to community mental health centers. State funds to assist in the start-up phase of inpatient units shall be available to area boards for up to two years. After two years State funds received by area boards for inpatient units will be available only on the basis of the regular area matching formula.
To qualify for funds under this provision, area mental health boards shall submit a plan to the Department of Human Resources that details how these funds are to be expended and the procedures that will be employed to collect patient fees and various forms of third party reimbursements.
‑CHRONIC ALCOHOLICS IN WESTERN NORTH CAROLINA
Sec. 34. Of the funds appropriated to the Division of Mental Health Services for fiscal year 76-77 in Section 2 of this act sixty-seven thousand dollars ($67,000) is to be used to develop a long-term treatment program for chronic alcoholics in the Blue Ridge Mental Health Area. These funds shall be used to match federal and local monies in this program. The coordination of this program shall be carried out by the Western Regional Office of the Division of Mental Health Services, Department of Human Resources.
‑TRANSFER DESIGNATED PORTIONS OF MOREHEAD SCHOOL CAMPUS TO JUSTICE DEPARTMENT
Sec. 35. The appropriation in this act to the Department of Justice for the 1976-77 fiscal year includes one hundred eleven thousand dollars ($111,000) to provide for the expense of moving the properties and personnel of the State Bureau of Investigation from their present several locations in Raleigh into consolidated quarters in the buildings on Garner Road, Raleigh, North Carolina, which were vacated by the Governor Morehead School when its former two campuses were consolidated and merged under the provisions of 1973 Session Laws Chapter 582, into a single campus on Ashe Avenue, Raleigh, North Carolina.
The following buildings, together with the adjacent land required for their effective use for the intended purposes, of the property comprising the former Garner Road Campus of the Governor Morehead School are transferred to the Department of Justice for its use: (1) the Administration Building, including the adjoining auditorium and classrooms; (2) the gymnasium and two small adjacent buildings; the basement of the gymnasium shall be for the exclusive use of the Department of Justice, but the gymnasium itself shall be available for the common use of all agencies occupying portions of the Garner Road Campus; (3) the Tucker-Whitaker Building; (4) the Joe Jackson Building; and (5) the M. Williams Building. This transfer shall take effect notwithstanding any existing conflicting action or policy of the Department of Administration or of the Council of State, and notwithstanding any existing conflicting provision of law.
Until July 1, 1977, no State agency or department shall use the property comprising the former Garner Road Campus of the Governor Morehead School for anything other than temporary projects that will not hinder transfer, sale, or other disposition of the property by the 1977 General Assembly. In order for any State agency or department to continue any current use of the property and in order for any agency or department to initiate any new use of the property, there must be an express approval of the Advisory Budget Commission. Approval shall be conditioned on a showing that the use is temporary and that it will not interfere with any 1977 disposition.
A study of the best State use or disposition of the property shall be made by the Joint Legislative Commission on Governmental Operations in the interim between the 1975 General Assembly, Second Session 1976 and the 1977 Session of the General Assembly. The Commission shall make recommendations to the 1977 General Assembly with respect to the best possible use or disposition of the campus in the future. The Commission shall have all the powers of an interim joint legislative committee including those in Article 5A of G.S. Chapter 120, and the expenses of the members shall be paid under G.S. 120-3.1. The Commission shall report to the presiding officers on or before the convening of the 1977 General Assembly.
Sec. 36. (Text added to Sec. 35.)
‑CLOSING FOUNTAIN SCHOOL
Sec. 37. The amounts appropriated to the Department of Human Resources in Section 1 of this act reflect reductions in the amounts appropriated to the department by the 1975 Session Laws Chapter 875, and part of these reductions is represented by the elimination of funding for the Richard T. Fountain School during fiscal year 1976-77. Notwithstanding any power of the Commission of Youth Services, including the power to close institutions granted by G.S. 134-7(5), the Fountain School shall be closed by the Department of Human Resources and Commission of Youth Services as soon as possible and after July 1, 1976, no funds available to the department shall be used in the continued operation of the school unless approved by the General Assembly.
‑TRANSFER FOUNTAIN SCHOOL TO DEPARTMENT OF CORRECTION
Sec. 38. As of the effective date of this act, all property comprising the former Richard T. Fountain Reception and Diagnostic Center controlled by the Division of Youth Services is transferred to the control of the Department of Correction. The former center property shall include all land, and buildings and such equipment, supplies, and other properties on the site as are not removed by the Division of Youth Services for the division's use at other schools under its jurisdiction. The transfer shall take effect notwithstanding any then existing conflicting action or policy of the Department of Administration or Council of State, and notwithstanding any then existing conflicting provision of law.
Sec. 39. To provide for renovations and alterations at the former Fountain School property and at other properties of the Department of Correction which are necessary to provide additional accommodations for alleviation of prison over-crowding, and notwithstanding any conflicting provision of law, the Director of the Budget and the Advisory Budget Commission are authorized on their own initiative during the 1976-77 fiscal year (1) to reallocate unencumbered appropriations for capital improvements made to the Department of Correction by the General Assembly in prior years, (2) to allocate excess cash in the Prison Enterprises Fund, and (3) to direct the use of unanticipated federal funds which become available to the Department of Correction during the 1976-77 fiscal year.
‑COMMUNITY BASED PROGRAMS AND FOUNTAIN SCHOOL EMPLOYEES/YOUTH SERVICES
Sec. 40. The amounts appropriated to the Department of Human Resources in Section 1 of this act include four hundred fifty thousand dollars ($450,000) for the Division of Youth Services. Two hundred fifty thousand dollars ($250,000) of the funds for Youth Services shall be for Community Based Programs, and the remaining two hundred thousand dollars ($200,000) shall be for retention and transfer of former employees of Richard T. Fountain School after its closing on July 1, 1976.
‑YOUTH SERVICES COMMISSION/ELECT CHAIRMAN
Sec. 41. G.S. 134A-5 as it appears in the 1975 Cumulative Supplement to Volume 3B of the General Statutes is rewritten to read as follows:
"§ 134A-5. Organization and meetings of Commission. — The commission shall have a chairman and a vice-chairman who shall be elected by and from the voting membership of the commission by majority vote. The chairman and the vice-chairman shall serve at the pleasure of the commission and a majority of the voting members of the commission may call for a new election for either office. The first election of a chairman and vice-chairman shall be held as soon as possible after July 1, 1976, and the terms of the present chairman and vice-chairman shall end with the election of successors to their offices. A new election shall be held within 30 days after a majority of the voting members of the commission have called for a new election.
The commission shall meet quarterly and may hold special meetings at any time and place within the State on call of the chairman or upon written request of a majority of the voting members.
A majority of the voting members of the commission shall constitute a quorum for a meeting."
‑TEXTBOOKS TRANSFERRED FROM PUBLIC EDUCATION TO YOUTH SERVICES
Sec. 42. The State Board of Education is authorized to provide such school textbooks to the Division of Youth Services as may be required, with such costs to be absorbed by the funds appropriated for the purchase of high school and elementary textbooks, not to exceed twenty-five thousand dollars ($25,000).
