GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	4 

SENATE BILL 1427
Appropriations Committee Substitute Adopted 7/13/90
Third Edition Engrossed 7/13/90
House Committee Substitute Favorable 7/27/90

Short Title:  Capital Appropriations/1990-91.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

May 30, 1990

A BILL TO BE ENTITLED
AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE.
The General Assembly of North Carolina enacts:

Requested by:	Representative Diamont, Senator Royall
––-TITLE OF ACT
Section 1. This act shall be known as the "Capital Improvement Appropriations Act of 1990."
*****
An outline of the provisions of the act follows this section.  The outline shows the heading "––-CONTENTS/INDEX––-”and it lists by general category the descriptive captions for the various sections and groups of sections that make up the act.
––-CONTENTS/INDEX––-
(This outline is designed for reference only, and the outline and the corresponding entries throughout the act in no way limit, define, or prescribe the scope or application of the text of the act.)

––-TITLE OF ACT 	1
PART I.––-GENERAL FUND APPROPRIATIONS 	3
––-CAPITAL IMPROVEMENTS/AMOUNTS DELAYED OR REVERTED 	3
––-ADDITIONAL APPROPRIATIONS FOR CAPITAL PROJECTS 	8
––-NONRECURRING OPERATING APPROPRIATIONS 	9
––-NONRECURRING STATE AID APPROPRIATIONS 	10
––-CURRENT OPERATIONS/RECURRING EXPENSES 	10
PART II.––-HIGHWAY FUND 	11
––-CAPITAL IMPROVEMENTS 	11
PART III.––-GENERAL PROVISIONS 	12
––-PROJECTS ON DELAYED STATUS 	12
––-SEQUESTRATION OF FUNDS/NON-STATE AGENCIES 	12
––-REVERSION OF CLEAN WATER REVOLVING LOAN/GRANT PROGRAM 	12
––-REVERSION/REMAINDER $120 MILLION WATER AND SEWER
	FUNDS 	12
––-REPAIR AND RENOVATION PROJECTS 	12
––-SBI LABORATORY PRIORITY 	13
PART IV.––-GENERAL GOVERNMENT 	13
––-INDIAN CULTURAL CENTER 	13
––-COMPETITIVE SINGLE-PRIME BIDS 	13
––-VETERANS HOME STUDY COMMISSION 	14
PART V.––-SALARIES AND BENEFITS 	15
––-LEO RETIREES/STATE HEALTH PLAN 	15
––-SHERIFFS' SUPPLEMENTAL PENSION FUND 	15
PART VI.––-EDUCATION 	17
––-UNC ENGINEERING GRADUATE RESEARCH CENTER FUNDS 	17
––-RESIDENTIAL SUMMER PROGRAMS FUNDS 	17
––-SCHOOL ADMINISTRATOR SALARY SCHEDULE 	17
––-YEAR-ROUND EDUCATION 	18
––-PUBLIC SCHOOL TESTING FUNDS 	18
PART VII.––-HUMAN RESOURCES 	18
––-PRESCRIPTION DRUG REIMBURSEMENT CHANGE 	18
––-AREA MENTAL HEALTH PILOT PROGRAM 	19
––-HEAD START/ELDERLY AND NEEDY PROGRAM FUNDS 	19
––-SOUTHEASTERN AREA DETOXIFICATION FUNDS 	19
PART VIII.––-NATURAL AND ECONOMIC RESOURCES 	20
––-NC AGRICULTURAL FINANCE AUTHORITY 	20
––-WESTERN NORTH CAROLINA AGRICULTURAL CENTER/LAND PURCHASE 	20
––-INSTITUTE OF STATISTICAL SCIENCES MATCHING FUNDS 	20
––-I-95 WELCOME CENTER 	21
––-NORTH CAROLINA ZOO 	21
––-COMMUNITY DEVELOPMENT CORPORATIONS FUNDS 	21
––-WATER RESOURCES DEVELOPMENT PROJECTS 	21
––-TRANSFER OF TRAVEL AND TOURISM FUNDS 	22
PART IX.––-MISCELLANEOUS PROVISIONS 	23
––-EXECUTIVE BUDGET ACT APPLIES 	23
––-COMMITTEE REPORT 	23
––-MOST TEXT APPLIES ONLY TO 1990-91 	23
––-1989-90 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY 	23
––-EFFECT OF HEADINGS 	23
––-SEVERABILITY CLAUSE 	24
––-EFFECTIVE DATE 	24

PART I.––-GENERAL FUND APPROPRIATIONS

––-CAPITAL IMPROVEMENTS/AMOUNTS DELAYED OR REVERTED
Sec. 2.  (a) The Governor, acting pursuant to Article III, Section 5(3), of the Constitution to effect the necessary economies in State expenditures to balance the budget for the 1989-91 fiscal biennium, has placed all or part of the funds appropriated by the General Assembly for the projects set out on the following chart on a "delayed”status or reverted them.
The appropriations of funds in the amounts set out in the chart in the column headed "Amount Delayed or Reverted”are hereby repealed.
Appropriations are made from the General Fund for the 1990-91 fiscal year for use by State departments, institutions, and agencies for capital improvement projects, to replace the amounts delayed or reverted by the Governor and repealed herein by the General Assembly, according to the column headed "1990-91 Appropriation”in the following schedule:

