GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1091

Short Title:  Licensing Board/Budget Act.	(Public)
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Sponsors: Representatives Mavretic; and Bowman.
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Referred to:  State Government.
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO SPECIFY THAT ALL OCCUPATIONAL LICENSING BOARDS ARE SUBJECT TO THE EXECUTIVE BUDGET ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-1 reads as rewritten:
"§ 143-1. Scope and definitions.
This Article shall be known, and may be cited, as 'The Executive Budget Act.'  Whenever the word 'Director' is used herein, it shall be construed to mean 'Director of the Budget.' Whenever the word 'Commission' is used herein, it shall be construed to mean 'Advisory Budget Commission,' if the context shows that it is used with reference to any power or duty belonging to the Office of State Budget and Management and to be performed by it, but it shall mean when used otherwise any State agency, and any other agency, person or commission by whatever name called, including any occupational licensing board as defined in G.S. 93B-1, that uses or expends or receives any State funds. 'State funds' are hereby defined to mean any and all moneys appropriated by the General Assembly of North Carolina, or moneys collected or received by or for the State, or any agency thereof, including any occupational licensing board as defined in G.S. 93B-1, pursuant to the authority granted in any State law."
Sec. 2.  G.S. 143-2 reads as rewritten:
"§ 143-2. Purposes.
It is the purpose of this Article to vest in the Governor of the State a direct and effective supervision of all agencies, institutions, departments, bureaus, boards, commissions, and every State agency by whatsoever name now or hereafter called, including the same power and supervision over such private corporations and persons and organizations of all kinds that may receive, pursuant to statute,  any funds either appropriated by, or collected for, the State of North Carolina, or any of its departments, boards, divisions, agencies, institutions and commissions; for the efficient and economical administration of all agencies, institutions, departments, bureaus, boards, commissions, persons or corporations that receive or use State funds; and for the initiation and preparation of a balanced budget of any and all revenues and expenditures for each session of the General Assembly.
The Governor shall be ex officio Director of the Budget. The purpose of this Article is to include within the powers of the Office  of State Budget and Management all agencies, institutions, departments, bureaus, boards, and commissions of the State of North Carolina under whatever name now or hereafter known, and the change of the name of such agencies hereafter shall not affect or lessen the powers and duties of the Office of State Budget and Management in respect thereto.
The test as to whether an institution, department, agency, board, commission, or corporation or person is included within the purpose and powers and duties of the Director of the Budget shall be whether such agency or person receives for use, or expends, any of the funds of the State of North Carolina, including funds appropriated by the General Assembly and funds arising from the collection of fees, taxes, donations appropriative, or otherwise.  Occupational licensing boards as defined in G.S. 93B-1 are included within the purpose and powers and duties of the Director of the Budget."
Sec. 3. G.S. 93B-4 reads as rewritten:
"§ 93B-4. Operation and oversight of occupational licensing boards.
Occupational licensing boards are subject to Article 1, Chapter 143 of the General Statutes, the Executive Budget Act.  All fees or other funds collected or received by an occupational licensing board shall be deposited with the State Treasurer who shall place the funds in one or more special funds reserved for the use of the depositing board.  The funds deposited under this section shall be expended under the supervision of the Director of the Budget exclusively for carrying out the statutorily authorized functions of the depositing board.  Occupational licensing boards shall not make any expenditure in excess of the amount available in their respective accounts. The financial records of occupational licensing boards shall be subject to an annual audit, supervised by the State Auditor, and paid for with funds of the board audited.
The books, records, and operations of each occupational licensing board shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
The cost of all audits shall be paid from funds of the occupational licensing board audited."
Sec. 4.  G.S. 147-69.3(b) reads as rewritten:
"(b)	Any official, board, commission, other public authority, local  government, school administrative unit, local ABC board, or community college of the State having custody of any funds not required by law to be deposited with and invested by the State Treasurer may deposit all or any portion of such funds with the State Treasurer for investment in one of the investment programs established pursuant to this section, subject to any provisions of law with respect to eligible investments.   In the absence of specific statutory provisions to the contrary, any such funds may be invested in accordance with the provisions of G.S. 147-69.2 and 147-69.3. Upon request from any depositor eligible under this subsection, the State Treasurer may authorize moneys invested pursuant to this subsection to be withdrawn by warrant on the State Treasurer."