‑N. C. TEACHERS' READING LAB
Sec. 43. Article 44 of Chapter 115 of the General Statutes is repealed.
From the appropriations made in Section 1 of this act to the State Board of Education for the experimental primary reading program, the board is authorized in its discretion to expend up to one hundred and fifty thousand dollars ($150,000) to provide 1976-77 support for the North Carolina Teachers' Reading Laboratory, which is an evolving program converted from what was formerly the North Carolina Advancement School. The limitations and directions of Section 58 of 1975 Session Laws Chapter 875 shall apply to this authorization.
‑UNIFORM SICK LEAVE POLICY/STATE BOARD OF EDUCATION
Sec. 44. Part of the appropriations in Section 1 of this act to the Department of Public Education is to be used to fund sick leave for public school personnel based on .83 days per month and to fund other aspects of sick leave policy set by the State Board of Education under the authority of G.S. 115-11(13) and other statutes. The State Board of Education shall adopt a uniform, statewide policy concerning sick leave.
‑RECOMMENDATION/1977 ATTENTION TO LOCAL MENTAL HEALTH STATE AID FORMULAS
Sec. 45. It is the recommendation of this General Assembly that the 1977 General Assembly and the Department of Human Resources give particular attention to the formulas for providing State aid to community mental health and mental retardation programs to the end that more State aid may be provided to those localities which have shown an extraordinary readiness to contribute to the financial support of the programs.
‑RECOMMENDATION/1977 PRIORITY TO PROVIDE TEXTBOOKS FOR OVER-ENROLLMENT
Sec. 46. It is the recommendation of this General Assembly that the 1977 General Assembly give a high priority to appropriating sufficient funds, in addition to regular formula support, to provide an adequate supply of high school textbooks for those local school units which are experiencing atypical increases in high school enrollment.
‑OFFICE FOR AGING MATCHING FUNDS
Sec. 47. The Department of Human Resources, Office for Aging, is authorized to use funds currently appropriated as State matching funds for Title VII of The Older Americans Act as State matching funds for other federal programs.
‑REIMBURSEMENT FOR SERVICES FOR THE BLIND
Sec. 48. The first paragraph of Section 13 of 1975 Session Laws Chapter 875 is amended to read as follows:
"Providers of medical services under the various State programs offering medical care to citizens of the State shall be reimbursed at the same rates as those provided under the Medicaid program, except for services for the blind under the Department of Human Resources. This provision relates specifically to the Crippled Children and Maternal and Child Health programs and the Chronic Disease Section of the Division of Health Services and services under Vocational Rehabilitation under the Department of Human Resources. Reimbursement rates for the reimbursement of providers for services for the blind under the Department of Human Resources shall be as prescribed by the Department of Human Resources."
‑MEDICARE-MEDICAID RECEIPTS
Sec. 49. The Medicare-Medicaid receipts held in Fund Account No. 18935 shall be distributed, effective July 1, 1976, as follows: one million seven hundred eighty thousand dollars ($1,780,000) shall be transferred to the North Carolina Memorial Hospital general fund operating budget; eight hundred nine thousand two hundred sixty-one dollars ($809,261) shall be transferred into the appropriate University of North Carolina Medical School Trust Fund Account; and when the remaining amount, two million two hundred twenty-four thousand four hundred ninty-nine dollars ($2,224,499), is available from completed audits, that portion deemed payable to the North Carolina Memorial Hospital shall be deposited in the appropriate hospital revenue account, and the remaining portion shall be divided between the General Fund and the Medical School Trust Fund Account in a manner which reflects the basis for the above distribution.
‑TECHNICAL INSTITUTES/SPECIAL EQUIPMENT
Sec. 50. Unexpended funds from previous years General Fund appropriations to the Department of Community Colleges for purchase of equipment for community colleges and technical institutes have accumulated in reserve accounts, and Section 1 of this act makes an additional appropriation to the department for the same equipment purchase purpose. The State Board of Education is directed, upon request and need shown, to use the funds accumulated in the reserve accounts and the newly-appropriated funds from this act for equipment for institutions as follows: eighty thousand dollars ($80,000) for Cape Fear Technical Institute, sixty thousand dollars ($60,000) for Haywood Technical Institute, and five hundred sixty-two thousand five hundred dollars ($562,500) for Wilson Technical Institute.
Cape Fear Technical Institute $ 80,000
Haywood Technical Institute 60,000
Wilson Technical Institute 562,500
‑SUSPEND NEW PERSONNEL POLICIES FOR COMMUNITY COLLEGES
Sec. 51. The effective date of the new personnel policies adopted by the State Board of Education for the Department of Community Colleges concerning annual leave, sick leave and holidays (Title 16, North Carolina Administrative Code, Section 4D.0105) is postponed from July 1, 1976, until July 1, 1977.
‑COMMUNITY COLLEGE INTERNS/FUNDING RESTORED
Sec. 52. Funds are appropriated in Section 1 of this act to the Department of Community Colleges include eighty-seven thousand, six hundred sixteen dollars ($87,616) for the Administrator Training Program to permit currently enrolled interns to continue their studies at North Carolina State University ‑ Department of Adult and Community College Education through June 30,1977.
In addition, up to thirty thousand dollars ($30,000) may be expended from the funds appropriated in Section 1 of this act for the Department of Community Colleges's 1976-77 fiscal year operating budget for these same enrolled interns.
‑COMMUNITY COLLEGES FEES
Sec. 53. The appropriations to the Department of Community Colleges in Section 1 of this act have been adjusted to reflect additional income in anticipation of actions by the State Board of Education to increase tuition and fees as follows:
Extension fee per course from $3.00 to $5.00
‑NO REDUCTION IN COMMUNITY COLLEGE ALLOCATION UNLESS ENROLLMENT DECLINES
Sec. 54. Section 23 of 1975 Session Laws Chapter 875 contains limitations and directions that apply to appropriations for the Department of Community Colleges. All of the limitations and directions of Section 23 of 1975 Session Laws Chapter 875 shall apply to appropriations in this act for the Department of Community Colleges; and, as an additional limitation, no community college or technical institute shall be funded through State Board of Education allocations in 1976-77 at less than actual 1975-76 funded level unless there was a decline in the enrollment projections of an institution to justify a reduction in the allocation of funds. The allocations of funds under this section shall not apply to funds appropriated by Chapters 910, 923, and 939 of the 1975 Session Laws.
‑EXCESS RECEIPTS IN COMMUNITY COLLEGES AND UNC NOT SUBJECT ALLOTMENT POWER OF DIRECTOR OF THE BUDGET
Sec. 55. During the 1976-77 fiscal year any net tuition and academic fee receipts realized in excess of the amounts anticipated in the academic budgets of the Department of Community Colleges and institutions of the University of North Carolina shall be made available to provide operating support for the affected academic budgets and shall not be used as the basis for reductions in appropriations.