	Amount Delayed	1990-91
Agency/Project	or Reverted	Appropriation

Department of Administration

(Total)	$ 28,002,480	$ 21,253,955

1.	Museum of Art - Landscaping	700,000	-     

2.	Education Building - Furnishings	1,407,980	-     

3.	New Steam Plant - Government
Complex	6,594,500	6,594,500

4.	Reserve for Asbestos Removal	750,000	-     

5.	New Revenue Building	18,000,000	14,159,455

6.	Veterans Cemetery Funds	400,000	400,000

7.	Indian Cultural Center - Planning	150,000	100,000

Department of Agriculture

(Total)	10,162,994	8,789,394

1.	Watercraft Museum	499,700	499,700

2.	Western North Carolina 
Agricultural Center - Land	350,000	350,000

3.	Mountain Research Station -
Building	140,000	-     

4.	Southeastern Farmers Market	1,500,000	1,500,000

5.	New Agronomics Lab	6,852,694	6,439,694

6.	Garden Center Building -
Charlotte	320,600	-     

7.	Piedmont Triad Market	500,000	-     

Board of Governors - University
of North Carolina

(Total)	63,451,300	45,354,257

1.	1987 University-wide Construction	2,855,678	2,855,678

2.	1987 Advance Planning	350,000	350,000

3.	1988 Major Renovations and Repairs	4,865,660	4,793,242

4.	1988 Utilities Repairs and
Improvements	1,692,000	1,598,657

5.	1988 Land Acquisition	689,920	689,920

6.	1988 University-wide Construction	5,352,932	5,062,150

7.	1988 Mitchell 4-H Camp - Repairs	214,000	214,000

8.	1988 UNC - Asheville -
Conference Center	2,200,000	2,200,000

9.	1988 North Carolina Arboretum	1,062,810	1,062,810

10.	N. C. State University -
a.	Engineering Graduate Center	6,000,000	3,000,000
b.	Centennial Center	2,000,000	-     

11.	East Carolina University -
a.	Joyner Library Addition	6,000,000	2,000,000
b.	Center for Regional Advancement	1,000,000	-      

12.	University of North Carolina at
Chapel Hill -
a.	School of Business	6,500,000	2,500,000
b.	Social Work Building	4,140,500	2,500,000

13.	UNC - Asheville -
a.	Conference Center	2,000,000	2,000,000
b.	Conference Center	2,000,000	-      

14.	Fayetteville State University -
Health/Physical Educ. Building	8,677,800	8,677,800

15.	Appalachian State University -
a.	Student Activities Center	2,000,000	2,000,000
b.	Academic Support Building	500,000	500,000