Sec. 5.  G.S. 147-77 reads as rewritten:
"§ 147-77. Daily deposit of funds to credit of Treasurer.
All funds belonging to the State of North Carolina, in the hands of any head of any department of the State which collects revenue for the State in any form whatsoever, and every institution, agency, occupational licensing board as defined in G.S. 93B-1, officer, employee, or representative of the State or any agency, department, division or commission thereof, except officers and the clerks of the Supreme Court and Court of Appeals, collecting or receiving any funds or money belonging to the State of North Carolina, shall daily deposit the same in some bank, or trust company, selected or designated by the State Treasurer, in the name of the State Treasurer, at noon, or as near thereto as may be, and shall report the same daily to said Treasurer: Provided that the State Treasurer may authorize exemptions from the provisions of this section so long as funds are deposited and reported pursuant to the provisions of this section at least once a week and, in addition, so long as funds are deposited and reported pursuant to the provisions of this section whenever as much as two hundred fifty dollars ($250.00) has been collected and received: Provided, that the Treasurer may refund the amount of any bad checks which have been returned to the department by the Treasurer when the same have not been collected after 30 days' trial."
Sec. 6.  G.S. 83A-3(b) reads as rewritten:
"(b)	All funds received by the Board under the provisions of this Chapter shall be deposited by the treasurer or such other officer or staff employee in accordance with G.S. 93B-4.  All expenses incurred by the Board shall be paid out of funds derived from examination, licensing, renewal or other fees herein provided and shall be paid by the treasurer upon vouchers drawn by the secretary and approved by the president. The Board shall have the power to determine necessary expenses, and to fix the compensation for board employees and for professional services. The State of North Carolina shall not be liable for the compensation of any Board members or officers. Payment of expenses and salaries pursuant to administration of this Chapter may not exceed available funds of the Board. All Board receipts and disbursements shall be subject to audit and accounting procedures established by G.S. 93B-4."
Sec. 7.  G.S. 87-7 reads as rewritten:
"§ 87-7. Records of Board; disposition of funds.
The secretary-treasurer shall keep a record of the proceedings of the said Board and shall receive and account for all moneys derived from the operation of this Article in accordance with G.S. 93B-4. Any funds remaining in the account of the Board after the expenses of the Board for the current year have been paid shall be paid over to the Greater University of North Carolina for the use of the School of Engineering through the North Carolina Engineering Foundation. The Board has the right, however, to retain at least ten percent (10%) of the total expense it incurs for a year's operation to meet any emergency that may arise. As an expense of the Board, said Board is authorized to expend such funds as it deems necessary to provide retirement and disability compensation for its employees."
Sec. 8.  G.S. 87-42 reads as rewritten:
"§ 87-42. Duties and powers of Board.
In order to protect the life, health and property of the public, the State Board of Examiners of Electrical Contractors shall provide for the written examination of all applicants for certification as a qualified individual, as defined in G.S. 87-41.1. The Board shall receive all applications for certification as a qualified individual and all applications for licenses to be issued under this Article, shall examine all applicants to determine that each has met the requirements for certification and shall discharge all duties enumerated in this Article. Applicants for certification as a qualified individual must be at least 18 years of age and shall be required to demonstrate to the satisfaction of the Board their good character and adequate technical and practical knowledge concerning the safe and proper installation of electrical work and equipment. The examination to be given for this purpose shall include, but not be limited to, the appropriate provisions of the National Electrical Code as incorporated in the North Carolina State Building Code, the analysis of electrical plans and specifications, estimating of electrical installations, and the fundamentals of the installation of electrical work and equipment. Certification of qualified individuals shall be issued in the same classifications as provided in this Article for license classifications. The Board shall prescribe the standards of knowledge, experience and proficiency to be required of qualified individuals, which may vary for the various license classifications. The Board shall issue certifications and licenses to all applicants meeting the requirements of this Article and of the Board upon the receipt of the fees prescribed by G.S. 87-44. The Board shall have power to make rules and regulations necessary to the performance of its duties and for the effective implementation of the provisions of this Article.  The Board shall have the power to administer oaths and issue subpoenas requiring the attendance of persons and the production of papers and records before the Board in any hearing, investigation, or proceeding conducted by it.  Members of the Board's staff or the sheriff or other appropriate official of any county of this State shall serve all notices, subpoenas, and other papers given to them by the Chairman for service in the same manner as process issued by any court of record.  Any person who neglects or refuses to obey a subpoena issued by the Board shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned in the discretion of the court. The Board shall keep minutes of all its proceedings and shall keep an accurate record of receipts and disbursements which shall be audited at the close of each fiscal year in accordance with Chapter 93B of the General Statutes."