‑AID TO PRIVATE COLLEGES/LIMITATION
Sec. 56. Section 30 of the 1975 Session Laws Chapter 875 contains limitations and directions that apply to appropriations to the Board of Governors of the University of North Carolina for aid to private colleges. All of the limitations and directions of Section 30 of 1975 Session Laws Chapter 875 shall apply to appropriations in this for aid to private colleges. As an additional limitation the funds for private colleges shall be placed in a separate, identifiable account in each eligible institution's budget/chart of accounts. All funds in this account shall be provided as scholarship funds for needy North Carolina students during the fiscal year, with any remaining funds to revert to the General Fund. Each student awarded a scholarship from this account shall be notified of the source of the funds and of the amount of the award.
‑MERGE NATIONAL DRIVING CENTER AND N. C. HIGHWAY RESEARCH CENTER
Sec. 57. The Board of Governors of The University of North Carolina is authorized to establish an Institute for Transportation Research and Education to facilitate the development of a broad program of transportation research and education involving other organizations and institutions which have related programs. The immediate purpose of the Institute shall be to create a management structure to coordinate and eventually merge the Highway Safety Programs of the National Driving Center and the North Carolina Highway Safety Research Center. The Board of Governors of The University of North Carolina is further authorized to establish a Council for Transportation Research and Education to represent all interests in transportation research and education, including but not limited to transportation safety. For these purposes, the Department of Transportation shall provide to the Board of Governors of The University of North Carolina, from the appropriation for the Governor's Highway Safety Program, up to the amount of one hundred sixty-eight thousand dollars ($168,000) for fiscal year 1976-77, and this amount will not be a recurring appropriation.
‑N. C. CENTRAL LAW BUILDING/CONTINGENT APPROPRIATION
Sec. 58. To assure insofar as possible the accreditation of the North Carolina Central University Law School, if the beginning General Fund credit balance for the 1976-77 fiscal year exceeds the amount of thirty million dollars ($30,000,000) by one million dollars ($1,000,000) or more, there is hereby appropriated to the Board of Governors of the University of North Carolina for the 1976-77 fiscal year the sum of one million dollars ($1,000,000) to supplement the present 1975-77 appropriation of two million five hundred thousand dollars ($2,500,000) for a Law School Building at North Carolina Central University. So much of this contingent appropriation of one million dollars ($1,000,000) as shall not be required to award contracts on this building shall revert to the General Fund.
Sec. 59. (Text deleted)
‑AMEND THE ADMINISTRATIVE PROCEDURES ACT AND RELATED STATUTES
Sec. 60. All amending provisions of Sections 61 through 67 of this act refer to Chapter 150A as it appears in North Carolina General Statutes 1975 Cumulative Supplement, Volume 3C.
Sec. 61. G.S. 150A-2(2) is hereby rewritten to read as follows: "Contested case" means any agency proceeding, by whatever name called, wherein the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for an ajudicatory hearing. Contested cases include, but are not limited to proceedings involving rate-making, price-fixing and licensing. Contested cases shall not be deemed to include rule making, declaratory rulings, or the award or denial of a scholarship or grant.
Sec. 62. G.S. 150A-2(4) is hereby amended by adding at the end thereof the following sentence: "'Licensing' does not include controversies over whether an examination was fair or whether the applicant passed the examination."
Sec. 63. G.S. 150A-12 is hereby amended by adding at the end thereof a new subsection (f) which reads as follows: No rule-making hearing is required for the adoption, amendment or repeal of a rule which solely describes the organization of the agency or describes forms or instructions used by an agency.
Sec. 64. G.S. 150A-14 is hereby amended by changing the words "an agency of this State or of the United States' appearing in the third and fourth lines thereof to read "any other agency of this State or any agency of the United States."
Sec. 65. G.S. 150A-23(c) is hereby amended by changing the words "registered mail" wherever they appear within that subsection to read "certified mail".
Sec. 66. G.S. 150A-27 is hereby amended by adding at the end thereof the following: "However, State officials or employees who are subpoenaed shall not be entitled to any witness fees, but they shall receive their normal salary and they shall not be required to take any annual leave for the witness days. Travel expenses of State officials or employees who are subpoenaed shall be reimbursed as provided in G.S. 138-6."
Sec. 67. G.S. 150A-36 is hereby amended by changing the word "registered" on the next to the last line thereof to "certified".
Sec. 68. G.S. 75A-16 as the same appears in the 1975 Replacement Volume 2C of the General Statutes is hereby amended by deleting from the third and fourth lines thereof the phrase "and in the Office of the Secretary of State of North Carolina."
Sec. 69. G.S. 93-12(9) as the same appears in the 1975 Replacement Volume 2C of the General Statutes is hereby amended by deleting the sentence "The rule so adopted shall be publicized and a certified copy filed in the Office of the Secretary of State of North Carolina within sixty (60) days after adoption." and substituting therefor "The rules so adopted shall be publicized and filed in the Office of the Attorney General as provided by Chapter 150A."
Sec. 70. G.S. 113-221(a) as the same appears in the 1975 Replacement Volume 3A of the General Statutes is hereby amended by deleting the words "Secretary of State" in the third line thereof and substituting therefor the words "Attorney General".
Sec. 71. G.S. 113-301 as the same appears in the 1975 Replacement Volume 3A of the General Statutes is hereby amended by changing the words "Secretary of State" in the fourth line thereof to read "Attorney General".
Sec. 72. G.S. 143-215.20 as the same appears in the 1975 Cumulative Supplement of Volume 3C of the General Statutes is hereby amended by deleting the last sentence thereof and substituting therefor "All such rules and regulations, and modifications thereof, shall be filed with the Attorney General as required by Chapter 150A of the General Statutes."
Sec. 73. All amended provisions of Sections 74 through 78 refer to Chapter 113A as it appears in North Carolina General Statutes 1975 Replacement Volume 3A.
Sec. 74. G.S. 113A-54(f) is amended by deleting the second sentence thereof and substituting therefor the following: "All such rules and regulations shall upon adoption be filed with the Attorney General as required by Chapter 150A of the General Statutes, and copies thereof shall be filed with the several clerks of court of the counties of the State." The same section is further amended by deleting the sentence "The Secretary shall codify the regulations and rules promulgated under this article and shall from time to time revise and bring up to date such codifications."
Sec. 75. G.S. 113A-107(e) is amended by deleting therefrom, in the fourth line thereof, the words "Secretary of State" and substituting therefor the words "Attorney General".
Sec. 76. G.S. 113A-107(f) is hereby amended by deleting the words "Secretary of State" on the eighth line thereof and substituting therefor the words "Attorney General".
Sec. 77. G.S. 113A-1 14(b)(5) is hereby amended by deleting the words "Secretary of State" on the eighth line thereof and substituting therefor the words "Attorney General".
Sec. 78. G.S. 113A-115(a)(4) is hereby amended by deleting the words "Secretary of State" on the fourth line thereof and substituting therefor the words "Attorney General".