16.	N. C. Arboretum	1,250,000	1,250,000

17.	Board of Governors - Land	1,000,000	1,000,000

18.	Area Health Education Centers -
Construction Grants	1,100,000	1,100,000

Department of Community Colleges

(Total)	6,000,000	2,905,000

1.	Anson Community College/Stanly
Community College - Union Satellite	900,000	-     

2.	Cape Fear Community College -
Classroom	500,000	-     

3.	Craven Community College -
Student Activity Center	750,000	-     

4.	Fayetteville Technical Community
College - Center for Applied
Technology - Equipment	899,952	899,952

5.	Isothermal Community College -
Fine Arts Center	320,000	-     

6.	Johnston Community College -
Renovate Library	90,000	90,000

7.	Pitt Community College -
Vocational Building	28,577	28,577

8.	Roanoke-Chowan Community College -
Technology/Small Business Center	368,645	368,645

9.	Rockingham Community College -
Lab/Classroom Building	1,032,826	407,826

10.	Wake Technical Community College -
Health Education Building	1,110,000	1,110,000

Department of Correction

(Total)	1,955,600	1,955,600

1.	Reserve for Repairs - Statewide	347,800	347,800

2.	Wastewater and Water System
Improvements	133,400	133,400

3.	Plumbing Repairs at 51 Units	517,600	517,600

4.	Substance Abuse Facility
(Correctional Center for Women)	62,800	62,800

5.	DWI Treatment Facility (Goldsboro)	894,000	894,000

Department of Cultural Resources

(Total)	950,000	-     

1.	Ziegler House - Renovation	400,000	-     

2.	C. H. Brown State Historic Site -
Improvements	400,000	-     

3.	Spencer Shops - Round House
Renovations	150,000	-     

Department of Economic and
Community Development

(Total)	7,000,000	1,000,000

1.	Biotechnology Center -
Construction Grant	1,000,000	1,000,000

2.	State Ports Authority - Expansion,
Modernization, and Development	2,844,043	-     

3.	State Ports Authority Development
a.	Morehead City Port	2,130,263	-     
b.	Wilmington Port	1,025,694	-     

Department of Environment, Health,
and Natural Resources

(Total)	9,550,000	7,700,000

1.	State Park System - Repairs and
Renovations/Improvements	2,000,000	1,000,000

2.	State Park System - Land
Purchases	400,000	-     

3.	Headquarters - Forest Resources
County Headquarters - Beaufort,
Rutherford, and Cumberland Counties	900,000	450,000

4.	North Carolina Zoological Park -
North American Phase	6,250,000	6,250,000

Department of Justice

(Total)	18,508,000	-     

1.	State Bureau of Investigation
Complex	18,508,000	-     

NC Solid Waste Mgt Capital Projects
Financing Agency

(Total)	5,000,000	1,000,000

1.	Solid Waste Revolving Fund	5,000,000	1,000,000

Office of State Budget and Management

(Total)	52,736,698	41,660,094

1.	Clean Water and Sewer Program	11,000,000	8,500,000

2.	Emergency Prison Construction
Program	27,160,094	27,160,094

3.	Low-Level Radioactive Waste Site
Selection	6,000,000	6,000,000

4.	Satellite Jail/Work Release
Units	8,576,604	-     

GRAND TOTAL	$203,317,072	$131,618,300

(b) Except where expressly repealed or amended by this act, the provisions of law relating to the capital projects set out in subsection (a) of this section,
(1)	Are not affected by language in subsection (a) repealing the amounts appropriated and appropriating new funds for the projects and
(2)	Apply to the funds appropriated in subsection (a).

––-ADDITIONAL APPROPRIATIONS FOR CAPITAL PROJECTS
Sec. 3.  Appropriations are made from the General Fund for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule:

Agency/Project	1990-91

Department of Administration
(Total)	$ 1,590,000

1.	New Museum of Natural Science - Planning	90,000
2.	SIPS Building - Complete Electrical/
HVAC RENOVATIONS	1,500,000

Department of Agriculture

1.	Southeastern Farmers' Market -
Wastewater Treatment Facility	140,000

Board of Governors - University of North Carolina

1.	Board of Governors - Land Acquisition	500,000

Department of Crime Control and Public Safety

1.	Construction of Armories at Clinton
and Goldsboro
Total Requirements	5,409,300
Federal Matching	3,941,500
Local Matching	733,900
State Matching	733,900

Department of Economic and Community Development

(Total)	2,900,000

1.	State Ports Development - Long Range Planning	100,000

2.	National Institute of Statistical Sciences
(Research Triangle Park)	2,500,000
3.	I-95 Welcome Center - Northampton County	300,000

Department of Environment, Health, and
Natural Resources

(Total)	1,684,532

1.	Shellfish Sanitation Lab Facility,
Wilmington	284,532

	 2.	Reserve for Water Resources -
Federal Matching	1,400,000

Department of Human Resources

1.	Murdoch Center - Renovate Parkview Cottage	1,400,000

Department of Justice

1.	Justice Academy - Classroom Building	2,000,000

Office of State Budget and Management

(Total)	13,093,872

1.	Reserve for Repairs and Renovations	5,543,872

2.	Clean Water Program - Federal Match	7,550,000

GRAND TOTAL 	$ 24,042,304

This section shall become effective only if the Director of the Budget certifies that adequate nonrecurring revenue is available to support these expenditures and that adequate revenue is otherwise available to meet budgeted expenditures.  The Director of the Budget may consult with the Advisory Budget Commission prior to making this certification.

––-NONRECURRING OPERATING APPROPRIATIONS
Sec. 4.  Appropriations from the General Fund of the State 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, 1991, according to the schedule that follows.  The amounts set out in the schedule are in addition to other appropriations from the General Fund for these purposes for the 1990-91 fiscal year.  Amounts set out in brackets are reductions from General Fund appropriations for the 1990-91 fiscal year.

Current Operations - General Fund	 1990-91

Department of Community Colleges

1.	Equipment and Book Purchases	$7,000,000

GRAND TOTAL	$7,000,000

––-NONRECURRING STATE AID APPROPRIATIONS
Sec. 5.  Appropriations from the General Fund of the State to State departments, institutions, and agencies for aid to certain governmental and nongovernmental units as enumerated are made for the fiscal year ending June 30, 1991, according to the following schedule:

Project	1990-91

Department of Economic and
Community Development

(Total)	$3,150,000

1.	Industrial Economic Development
Fund		1,500,000

2.	North Carolina Housing Trust Fund	1,000,000

3.	Rural Economic Development Center, Inc. -
Grants to Community Development Corporations
incorporated under Chapter 55A of the General
Statutes		650,000

Department of Human Resources

1.	HUD Group Homes - For start-up
and operational costs of 15 group homes
for the developmentally disabled and 2 group
homes and 2 apartment projects for the mentally
ill as approved in the 1989 Section 202
allocation by the U. S. Department of Housing
and Urban Development	1,525,978

Department of Environment, Health, and
Natural Resources

(Total)	150,000

1.	United Cerebral Palsy Group Homes
and Developmental Centers	100,000

2.	Rural Water Association, Inc. -
Grant-in-Aid for operations	50,000

GRAND TOTAL	$4,825,978

––-CURRENT OPERATIONS/RECURRING EXPENSES
Sec. 6.  Appropriations from the General Fund of the State for maintenance of State departments, institutions, and agencies, and for other purposes as enumerated are made for the fiscal year ending June 30, 1991, according to the schedule that follows.  The amounts set out in the schedule are in addition to other appropriations from the General Fund for these purposes for the 1990-91 fiscal year.  Amounts set out in brackets are reductions from General Fund appropriations for the 1990-91 fiscal year.