Sec. 9.  G.S. 87-45 reads as rewritten:
"§ 87-45. Funds.
The fees collected for examinations and licenses under this Article shall be used for the expenses of the State Board of Examiners of Electrical Contractors in carrying out the provisions of this Article. No expenses of the Board or compensation of any member or employee of the Board shall be payable out of the General Fund of the State treasury; and neither the Board nor any member or employee thereof shall have any power or authority to make or incur any expense, debt or other financial obligation binding upon the State except in accordance with G.S. 93B-4.  Any funds remaining in the account of the Board after all expenses of the Board for the current fiscal year have been fully provided for shall be paid over to the North Carolina Engineering Foundation, Inc., for the benefit of the electrical engineering department of the Greater University of North Carolina. Provided, however, the Board shall have the right to maintain an amount, the cumulative total of which shall not exceed twenty percent (20%) of gross receipts for the previous fiscal year of its operation as a maximum contingency or emergency fund."
Sec. 10.  G.S. 87-63 reads as rewritten:
"§ 87-63. License fees payable in advance; application of.
All license fees shall be paid in advance as hereafter provided to the secretary and treasurer of the Board and held in accordance with G.S. 93B-4 as a fund for the use of the Board. The compensation and expenses of the members of the Board as herein provided, the salaries of its employees, and all expenses incurred in the discharge of its duties under this Article shall be paid out of such fund: Provided, upon the payment of the necessary expenses of the Board as herein set out, and the retention by it of twenty-five per centum (25%) of the balance of funds collected hereunder the residue, if any, shall be paid to the State Treasurer."
Sec. 11.  G.S. 88A-7 reads as rewritten:
"§ 88A-7.  Custody and use of funds.
The Treasurer or the Executive Director shall deposit all fees payable to the Board in accordance with G.S. 93B-4.  The funds shall be deposited in the name of the Board and shall be used to pay all expenses incurred by the Board in carrying out the purposes of this Chapter.  The Board is subject to the oversight of the State Auditor under Article 5A of Chapter 147 of the General Statutes."
Sec. 12.  G.S. 89B-7 reads as rewritten:
"§ 89B-7. Receipts and disbursements.
The secretary of the Board shall receive and account for all moneys derived under " this Chapter in accordance with G.S. 93B-4.  Funds received by the Board shall be expended to carry out the purposes of the Board. The secretary of the Board shall  give surety bond to the Board in such sum as the Board may determine, the premium of which shall be regarded as a proper expense of the Board and shall be paid from Board funds.
The Board may employ and fix the compensation of necessary clerical and other assistants. The compensation of such assistants shall be paid out of Board funds."
Sec. 13.  G.S. 89C-11 reads as rewritten:
"§ 89C-11. Secretary; duties and liabilities; expenditures.
The secretary of the Board shall receive and account for all moneys derived from the operation of the Board as provided in this Chapter, and shall deposit them in " in accordance with G.S. 93B-4.  All expenses certified by the Board as properly and necessarily incurred in the discharge of its duties, including authorized compensation, shall be paid out of Board funds, provided that the total expenses shall not exceed the total amount of funds accumulated under this Chapter. The secretary of the Board shall give a surety bond satisfactory to the State Board of Registration for Professional Engineers and Land Surveyors, conditioned upon the faithful performance of his duties. The premium on said bond shall be regarded as a proper and necessary expense of the Board. The secretary of the Board may delegate to the executive secretary certain routine duties, such as receipt and disbursement of funds in stated amounts by a written authorization, which has the unanimous approval of the Board."