Sec. 79. G.S. 115-179.1(f) as the same appears in North Carolina General Statutes 1975 Replacement Volume 3A is hereby amended by striking the last sentence thereof and substituting therefor the following: "Copies of such rules shall be filed in the Office of the Attorney General as required by Chapter 150A."
Sec. 80. G.S. 115-179.1(g) as the same appears in North Carolina General Statutes 1975 Replacement Volume 3A is hereby amended by deleting therefrom the words "Article 31, Chapter 134 of the General Statutes" and substituting therefor the words "Article 4, Chapter 150A of the General Statutes."
Sec. 81. G.S. 95-131(a) as the same appears in North Carolina General Statutes 1975 Replacement Volume 2C by deleting the words "Secretary of State" on the sixteenth line thereof and substituting therefor the words "Attorney General".
Sec. 82. G.S. 143-2 15.97(b) as the same appears in North Carolina General Statutes 1974 Replacement Volume 3C is hereby amended by deleting the words "Secretary of State as required by Article 18 of Chapter 143 of the General Statutes" appearing on the fourth and fifth lines thereof, and substituting therefor the words "Attorney General as required by Chapter 150A of the General Statutes."
Sec. 83. G.S. 143-224(c) as the same appears in the North Carolina General Statutes 1974 Replacement Volume 3C is hereby amended by deleting the words "Office of the Secretary of State of North Carolina" appearing in the eighth and ninth lines thereof and substituting therefor the words "Office of the Attorney General of North Carolina."
Sec. 84. G.S. 143-463(e) as the same appears in North Carolina General Statutes 1974 Replacement Volume 3C is hereby amended by deleting the words "Secretary of State" appearing on the sixth line thereof and substituting therefor the words "Attorney General". G.S. 143-463(e) is further amended by striking the last sentence in its entirety.
Sec. 85. G.S. 122-16.1(b) as the same appears in North Carolina General Statutes 1974 Replacement Volume 3B is hereby amended by deleting the words "Office of the Secretary of State of North Carolina" appearing on the sixteenth and seventeenth lines thereof and substituting therefor the words "Office of the Attorney General as required by Chapter 150A of the General Statutes."
‑DRIVER TRAINING SPECIAL FUND
Sec. 86. Funds appropriated by Section 1 of this act to the State Board of Education, Department of Public Education, may be advanced to the special fund for Driver Training and Safety Education in accordance with Executive Budget Act procedure during the fiscal year 1976-77. However, when receipts from the sale of driver licenses which go into this special fund are sufficient to operate the Driver Training and Safety Education Program in the fiscal year 1976-77, any funds advanced to the special fund from the Department of Public Education shall be repaid from the special fund license receipts. Repayment shall be made during the fiscal year 1976-77.
‑SHELTERED WORKSHOPS
Sec. 87. Funds of nine hundred ninety-nine thousand five hundred fifty-one dollars ($999,551) appropriated in 1975 Session Laws Chapter 875 and 1975 Session Laws Chapter 932 for fiscal year 1976-77 to the Division of Mental Health Services, Department of Human Resources shall be expended as follows: Seven hundred seventy thousand eight hundred sixty-eight dollars ($770,868) for services in sheltered workshops and two hundred twenty-eight thousand six hundred eighty-three dollars ($228,683) for non-sheltered workshop adult developmental activity programs.
‑PRE-KINDERGARTEN SCREENING
Sec. 88. In order to enhance the delivery of service in the pre-kindergarten screening program, the Department of Human Resources and the State Department of Public Instruction shall develop and enter into a cooperative agreement that delineates the responsibilities of each agency for this program. The agreement shall include definitions of screening services to be provided by the Department of Human Resources; the methods and procedures to be used by the Department of Human Resources to transmit the findings, with approval of the parent or guardian, to a local education agency or to other private child-serving agencies.
This agreement shall also include procedures and methods to be used by the Department of Human Resources and the State Department of Public Instruction to provide intervention services to the children identified as in need of services as a result of the initial screening processes. In order to ensure legislative oversight, this agreement shall be reviewed prior to completion by the Legislative Commission on Children with Special Needs. Copies of this agreement shall be filed in the offices of the Speaker of the House and Lieutenant Governor no later than February 1, 1977.
‑KINDERGARTEN CLASS SIZE
Sec. 89. Funds are appropriated to the State Board of Education in Section 1 of this act for full implementation of the State's kindergarten program. The board is directed to authorize the enrollment of a maximum of 28 students in average daily membership per kindergarten class, and the board may permit temporary deviations from the maximum under the same rules and regulations provided by class size legislation for grades one through twelve.
It is the intent of this General Assembly that within two years, or by the fall of 1978, that the maximum number of students will be reduced back to 26 students per class. In this two-year interim, the State Board of Education and Superintendent of Public Instruction shall take every action necessary to assure that the kindergarten program is not in any manner impaired.
Sec. 90. (Text deleted)
‑BOARD OF GOVERNORS/OVER-ENROLLMENT
Sec. 91. There is appropriated to the Board of Governors of The University of North Carolina in Section 1 of this act, in addition to the appropriations made for the 1976-77 fiscal year by the General Assembly in 1975, the sum of four million three hundred twenty-five thousand dollars ($4,325,000), which is to be a part of the 1976-77 "lump sum" appropriation to the board to aid in accommodating the anticipated over-enrollment in the system in the coming school year. The provisions of G.S. 116-11(9)(c) are reenacted and shall apply to this section as follows: The Advisory Budget Commission may, on recommendation of the board, authorize transfer of appropriated funds from one institution to another to provide adjustments for over-enrollment or under-enrollment or make any other adjustments among institutions that would provide for the orderly and efficient operation of the educational programs to serve students in the institutions.
‑TRANSPORTATION PERSONNEL OFFICERS
Sec. 92. The amounts appropriated to the Department of Transportation in Section 2 of this act reflect reductions in the amounts appropriated to the department by 1975 Session Laws Chapter 875, and part of the reductions is represented by the elimination of 1976-77 fiscal year funding for the positions of Regional Personnel Officer and Division Personnel Officer in the department. During the 1976-77 fiscal year no funds available to the Department of Transportation shall be used to support a position of Regional Personnel Officer or Division Personnel Officer or a position with substantially the same job description or duties. No present employee with career status as defined in the State Personnel act, G.S. 126-5(e), may be demoted, transferred or dismissed in order to retain a person who held one of the eliminated Personnel Officer positions. A new section is added to G.S. Chapter 136, to read as follows:
"§136-14.2 Division Engineer manage personnel. — Except for general departmental policy applicable to all of the State the division engineer shall have authority over all divisional personnel matters and over department employees in his division making personnel decisions."
‑INCREASE PAY FOR CONTRACT VENDORS SELLING LICENSE PLATES
Sec. 93. G.S. 20-63(h) authorizes and directs the Division of Motor Vehicles insofar as practicable to enter into commission contracts with persons, firms, etc., in localities throughout North Carolina to issue registration plates, registration certificates and certificates of title at a rate per registration plate as may be set by the General Assembly. The commission contract rate for fiscal year 1976-77 shall be forty cents (40¢) per registration plate, and the rate shall remain the same until changed by the General Assembly.