General Fund	1990-91

Department of State Auditor	$(137,161)

Department of State Treasurer	150,000

Department of Environment, Health, and
Natural Resources	900,000

Department of Public Education	5,000,000

Department of Revenue	1,252,678

Department of Agriculture	200,000

GRAND TOTAL	$7,365,517

PART II.––-HIGHWAY FUND

––-CAPITAL IMPROVEMENTS
Sec. 7.  Appropriations are made from the Highway Fund for use of the Department of Transportation to provide for capital improvement projects according to the following schedule:

Agency/Project	1990-91

Division of Highways

1.	Salt Storage Facilities	$696,437

2.	Division of Highways Roof Replacements	226,150

3.	Land Acquisition and Sub-Maint.-Jonas Ridge	177,300

4.	Division Office Annex-Ahoskie	400,000

5.	Division Office Annex-Greenville	360,000

6.	Site Completion-Taylorsville	359,700

7.	Central Warehouse Expansion-Raleigh	226,225

8.	Miscellaneous Repairs, Supplemental-Durham	105,100

Division of Motor Vehicles

1.	Reserve for Repairs to Parking Lots	97,000

2.	Reserve for Roof Replacements	94,300

3.	Land purchase and building design-Asheville	70,000

GRAND TOTAL	$2,812,212

PART III.––-GENERAL PROVISIONS

Requested by:   Representative Diamont
––-PROJECTS ON DELAYED STATUS
Sec. 8.  Because adequate funds are not available for the 1990-91 fiscal year to meet all of the State's critical needs for capital projects and to appropriate funds for all projects that were placed on delayed status by the Governor, the General Assembly is unable to restore all of the funds for the projects or to meet other critical capital needs.  The General Assembly urges the Governor to give highest priority to funds for these projects when he prepares his proposed budget for the 1991-93 fiscal biennium.

Requested by:   Representative Holmes
––-SEQUESTRATION OF FUNDS/NON-STATE AGENCIES
Sec. 9.  The Governor is urged, when performing his constitutional duty to balance the State budget, to consider sequestering State funds appropriated to non-State entities.
The Governor is urged, when performing his constitutional duty to balance the State budget, not to sequester funds appropriated to the Local Tax Reimbursement Reserve.

Requested by:   Representative Diamont
––-REVERSION OF CLEAN WATER REVOLVING LOAN/GRANT PROGRAM
Sec. 10.  The balance of $133,592.20 remaining in the North Carolina Clean Water Revolving Loan and Grant Program-Administrative Account is reverted to the General Fund.

Requested by:   Representative Holmes
––-REVERSION/REMAINDER $120 MILLION WATER AND SEWER FUNDS
Sec. 11.  Notwithstanding any other provision of law, funds appropriated to the Office of State Budget and Management as a Reserve for Clean Water Program by Section 4 of Chapter 480, Session Laws of 1985, (as limited by Section 5.12 of that act, as amended) that have not been contractually obligated by May 31, 1991, shall revert to the General Fund.

Requested by:   Representative Holmes
––-REPAIR AND RENOVATION PROJECTS
Sec. 12.  Of the funds appropriated to the Office of State Budget and Management for the 1990-91 fiscal year for repair and renovation projects, the following funds may be allocated for the following purposes:
(1)	Up to $400,000 may be used for the Ziegler House for renovation; 
(2)	Up to $400,000 may be used for the C. H. Brown State Historic Site for improvements;
(3)	Up to $150,000 may be used for Spencer Shops for Round House renovation; and
(4)	Up to $400,000 may be used for Broughton Hospital for steam plant modifications.

Requested by:   Representative Jones
––-SBI LABORATORY PRIORITY
Sec. 13.  Because adequate funds are not available for the 1990-91 fiscal year to fund adequately the critically needed State Bureau of Investigation Laboratory, it is the intent of the General Assembly to give the capital funding of the State Bureau of Investigation Laboratory highest priority for funding for the 1991-93 fiscal biennium, if funds are available.

PART IV.––-GENERAL GOVERNMENT

Requested by:   Representative Holmes
––-INDIAN CULTURAL CENTER
Sec. 14.  Of the $100,000 appropriated to the Department of Administration for the 1990-91 fiscal year for the Indian Cultural Center, $75,000 shall be used for an environmental impact statement for Phase 1 of the project and $25,000 shall be a grant-in-aid to the North Carolina Indian Cultural Center, Inc., for operating expenses.  The Secretary of Administration shall conduct a study of the economic impact the Indian Cultural Center will have on the State in general and on the specific region in which the facility will be located.  The study shall reflect the economic impact at each phase of construction in addition to the economic impact upon completion of the approved master plan.

Requested by:   Representative Holmes
––-COMPETITIVE SINGLE-PRIME BIDS
Sec. 15.  G.S. 143-132(b) reads as rewritten:
"(b)	For purposes of contracts bid in the alternative between the separate prime and single-prime contracts, pursuant to G.S. 143-128(b), a bid submitted by a single-prime contractor shall constitute a competitive bid in each of the four subdivisions or branches of work listed in G.S. 143-128(a), and each full set of separate prime bids shall constitute a competitive single-prime bid in meeting the requirements of subsection (a) of this section."

Requested by:   Representatives Easterling, Hurley
––-VETERANS HOME STUDY COMMISSION
Sec. 16.  (a) The Veterans Home Study Commission is created.  The Commission shall consist of 10 members appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one member from his or her respective body of the legislature and from the North Carolina American Legion, the North Carolina Veterans of Foreign Wars, the North Carolina Disabled American Veterans, and the North Carolina American Veterans of World War II (AMVETS) from a list submitted to each of them from the governing body of each organization containing three recommendations for Commission membership.
(b) The Speaker of the House of Representatives shall designate one member of the Commission as cochairman and the President Pro Tempore of the Senate shall designate one member as cochairman.  The cochairmen shall call the initial meeting of the Commission. 
(c) The Commission shall study the construction of a State veterans home, the identification of a site for the home, and the operation, management, and ongoing costs for a State veterans home.  The Commission shall formulate funding recommendations to be made to the General Assembly that will fully implement a State veterans home program to serve adequately the veterans in North Carolina.  The Commission may assist the State in making an application to secure federal grant matching funds for the construction of a State veterans home, may visit veterans homes in other states, and may contract with consultants, architects, engineers, contractors, and other experts in the field of veteran home construction.
(d) The Commission shall submit a report of its findings and recommendations to the 1991 General Assembly.
(e) Upon the approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be paid by the Commission.  The Commission may employ professional staff as necessary to perform its duties.  The Commission may meet in the Legislative Building or the Legislative Office Building, upon the approval of the Legislative Services Commission.
(f) Members of the Commission shall be paid subsistence and travel allowances as follows:
(1) 	Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;
(2)	Commission members, if any, who are also officials or employees of the State at the rate established in G.S. 138-6; and
(3) 	All other Commission members at the rate established in G.S. 138-5.
(g) The Commission may be funded from funds available to the Legislative Services Commission for the 1990-91 fiscal year.

PART V.––-SALARIES AND BENEFITS

Requested by:   Representative Lineberry
––-LEO RETIREES/STATE HEALTH PLAN
Sec. 17.  (a) G.S. 135-40.2(a) reads as rewritten:
"(a)	The following persons are eligible for coverage under the Plan, on a noncontributory basis, subject to the provisions of G.S. 135-40.3:
(1)	All permanent full-time employees of an employing unit who meet the following conditions:
a.	Paid from general or special State funds, or
b.	Paid from non-State funds and in a group for which his or her employing unit has agreed to provide coverage.
	Employees of State agencies, departments, institutions, boards, and commissions not otherwise covered by the Plan who are employed in permanent job positions on a recurring basis and who work 30 or more hours per week for nine or more months per calendar year are covered by the provisions of this subdivision.
(1a)	Permanent hourly employees as defined in G.S. 126-5(c4) who work at least one-half of the workdays of each pay period.
(2)	Retired teachers, State employees, members of the General Assembly, and retired State law enforcement officers who retired under the Law Enforcement Officers' Retirement System prior to January 1, 1985.
(2a)	Surviving spouses of:
a.	Deceased retired employees, provided the death of the former plan member occurred prior to October 1, 1986; and
b.	Deceased teachers, State employees, and members of the General Assembly who are receiving a survivor's alternate benefit under any of the State-supported retirement programs, provided the death of the former plan member occurred prior to October 1, 1986.
(3)	Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 1020, s. 29(b), effective January 1, 1988.
(3a)	Employees of the General Assembly, not otherwise covered by this section, as determined by the Legislative Services Commission, except for legislative interns and pages.
(4)	Members of the General Assembly."
(b)	This section shall become effective the first day of the calendar month following ratification of this act, and applies to coverage in accordance with the provisions of G.S. 135-40.3.

Requested by:   Representative Flaherty
––-SHERIFFS' SUPPLEMENTAL PENSION FUND
Sec. 18.  (a)	G.S. 143-166.84 reads as rewritten:
"§ 143-166.84. Eligibility.
(a)	Each county sheriff who has retired from the Local Governmental Employees' Retirement System or an equivalent locally sponsored plan on and before June 30, 1986, and who has attained the age of 55 years and who has completed at least 10 years of eligible service as sheriff is entitled to receive a monthly pension under this Article, beginning July 1, 1986.
(a1)	Each county sheriff who withdrew any service standing to his credit in the Local Governmental Employees' Retirement System prior to July 1, 1986, and who has attained the age of 55 and who has completed at least 10 years of eligible service as sheriff is entitled to receive a monthly pension under this Article provided the sheriff is not eligible to receive any retirement benefit from any State or locally sponsored plan.
(b)	Each eligible retired Sheriff as defined in subsection (a) of this section relating to age, service, and retirement status on January 1 of each calendar year shall be entitled to receive a monthly pension under this Article beginning with the month of January of the same calendar year."
(b)	G.S. 143-166.85 reads as rewritten:
"§ 143-166.85. Benefits.
	(a) An eligible retired sheriff shall be entitled to and receive an annual pension benefit, payable in equal monthly installments, equal to one share for each full year of eligible service as sheriff multiplied by his total number of years of eligible service. The amount of each share shall be determined by dividing the total number of years of eligible service for all eligible retired sheriffs on December 31 of each calendar year into the amount to be disbursed as monthly pension payments in accordance with the provisions of G.S., 143-166.83(b). In no event however shall a monthly pension under this Article exceed an amount, which when added to a retired allowance at retirement from the Local Governmental Employees' Retirement System or an equivalent locally sponsored plan or to the amount he would have been eligible to receive if service had not been forfeited by the withdrawal of accumulated contributions, is greater than seventy-five percent (75%) of a sheriff's equivalent annual salary immediately preceding retirement computed on the latest monthly base rate, to a maximum amount of one thousand dollars ($1,000).
(b)	All monthly pensions payable under this Article shall be paid on the last business day of each month.
(c)	Monthly pensions payable under this Article will cease at the death of the pensioner and no payment will be made to any beneficiaries or to the decedent's estate.
(d)	Monthly pensions payable under this Article will cease upon the full-time reemployment of a pensioner with an employer participating in the Local Governmental Employees' Retirement System for as long as the pensioner is so reemployed.
(e)	Pensions paid under the provisions of this Article shall be exempt from North Carolina income tax.
(f)	Nothing contained in this Article shall preclude or in any way  affect the benefits that a pensioner may be entitled to from any state, federal or private pension, retirement or other deferred compensation plan."
(c)	This section shall become effective August 1, 1990.