‑STATE PERSONNEL STUDY LAW ENFORCEMENT CLASSIFICATION
Sec. 94. The Office of State Personnel is hereby directed to make a study of the salaries of all classifications of law enforcement officers of the State and, to make recommendations to the 1977 General Assembly such actions as may be in the best interest of the State to bring the salaries among the various classifications into an equitable relationship.
‑PRISON ENTERPRISES FUNDS TO GENERAL FUND
Sec. 95. Funds in the amount of one million two hundred fifty thousand dollars ($1,250,000) currently in the prison enterprises fund shall be transferred to the General Fund as a nontax revenue July 1, 1976.
‑CHAPLAINS FOR DEPARTMENT OF CORRECTION
Sec. 95.1. The Secretary of the Department of Correction is authorized and directed to utilize vacant positions in the Department of Correction to establish five additional chaplain positions in fiscal year 1976-77.
‑RESERVE FUND/FOOD & CLOTHING FOR CORRECTIONS
Sec. 96. Five hundred thousand dollars ($500,000) of the appropriation in Section 1 of this act to the Department of Correction for food, clothing and janitorial supplies in the fiscal year 1976-77 shall be placed in a reserve in that department and may be transferred from that reserve for only those purposes.
‑REVERT CAPITAL IMPROVEMENTS/CORRECTIONS CONFINEMENT FACILITI
Sec. 97. Unallocated funds appropriated in Chapter 874 of the 1975 Session Laws to the Department of Correction for Replacement of Confinement Facilities shall revert to the General Fund on July 1, 1976.
‑REVERT CAPITAL IMPROVEMENTS/CORRECTIONS WATER AND SEWER
Sec. 98. Unexpended funds of ninety-seven thousand dollars ($97,000) appropriated in Chapter 1202 of the 1973 Session Laws to the Department of Correction for sewage and water connections shall revert to the General Fund on July 1, 1976.
‑REVERT CAPITAL IMPROVEMENTS/ JACKSON SCHOOL
Sec. 99. Unexpended funds appropriated in Chapter 523 of the 1973 Session Laws to Stonewall Jackson School for two cottages for 50 students each shall revert to the General Fund on July 1, 1976.
‑REVERT CAPITAL IMPROVEMENT/YOUTH SERVICES
Sec. 100. Unexpended funds of one million seven hundred forty-one thousand seven hundred forty-five dollars ($1,741,745) appropriated in 1973 Session Laws Chapter 1202 to the Department of Social Rehabilitation and Control, Office of Youth Services for capital improvement projects shall revert to the General Fund on July 1, 1976.
‑REVERT CAPITAL IMPROVEMENTS/SAMARKAND MANOR
Sec. 101. Unexpended funds appropriated in Chapter 523 of the 1973 Session Laws to Samarkand Manor School for renovation of cottages shall revert to the General Fund on July 1, 1976.
‑NORTH CAROLINA A&T STADIUM AND UNC CHARLOTTE DORM & PARKING/SELF-LIQUIDATING
Sec. 102. New subdivisions are added to Section 2 of 1975 Session Laws Chapter 725 as follows:
Add a new subdivision d. to subsection 4, North Carolina Agricultural and Technical State University, to read:
"d. Athletic Stadium 1,800,000"
Designate existing item "Outdoor Physical Education and Playing Fields" in subsection 8, The University of North Carolina at Charlotte, as subdivision a., and add new subdivisions. b. and c. to read:
"b. Construction of 250-student Dormitory 1,750,000
c. Construction of parking facilities for 400 cars 720,000"
‑DOROTHEA DIX HOSPITAL/NEW MALE WING PLANNING
Sec. 103. The Department of Human Resources has found it impractical to renovate the male wing at Dorothea Dix Hospital for which planning funds of one hundred thousand dollars ($100,000) were appropriated in 1975-76. The department is authorized to use the unexpended balance of that appropriation for planning a new facility to replace the existing male wing.
‑1975 SPECIAL BILL/HUMAN TISSUE DONATIONS
Sec. 104. Section 2 of 1975 Session Laws Chapter 974 is repealed, and thirty-five thousand dollars ($35,000) is appropriated in Section 1 of this act from the General Fund to the Department of Human Resources for the Coordinated Human Tissue Donation Program during fiscal year 1976-77.
‑1975 SPECIAL BILL/RECYCLING ADVISORY COUNCIL
Sec. 105. Section 2 of 1975 Session Laws Chapter 972 is repealed, and five thousand dollars ($5,000) is appropriated in Section 1 of this act from the General Fund to the Department of Human Resources for support of the Advisory Council on Solid Waste Recycling, Resource Recovery, and Litter Control during fiscal year 1976-77.
‑1975 SPECIAL BILL/NATIONAL GUARD TUITION ASSISTANCE
Sec. 106. Section 8 of 1975 Session Laws Chapter 917 is repealed, and one hundred fifty-six thousand dollars ($156,000) is appropriated in Section 1 of this act from the General Fund to the Department of Military and Veterans Affairs for the purposes of 1975 Session Laws Chapter 917 during fiscal year 1976-77.
‑1975 SPECIAL BILL/ WESTERN CAROLINA CENTER
Sec. 107. 1975 Session Laws Chapter 969 is repealed.
‑1975 SPECIAL BILL/BOARD OF EDUCATION PLANT OPERATION
Sec. 108. Chapter 941 of the 1975 Session Laws is amended by striking the last sentence of Section 1 and by substituting in lieu thereof the following:
"The one million six hundred thousand dollars ($1,600,000) appropriated herein for the fiscal year 1975-76 shall be allotted to local boards of education by the State Board of Education. Of this amount, one million five hundred seventy thousand dollars ($1,570,000) is for water, light, power and maintenance salaries, and thirty thousand dollars ($30,000) is appropriated to provide support for one position of Consulting Engineer and supporting expenses in the State Board of Education, Division of Plant Operation."
‑1975 SPECIAL BILL/INDIAN AFFAIRS COMMISSION
Sec. 109. Funds appropriated in Section 1 of this act to the Department of Administration include twenty thousand dollars ($20,000) during fiscal year 1976-77 for the use of the North Carolina Commission of Indian Affairs.
‑1975 SPECIAL BILL/SHELTERED WORKSHOPS
Sec. 109.1. Section 1 of the 1975 Session Laws, Chapter 932, is amended by deleting the last sentence and by substituting in lieu thereof the following:
"However, the monthly support per person shall not exceed a maximum of one hundred forty dollars ($140.00).
‑SPECIAL BILL/AGRICULTURAL EXTENSION SWINE SPECIALISTS
Sec. 110. There is included in the appropriations in Section 1 of this act, thirty-five thousand dollars ($35,000) from the General Fund to the North Carolina State University ‑ Agricultural Extension Service for Agriculture Extension Swine Specialists. These funds are to be used to continue provisions of Chapter 949 of the 1975 Session Laws to provide an agricultural extension area service specialist in southeastern North Carolina during 1976-77.
‑1975 SPECIAL BILL/ JUDICIAL SECRETARIES AND INVESTIGATIONAL ASSISTANTS
Sec. 111. Section 19 of 1975 Session Laws Chapter 956 is repealed, and one million seven hundred sixty-two thousand five hundred sixty-four dollars ($1,762,564) is appropriated in Section 1 of this act from the General Fund to the Administrative Office of the Courts to carry out the provisions of 1975 Session Laws Chapter 956 during fiscal year 1976-77.
‑1975 SPECIAL BILL/LAND RECORDS INFORMATION SYSTEM
Sec. 112. The one hundred fifty thousand dollars ($150,000) appropriated to the Department of Administration in 1975 Session Laws Chapter 884 shall be expended by the department as follows:
Land records system project currently
under way in Forsyth County $125,000
Study of Land Records Information Systems
by the Legislative Research Commission 25,000
‑HUMAN RELATIONS/REDUCE CENTRAL STAFF
Sec. 112.1. The amount appropriated to the Department of Administration in Section 1 of this act reflects in part a reduction of one hundred fifty thousand dollars ($150,000) in the amount appropriated by 1975 Session Laws Chapter 875 to the department and represents a reduction in the size of the central staff of the Human Relations Commission.
Sec. 112.2. No field representative position of the Human Relations Commission shall be eliminated before the reduction in non-field positions located in Raleigh as a result of this reduced appropriation. No present field representative may be demoted, transferred or dismissed in order to retain a person who held a position which is eliminated from the central Raleigh staff of the commission. This provision does not apply to the commission's director and one secretary.
Sec. 112.3. The Fiscal Research Division is directed to make an interim study of the Human Relations Commission and report to the 1977 General Assembly its findings as to the effectiveness of the program.
‑NEW DEPUTY CLERKS OF COURT
Sec. 113. In addition to the appropriation in Section 1 of this act and contingent on a change in court costs, one million six hundred forty-eight thousand six hundred seventy dollars ($1,648,670) is appropriated from the General Fund to the Judicial Department to provide for 155 new deputy clerks of court, related cost, and equipment. This section shall not become effective unless 1976 legislation is enacted to increase court costs (Article 28 of G.S. Chapter 7A).
The new positions shall be allocated to the clerks of the Superior Courts in the numbers and to the counties as follows:
Alamance 2 Franklin 1 Onslow 3
Alexander 1 Gaston 3 Orange 2
Anson 1 Gates 1 Pamlico 1
Ashe 1 Graham 1 Pasquotank 1
Avery 1 Granville 1 Pender 1
Beaufort 1 Greene 1 Perquimans 1
Bertie 1 Guilford 4 Person 1
Bladen 2 Halifax 2 Pitt 3
Brunswick 1 Harnett 1 Polk 1
Buncombe 3 Haywood 2 Randolph 2
Burke 2 Henderson 1 Richmond 1
Cabarrus 2 Hertford 1 Robeson 3
Caldwell 2 Hoke 1 Rockingham 2
Camden 1 Hyde 1 Rowan 2
Carteret 2 Iredell 2 Rutherford 1
Caswell 1 Jackson 1 Sampson 2
Catawba 3 Johnston 2 Scotland 1
Chatham 1 Jones 1 Stanly 2
Cherokee 1 Lee 1 Stokes 1
Chowan 1 Lenoir 2 Surry 2
Cleveland 2 Lincoln 1 Transylvania 1
Columbus 2 Macon 1 Tyrrell 1
Craven 2 Madison 1 Union 2
Cumberland 3 Martin 1 Vance 1
Currituck 1 McDowell 1 Wake 4
Dare 1 Mecklenburg 4 Warren 1
Davidson 2 Mitchell 1 Washington 1
Davie 1 Montgomery 1 Watauga 2
Duplin 1 Moore 1 Wayne 3
Durham 3 Nash 2 Wilkes 2
Edgecombe 2 New Hanover 2 Wilson 2
Forsyth 4 Northhampton 1 Yadkin 1
‑ADDITIONAL ASSISTANT DISTRICT ATTORNEYS FOR 4TH, 9TH AND 30TH DISTRICTS
Sec. 114. The amounts appropriated to the Judicial Department in Section 1 of this act include funds for additional assistant district attorneys in the 4th, 9th and 30th judicial districts.
G.S. 7A-41 as it appears in the 1975 Cumulative Supplement to General Statutes Volume 1B is amended, in the table, by raising by one the number of authorized assistant district attorneys in the indicated districts. The new figures for the table shall be as follows:
"Judicial District Number of Full-time Assistant District Attorneys
4 5
9 3
30 3"
‑DISTRIBUTION OF COPIES OF SESSION LAWS AND OTHER STATE PUBLICATIONS
Sec. 115. G.S. 147-45 is hereby amended, in the distribution table, as follows:
Delete the figures "5, 5, 5" from line 26, under the heading "Schools and Hospitals", entitled "North Carolina Central University" and substitute in lieu thereof the figures "5, 5, 17".
Insert under the heading "Schools and Hospitals", immediately following the line beginning with the words "Atlantic Christian College", a new line to read as follows:
"Campbell College 5,5,17".
Sec. 116. In addition to the Appellate Division Reports heretofore published and distributed to North Carolina Central University pursuant to G.S. 147-45, 12 complete sets of the Appellate Division Reports heretofore published, insofar as the same are available and without necessitating reprinting, shall be furnished to North Carolina Central University. Five complete sets of the Public Laws, the Public-Local and Private Laws, and the Senate and House Journals heretofore published, and 17 complete sets of the Appellate Division Reports heretofore published, insofar as the same are available and without necessitating reprinting, shall be furnished to Campbell College.
‑COMMUNITY COLLEGES/NEW PROGRAM OF NURSING EDUCATION
Sec. 117. There is included in the appropriations in Section 1 of this act from the General Fund to the Department of Community Colleges fifty thousand dollars ($50,000) to be used for a new program of nursing education.
‑DETENTION FACILITY FUNDS TO HUMAN RESOURCES
Sec. 118. Chapter 931 of the 1975 Session Laws appropriating one hundred fifty thousand dollars ($150,000) to the Department of Administration during fiscal year 1976-77 for construction of a model detention facility is amended by striking "Department of Administration" and inserting in lieu thereof "Department of Human Resources, Division of Youth Services".
‑ELIMINATE CHIEF DEPUTY SECRETARY IN ADMINISTRATION, COMMERCE, N&ER, MILITARY AND VETERANS AFFAIRS, AND DOT
Sec. 119. The amounts appropriated to the Department of Administration, the Department of Commerce, the Department of Natural and Economic Resources, the Department of Military and Veterans Affairs and the Department of Transportation in Section 1 and Section 2 of this act reflect reductions in the amounts appropriated to those departments by 1975 Session Laws Chapter 875, and part of these reductions is represented by the elimination of 1976-77 fiscal year funding for the position of chief deputy or chief assistant secretary in each department. During the 1976-77 fiscal year: (1) No funds available to the Department of Administration, the Department of Commerce, the Department of Natural and Economic Resources, the Department of Military and Veterans Affairs or the Department of Transportation shall be used to support a position of chief deputy or chief assistant secretary or a position with substantially the same job description or duties, and (2) No additional deputy or assistant secretary position shall be created by any of the departments. This section shall become effective notwithstanding any contrary provision of G.S. 143A-8, G.S. 143A-9, G.S. 143B-9, G.S. 143B-10, or G.S. 143B-12, or any other contrary provision of law. No present employee with career status as defined by the State Personnel Act, G.S. 126-5(e), may be demoted, transferred, or dismissed in any of these departments in order to provide a position for a deputy secretary removed under this section.