PART VI.––-EDUCATION

Requested by:   Representative Holmes
––-UNC ENGINEERING GRADUATE RESEARCH CENTER FUNDS
Sec. 19.  Notwithstanding any other provisions of law, funds appropriated for the 1990-91 fiscal year to the Board of Governors of The University of North Carolina for the Engineering Graduate Research Center at North Carolina State University may be released as needed for site preparation and infrastructure for this facility on North Carolina State University's Centennial Campus.

Requested by:   Representatives B. Ethridge, Chapin
––-RESIDENTIAL SUMMER PROGRAMS FUNDS
Sec. 20.  Of the funds appropriated to the Board of Governors of The University of North Carolina for the 1990-91 fiscal year, the sum of $50,000 shall be used for the Residential Summer Programs at East Carolina University and Western Carolina University.

Requested by:   Representative Diamont
––-SCHOOL ADMINISTRATOR SALARY SCHEDULE
Sec. 21.  (a) Section 38(a1) of Chapter 752 of the 1989 Session Laws is repealed.
(b) Section 38(a2) of Chapter 752 of the 1989 Session Laws reads as rewritten:
"(a2)	Superintendents, Assistant Superintendents, Associate Superintendents, Supervisors, Directors, Coordinators, Evaluators, Program Administrators, Principals, and Assistant Principals–1990-91.  The Director of the Budget may transfer from the salary increase reserve fund created in Section 3 of this act for fiscal year 1990-91 funds necessary to provide an average annual salary increase of six percent (6%), including funds for the employer's retirement and Social Security contributions, commencing July 1, 1990, for all superintendents, assistant superintendents, associate superintendents, supervisors, directors, coordinators, evaluators, program administrators, principals, and assistant principals whose salaries are supported from the State's General Fund.  These funds may not be used for any purpose other than for the salary increase and necessary employer contributions provided by this subsection."

Requested by:   Representative Chapin
––-YEAR-ROUND EDUCATION
Sec. 22. (a) The State Board of Education shall study the concept of year-round education and shall develop policies and procedures for local school administrative units that want to implement year-round education.  The State Board of Education shall report the results of its study and any policies and procedures it develops to the General Assembly prior to the convening of the 1991 General Assembly.
The State Board shall also develop a grant program for local school administrative units to use in planning for the implementation of year-round education.
(b) The Department of Public Instruction shall develop the ability to offer technical expertise to local school administrative units that want to implement year-round education.
(c) The Department of Public Education shall fund this study from funds available to it. 

Requested by:  Representative Diamont
––-PUBLIC SCHOOL TESTING FUNDS
Sec. 23.  Of the funds appropriated for aid to local school administrative units for the 1990-91 fiscal year, the State Board of Education may allocate $375,000 to the Department of Public Instruction to implement and administer end-of-course tests in physical sciences and English II (essay) and to develop end-of-grade tests for grades three through eight, necessary to implement the School Improvement and Accountability Act of 1989.

PART VII.––-HUMAN RESOURCES

Requested by:   Representative Diamont
––-PRESCRIPTION DRUG REIMBURSEMENT CHANGE
Sec. 24.  (a) Section 70(a)(6), of Chapter 500 of the 1989 Session Laws, as rewritten by Section 139(a) of Chapter 752 of the 1989 Session Laws of the 1989 Session Laws, reads as rewritten:
"(6)	Drugs - Drug costs as allowed by federal regulations plus four dollars forty-five cents ($4.45) professional services fee per month excluding refills for the same drug or generic equivalent during the same month.  Reimbursement shall be available for up to six prescriptions per recipient, per month, including refills.  Payments for drugs are subject to the provisions of subsection (g) of this section and to the provisions at the end of subsection (a) of this section, or in accordance with a plan adopted by the Department of Human Resources consistent with federal reimbursement regulations."
(b)	Effective upon the reduction of the estimated drug acquisition cost below the Average Wholesale Price, Section 70(a)(6) of Chapter 500 of the 1989 Session Laws, as rewritten by Section 139(a) of Chapter 752 of the 1989 Session Laws, and as further rewritten by subsection (a) of this section, reads as rewritten:
"(6)	Drugs - Drug costs as allowed by federal regulations plus five dollars ten cents ($5.10) professional services fee per month excluding refills for the same drug or generic equivalent during the same month.  Reimbursement shall be available for up to six prescriptions per recipient, per month, including refills.  Payments for drugs are subject to the provisions of subsection (g) of this section and to the provisions at the end of subsection (a) of this section, or in accordance with a plan adopted by the Department of Human Resources consistent with federal reimbursement regulations."
(c) Section 139(b) of Chapter 752 of the 1989 Session Laws is repealed.
(d) Subsections (a), (b), and (c) of this section shall become effective only if the Department identifies funds available to it sufficient to implement the increases established pursuant to these subsections.