‑PUBLIC RELATIONS
Sec. 120. The appropriations in this act for the fiscal year 1976-77 reflect reductions in some State public relations programs used in whole or in part to publicize State agencies or officials. During the fiscal year 1976-77, no State agency shall transfer any funds or position from any other source to be used in any public relations program of this type.
‑RENOVATIONS/STATE BUILDINGS
Sec. 121. Expenditures of one thousand dollars ($1,000) or more per complete project from funds appropriated in Chapter 874 of the 1975 Session Laws for the Governmental Center and in Chapter 875 of the 1975 Session Laws for alterations and renovations of State office buildings shall require the prior approval of the Advisory Budget Commission, except that the commission may delegate the authority for this approval to the State Budget Office for projects costing one thousand dollars ($1,000) or more but less than an amount to be stipulated by the commission.
‑PAY FOR GOODS AND SERVICES DURING FISCAL YEAR ORDERED
Sec. 122. Each State department, institution, or agency shall make every reasonable effort to assure that purchase orders will be limited to goods necessary to operate in the fiscal year in which the appropriation for such purchase is authorized. Each State department, institution, or agency shall furnish the State Auditor and Department of Administration, by July 31 of each year, a statement of all obligations outstanding at the end of the previous fiscal year.
‑GOVERNMENT OPERATIONS COMMISSION CHECK APPROPRIATIONS INTENT
Sec. 123. The Joint Legislative Commission on State Government Operations (Article 13 of G.S. Chapter 120) is hereby authorized to use its authority to insure that the intent of the General Assembly is carried out in the execution of the appropriations made for the 1976-77 fiscal year.
‑BUDGET TRANSFERS
Sec. 124. A new section is added to the General Statutes to read as follows:
"§ 143-34.5. Budget transfers. — Every State department, institution, and agency shall provide to the Chairman of the Legislative Commission on Governmental Operations a copy of every approved budget transfer which permits the expenditure of funds for a purpose for which the General Assembly made no appropriation."
‑REVISE BENEFITS/LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT
Sec. 125. G.S. 128-21(5), as it appears in 1974 Replacement Volume 3B of the General Statutes, is hereby amended by striking out the word "five" in line 2 and inserting in lieu thereof the word "four".
Sec. 126. The first four lines of G.S. 128-27(b4), as it appears in 1974 Replacement Volume 3B of the General Statutes, are rewritten to read as follows:
"(b4) Service Retirement Allowances of Members Retiring on or after July 1, 1973, but prior to July 1, 1976. — Upon retirement from service, in accordance with subsection (a) above, on or after July 1, 1973, but prior to July 1, 1976, a member shall receive a service retirement allowance computed as follows:"
Sec. 127. G.S. 128-27, as it appears in 1974 Replacement Volume 3B of the General Statutes, is further amended by the addition of a new subsection immediately after (b4) reading as follows:
"(b5) Service Retirement Allowances of Members Retiring on or after July 1, 1976 ‑ Upon retirement from service, in accordance with subsection (a) above, on or after July 1, 1976, a member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday, regardless of his years of creditable service, or after the completion of 30 years of creditable service, such allowance shall be equal to one and one-half percent (1 1/2%) of his average final compensation, multiplied by the number of years of his creditable service.
(2a) If the member's service retirement date occurs on or after his sixtieth birthday but before his sixty-fifth birthday and prior to his completion of 30 or more years of service, his service retirement allowance shall be computed as in (1) above, but shall be reduced by one quarter of one percent (1/4 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(2b) If the member's service retirement date occurs before his sixtieth birthday and prior to his completion of 30 or more years of creditable service, his service retirement allowance shall be the actuarial equivalent of the allowance payable at the age of 60 years as computed in (2a) above.
(3) Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1965, and uniformed policemen or firemen not covered under the Social Security Act employed thereafter, shall receive not less than the benefits provided by G.S. 128-27(b)."
Sec. 128. G.S. 128-27(t), as it appears in the 1975 Supplement to Volume 3B of the General Statutes, is amended by striking out the date "June 30, 1963" in line 6 and inserting in lieu thereof the date "June 30, 1965".
Sec. 129. G.S. 128-30(b)(1), as the same appears in the 1974 Replacement Volume of the General Statutes, is hereby amended by inserting after the comma and before the word "the" in line 13 of the second paragraph the following: "and ending June 30, 1976,".
Sec. 130. G.S. 128-30(b)(1), as it appears in 1974 Replacement Volume 3B of the General Statutes, is further amended by adding a new paragraph at the end to read as follows:
"Notwithstanding the foregoing, effective July 1, 1976, with respect to compensation paid on and after July 1, 1976, the rate of such deductions shall be six percentum (6%) of the compensation received by any member. Such rates shall apply uniformly to all members of the retirement system, irrespective of class."
‑FOREIGN-TRADE ZONES
Sec. 131. From the appropriations made in this act to the Department of Natural and Economic Resources for the 1976-77 fiscal year, the department is authorized to expend the sum of twenty-five thousand dollars ($25,000) for the purpose of enabling the department to coordinate a program for the establishment, operation, and maintenance of foreign trade zones as provided hereinafter.
Sec. 132. The General Statutes of North Carolina are amended by adding a new Chapter 55C to read as follows:
"CHAPTER 55C. FOREIGN TRADE ZONES.
"§ 55C-1. Public corporations authorized to apply for privilege of establishing a foreign trade zone. — Any public corporation of the State of North Carolina, as that term is hereinafter defined is hereby authorized to make application for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with an act of Congress approved June 18, 1934, entitled, 'AN ACT TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF FOREIGN TRADE ZONES IN PORTS OF ENTRY OF THE UNITED STATES,' to expedite and encourage foreign commerce, and for other purposes.
"§ 55C-2. Public corporation defined. — The term 'public corporation' for the purposes of this Chapter, means the State of North Carolina or any political subdivision thereof, or any public agency of this State or any political subdivision thereof, or any public board, bureau, commission or authority created by the General Assembly.
"§55C-3. Private corporations authorized to apply for privilege of establishing a foreign trade zone. — Any private corporation hereafter organized under the laws of this State for the specific purpose of establishing, operating and maintaining a foreign trade zone in accordance with the Act of Congress referred to in G.S. 55C-1 is likewise authorized to make application for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with the said Act of Congress.
"§ 55C-4. Public or private corporation establishing foreign trade zone to be governed by federal law. — Any public or private corporation authorized by this Chapter to make application for the privilege of establishing, operating, and maintaining said foreign trade zone, whose application is granted pursuant to the terms of the aforementioned Act of Congress is hereby authorized to establish such foreign trade zone and to operate and maintain the same subject to the conditions and restrictions of the said Act of Congress and any amendments thereto, and under such rules and regulations and for the period of time that may be prescribed by the board established by said Act of Congress to carry out the provisions of such Act. Any other provision of law notwithstanding, property which is located in a foreign trade zone established pursuant to this chapter shall be subject to ad valorem taxes.
‑CHANGE VENUE FOR SOME DISTRICT COURT HEARINGS
Sec. 133. Article 5A of Chapter 122 of the General Statutes is amended by adding a new section thereto following G.S. 122-58.7 to be numbered and to read as follows:
"§ 122-58.7A. Venue of district court hearing when respondent held at regional facility pending hearing. — (a) In all cases where the respondent is held at a regional mental health facility pending the district court hearing as provided in G.S. 122-58.6, unless the respondent through counsel objects to the venue, the hearing required by G.S. 122-58.7 shall be held in the county in which the facility is located.
(b) An official of the facility shall immediately notify the clerk of superior court of the county in which the facility is located of a determination to hold the respondent pending hearing. That clerk shall request transmittal of all documents pertinent to the proceedings from the clerk of superior court with whom the proceedings were initiated. The requesting clerk shall assume all duties set forth in G.S. 122-58.5. The requesting clerk shall appoint as counsel for indigent respondents the counsel provided for in G.S. 122-58.12."
‑ECONOMIZE IN CRIMINAL PROCEDURE/REMOVE UNJUSTIFIED PAPERWORK IN THE ADMINISTRATION OF CRIMINAL PROCEDURE
Sec. 134. G.S. 15A-131(f) is amended to read as follows:
"(f) For the purposes of this Article, pretrial proceedings are proceedings occurring after the initial appearance before the magistrate and prior to arraignment."
Sec. 135. G.S. 15A-141(3) is amended by deleting the following words:
", or entering oral notice thereof in open court at the time of his initial appearance".
Sec. 136. G.S. 15A-301(a)(1) is amended to read as follows:
"(1) A record of each criminal process issued in the trial division of the General Court of Justice must be maintained in the office of the clerk."
Sec. 137. G.S. 15A-301(d)(4) is amended by adding at the end thereof the following sentence:
"If the process is a criminal summons, he may reissue it only upon endorsement of a new designated time and date of appearance."
Sec. 138. G.S. 15A-303(d) is amended by adding at the end thereof the following sentence :
"Except for cause noted in the criminal summons by the issuing official, an appearance date may not be set more than one month following the issuance or reissuance of the criminal summons."
Sec. 139. G.S. 15A-601(c) is amended by deleting the last two sentences and substituting in lieu thereof the following sentence:
"This subsection does not apply to a defendant whose first appearance before a district court judge has been set in a criminal summons pursuant to G.S. 15A-303(d)."
Sec. 140. G.S. 15A-601 is amended by adding a new subsection (d) to read as follows:
"(d) Upon motion of the defendant, the first appearance before a district court judge may be continued to a time certain. The defendant may not waive the holding of the first appearance before a district court judge but he need not appear personally if he is represented by counsel at the proceeding."
Sec. 141. G.S. 15A-511(a) is amended by adding a new subdivision (3) to read as follows:
"(3) If the defendant brought before a magistrate is so unruly as to disrupt and impede the proceedings, becomes unconscious, is grossly intoxicated, or is otherwise unable to understand the procedural rights afforded him by the initial appearance, upon order of the magistrate he may be confined or otherwise secured. If this is done, the magistrate's order must provide for an initial appearance within a reasonable time so as to make certain that the defendant has an opportunity to exercise his rights under this Chapter."
Sec. 142. G.S. 15A-521(c) is amended by deleting subdivision (4).
Sec. 143. G.S. 15A-630 is rewritten to read as follows:
"§ 15A-630. Notice to defendant of true bill of indictment. — Upon the return of a bill of indictment as a true bill the presiding judge must immediately cause notice of the indictment to be mailed or otherwise given to the defendant unless he is then represented by counsel of record. The notice must inform the defendant of the time limitations upon his right to discovery under Article 48 of this Chapter, Discovery in the Superior Court, and a copy of the indictment must be attached to the notice. If the judge directs that the indictment be sealed as provided in G.S. 15A-623(f), he may defer the giving of notice under this section for a reasonable length of time."
Sec. 144. G.S. 15A-1026 is amended by deleting at the end of the first sentence the word "transcribed" and inserting in lieu of it the word "preserved".
‑STATE PORTS AUTHORITY/CONSTRUCT NEW TURNING BASIN AT MOREHEAD
Sec. 145. (Text deleted)
Sec. 146. The Governor and Advisory Budget Commission are authorized to establish a new dredging project to construct a ship turning basin at the Morehead City Port Terminal, if requested by the State Ports Authority, from existing available funds.
‑LINE ITEMS IN THE RECOMMENDED 1977-79 BUDGET
Sec. 147. Except as otherwise provided in G.S. Chapters 115, 115A, and 116, the recommended budget for the 1977-79 biennium submitted by the Director of the Budget to the 1977 General Assembly shall be itemized to show by line item for each purpose, program, or subdivision thereof, the amount for salaries and fringe benefits; each reserve; each transfer; each appropriation which is budgeted for purchase of goods or services from another State budget code; each appropriation for State aid or State grants; supplies and equipment; consultant and contractual services; data processing and computer services; and any other line items of expenditure that may be required by the director, as well as the estimated amounts for all budgeted receipts related to each purpose, program, or subdivision thereof, itemized to indicate the character and source of each category of such receipts. The budget shall be accompanied by an itemized schedule of the additional positions recommended.
‑RETAIN 1975 APPROPRIATIONS LIMITATIONS AND DIRECTIONS
Sec. 148. Except for the matters repealed by this act, the provisions of 1975 Session Laws Chapter 875, and the provisions of 1975 Session Laws Chapter 874, shall remain in effect.
Sec. 149. Notwithstanding any modifications by this act in the amounts appropriated, except where repealed, the limitations and directions in 1975 Session Laws Chapter 875 and 874 that applied to 1976-77 appropriations to particular agencies or for particular purposes shall apply to the newly enacted appropriations of this Act to those same particular agencies and for those same particular purposes.
‑EFFECTIVE DATES
Sec. 150. Sections 60 through 85 of this act that relate to amendment of the Administrative Procedure Act, G.S. Chapter 150A and related G.S. sections, shall become effective upon ratification. These sections are under the heading "‑AMEND THE ADMINISTRATIVE PROCEDURES ACT AND RELATED STATUTES."
Sec. 151. (Text deleted)
Sec. 152. All other provisions of this act shall become effective July 1, 1976.
In the General Assembly read three times and ratified, this the 14th day of May, 1976.