Requested by:  Representative H. Hunter
––-AREA MENTAL HEALTH PILOT PROGRAM
Sec. 25.  The Secretary of Human Resources may designate as a pilot program one area mental health, developmental disabilities, and substance abuse authority to be covered by the provisions of G.S. 160A-20 as if it were a county.  The area authority so designated may borrow an amount not to exceed $100,000 as part of the transaction.  No transaction may be entered into under this section after July 1, 1991.  In applying this section, the Secretary shall use criteria to choose the area authority based on its readiness to proceed, and based on the ability of the proposal to provide separation of a partial hospitalization program and a psychosocial program for severely and persistently mentally ill clients.

Requested by:   Representative B. Ethridge
––-HEAD START/ELDERLY AND NEEDY PROGRAM FUNDS
Sec. 26. Of the funds appropriated in Section 7 of the Current Operations Appropriations Act of 1990 under the Social Services Block Grant for day care services, the sum of $200,000 shall be allocated to the Department of Human Resources, Division of Economic Opportunity, for the continuation of Head Start programs and services for children eligible for these programs and services, and for the continuation of the services to the elderly and needy funded in Section 47 of Chapter 754 of the 1989 Session Laws.

Requested by:  Representative Redwine
––-SOUTHEASTERN AREA DETOXIFICATION FUNDS
Sec. 27. Of the funds appropriated to the Department of Human Resources, Developmental Disabilities, and Substance Abuse Services, for the 1990-91 fiscal year, for implementation of the North Carolina Drug Cabinet programs, the sum of $158,280 shall be allocated to the Southeastern Center for Mental Health, Developmental Disabilities, and Substance Abuse Services for its nonhospital, medical detoxification and treatment program.

PART VIII.––-NATURAL AND ECONOMIC RESOURCES

Requested by:   Representative Redwine
––-NC AGRICULTURAL FINANCE AUTHORITY
Sec. 28.  (a) Section 109 of Chapter 500 of the 1989 Session Laws is repealed, except that such repeal reenacts Chapter 122D of the General Statutes only as provided by subsection (b) of this section.
(b) Chapter 122D of the General Statutes is reenacted, with the exception of G.S. 122D-6(12), 122D-6(15), 122D-10, 122D-12, 122D-14, 122D-15, and 122D-17.
	(c) G.S. 120-123(47) is reenacted.
(d) The amendment made to G.S. 53-234(6)(d) by Section 109(f) of Chapter 500, Session Laws of 1989, is repealed.
(e) Of the funds that were in the Reserve for Farm Loans on June 30, 1990, a sum not to exceed $204,627 may be reallocated to the North Carolina Agricultural Finance Authority for the 1990-91 fiscal year for the administration of Chapter 122D of the General Statutes, notwithstanding any provision of law to the contrary.

Requested by:   Representative Holmes
––-WESTERN NORTH CAROLINA AGRICULTURAL CENTER/LAND PURCHASE
Sec. 29.  Funds appropriated to the Department of Agriculture for the 1990-91 fiscal year for the purchase of land for the Western North Carolina Agricultural Center shall not be used to purchase land at more than its appraised value.  Any of these funds not expended for this purpose by June 30, 1991, shall revert to the General Fund.

Requested by:   Representative Holmes
––-INSTITUTE OF STATISTICAL SCIENCES MATCHING FUNDS
Sec. 30.  Funds appropriated for the 1990-91 fiscal year to the Department of Economic and Community Development for the Institute of Statistical Sciences, which is presently considering North Carolina as the host site for the location of a facility to house its program, shall be disbursed only if North Carolina is chosen as the host site and are subject to a match on the basis of one State dollar for one non-State dollar.  If North Carolina is not chosen as the host site by September 30, 1990, the funds appropriated shall revert to the General Fund.
No State funds shall be disbursed until the design or construction contracts are awarded for the Institute's facility.

Requested by:   Representative Holmes
––-I-95 WELCOME CENTER
Sec. 31.  Funds appropriated for the 1990-91 fiscal year to the Department of Economic and Community Development for the I-95 Welcome Center to be located in Northampton County shall be used to provide the ten percent (10%) required match for federal funds.  No State funds shall be expended until the federal funds are secured.

Requested by:   Representative Holmes
––-NORTH CAROLINA ZOO
Sec. 32.  Funds appropriated to the Department of Environment, Health, and Natural Resources for the North American Phase of the North Carolina Zoological Park shall be matched on the basis of one dollar of non-State funds for every four dollars of State funds.

Requested by:   Representative Diamont
––-COMMUNITY DEVELOPMENT CORPORATIONS FUNDS
Sec. 33. (a)	Of the funds appropriated to the Department of Economic and Community Development for the 1990-91 fiscal year for the Rural Economic Development Center, Inc., the sum of $650,000 shall be used for grants to be disbursed to community development corporations which are incorporated under Chapter 55A of the General Statutes and which currently serve minority and underdeveloped communities.
(b)	The Rural Economic Development Center, Inc., shall make a written report by May 1, 1991, to the General Assembly on the use of the funds appropriated under subsection (a) of this section.
(c)	No funds allocated under subsection (a) of this section shall be used for administrative expenses of the Rural Economic Development Center, Inc., and any interest earned on unexpended funds shall be used for grants pursuant to subsection (a) of this section.

Requested by:   Representative Diamont
––-WATER RESOURCES DEVELOPMENT PROJECTS
Sec. 34.  (a)	Of the funds appropriated to the Department of Environment, Health, and Natural Resources for the 1990-91 fiscal year, the sum of $1,400,000 shall be used for water resources development projects.  The Department shall fund the following projects, whose estimated costs are as indicated:
(1)	Morehead City Harbor
		Maintenance Dredging	$  50,000
(2)	Beaufort Harbor
		Maintenance Dredging	80,000
(3)	Lower Creek (City of Lenoir)
		Flood Control	169,000
(4)	Aquatic Weed Control Projects	37,000
(5)	Carolina Beach Renourishment	800,000
(6)	State/Local Water
		Development Projects	233,000
(7)	Wilmington Harbor Passing
		Lane Study	18,000
(8)	Wilmington Harbor Turns
		and Bends Study	13,000
(9)	Corps of Engineers Feasibility
Studies	as funds are available.
(b)	Where the actual costs are different from the estimated costs under subsection (a) of this section, the Department may adjust the allocations among projects as needed.  If any projects listed in subsection (a) of this section are delayed and the budgeted State funds cannot be used during the 1990-91 fiscal year, or if the projects listed in subsection (a) are accomplished at a lower cost, the Department may use the resulting fund availability to fund:
(1)	Corps of Engineers project feasibility studies, or
(2)	Corps of Engineers projects whose schedules have advanced and require State matching funds in fiscal year 1990-91.
Funds not expended or encumbered for these purposes shall revert to the General Fund at the end of the 1991-92 fiscal year. 
(c)	Beginning October 1, 1990, the Department shall make quarterly reports on the use of these funds to the Joint Legislative Commission on Governmental Operations, the Director of the Fiscal Research Division, and the Office of State Budget and Management.  Each report shall include:
(1)	All projects listed in subsection (a) of this section;
(2)	The estimated cost of each project;
(3)	The date work on each project began or is expected to begin;
(4)	The date work on each project was completed or is expected to be completed; and
(5)	The actual cost of each project.
The quarterly reports shall also show those projects advanced in schedule, those projects delayed in schedule, and an estimate of the amount of funds expected to revert to the General Fund.

Requested by:   Representatives B. Ethridge, Redwine
––-TRANSFER OF TRAVEL AND TOURISM FUNDS
Sec. 35.  The Department of Economic and Community Development may transfer up to $176,000 of the funds appropriated for the 1990-91 fiscal year for promotional advertising in the Division of Travel and Tourism to establish and maintain two positions for direct marketing and one position for media development.

PART IX.––-MISCELLANEOUS PROVISIONS

Requested by:   Representative Diamont
––-EXECUTIVE BUDGET ACT APPLIES
Sec. 36.  The provisions of the Executive Budget Act, Chapter 143, Article 1 of the General Statutes are reenacted and shall remain in full force and effect and are incorporated in this act by reference.

Requested by:   Representative Diamont
––-COMMITTEE REPORT
Sec. 37.  The July 17, 1990, Report of the House Appropriations Committee which was distributed in the House of Representatives and used to explain this act, shall indicate action by the General Assembly on this act and shall therefore be used to construe this act, as provided in G.S. 143-15 of the Executive Budget Act, and for such purposes shall be considered a part of this act.

Requested by:   Representative Diamont
––-MOST TEXT APPLIES ONLY TO 1990-91
Sec. 38.  Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1990-91 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1990-91 fiscal year.

Requested by:   Representative Diamont
––-1989-90 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY
Sec. 39.  Except where expressly repealed or amended by this act, the provisions of Chapters 500, 752, 754, 795, and 799 of the 1989 Session Laws, as amended, and The Current Operations Appropriations Act of 1990, as amended, remain in effect.
Sec. 40.  Notwithstanding any modifications by this act in the amounts appropriated, except where expressly repealed or amended, the limitations and directions for the 1990-91 fiscal year in Chapters 500, 752, 754, 795, and 799 of the 1989 Session Laws, as amended, and The Current Operations Appropriations Act of 1990, as amended, that applied to appropriations to particular agencies or for particular purposes apply to the newly enacted appropriations and budget reductions of this act for those same particular purposes.

Requested by:   Representative Diamont
––-EFFECT OF HEADINGS
Sec. 41.  The headings to the parts and sections of this act are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.

Requested by:   Representative Diamont
––-SEVERABILITY CLAUSE
Sec. 42.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.

Requested by:   Representative Diamont
––-EFFECTIVE DATE
Sec. 43.  Except as otherwise provided, this act shall become effective July 1, 1990.