Sec. 14.  G.S. 89E-5(e) reads as rewritten:
"(e)	The Board may authorize expenditures deemed necessary to carry out the provisions of this Chapter and all expenses shall be paid upon the warrant of the Board treasurer.  The Board treasurer shall deposit funds received by the Board in accordance with G.S. 93B-4.  In no event may expenditures exceed the revenues of the Board during any fiscal year.  The Board is authorized and empowered to utilize the services of the Purchase and Contract Division of the Department of Administration for the procurement of personal property, in accordance with Article 3 of Chapter 143 of the General Statutes."
Sec. 15.  G.S. 90-15 reads as rewritten:
"§ 90-15. License fee; salaries, fees, and expenses of Board.
Each applicant for a license by examination shall pay to the treasurer of the Board of Medical Examiners of the State of North Carolina a fee which shall be prescribed by said Board in an amount not exceeding the sum of four hundred dollars ($400.00) plus the cost of test materials before being admitted to the examination. Whenever any license is granted without examination, as authorized in G.S. 90-13, the applicant shall pay to the treasurer of the Board a fee in an amount to be prescribed by the Board not in excess of two hundred fifty dollars ($250.00). Whenever a limited license is granted as provided in G.S. 90-12, the applicant shall pay to the treasurer of the Board a fee not to exceed one hundred fifty dollars ($150.00), except where a limited license to practice in a medical education and training program approved by the Board for the purpose of education or training is granted, the applicant shall pay a fee of twenty-five dollars ($25.00). A fee of twenty-five dollars ($25.00) shall be paid for the issuance of a duplicate license. All fees shall be paid in advance to the treasurer of the Board of Medical Examiners of the State of North Carolina, to be held in accordance with G.S. 93B-4 as a fund for the use of said Board. The compensation and expenses of the members and officers of the said Board and all expenses proper and necessary in the opinion of the Board to the discharge of its duties under and to enforce the laws regulating the practice of medicine or surgery shall be paid out of said fund, upon the warrant of the said Board and all expenses proper and necessary in the opinion of the officers and members of said Board shall be fixed by the Board but shall not exceed one hundred dollars ($100.00) per day per member for time spent in the performance and discharge of his duties as a member of said Board, and reimbursement for travel and other necessary expenses incurred in the performance of his duties as a member of said Board. Any unexpended sum or sums of money remaining in the treasury of said Board at the expiration of the terms of office of the members thereof shall be paid over to their successors in office.
For the initial and annual registration of an assistant to a physician, the Board may require the payment of a fee not to exceed a  reasonable amount."
Sec. 16.  G.S. 90-133 reads as rewritten:
"§ 90-133. Fees; salaries; payment of expenses.
All fees shall be paid in advance to the treasurer of the Board, to be held in accordance with G.S. 93B-4 as a fund for the use of the State Board of Osteopathic Examination and Registration. The compensation and expenses of the members and officers of said Board, and all expenses proper and necessary, in the opinion of said Board, to discharge its duties under and to enforce the law, shall be paid out of such fund, upon the warrant of the president and secretary of said Board, and no expense shall be created to exceed the income of fees or fines as herein provided. The salaries shall be fixed by the Board, but shall not exceed ten dollars ($10.00) per day per member, and railroad and hotel expenses."
Sec. 17.  G.S. 90-171.25 reads as rewritten:
"§ 90-171.25. Custody and use of funds.
The executive director shall deposit in accordance with G.S. 93B-4, all fees payable to the Board. The funds shall be deposited in the name of the Board and shall be used to pay all expenses incurred by the Board in carrying out the purposes of this Article. Such funds shall be annually audited by the State Auditor."
Sec. 18.  G.S. 90-178.4(d) reads as rewritten:
"(d)	All fees collected on behalf of the joint subcommittee and all  receipts of every kind and nature, as well as the compensation paid the members of the joint subcommittee and the necessary expenses incurred by them in the performance of the duties imposed upon them, shall be reported annually to the State Treasurer. All fees and other moneys received by the joint subcommittee pursuant to the provisions of the General Statutes shall be kept in a separate fund in accordance with G.S. 93B-4, to be held and expended only for such purposes as are proper and necessary to the discharge of the duties of the joint subcommittee and to enforce the provisions of this Article. No expense incurred by the joint subcommittee shall be charged against the General Fund of the State."
Sec. 19.  G.S. 90C-7 reads as rewritten:
"§ 90C-7. Executive Director.
The Executive Director shall deposit all fees payable to the Board in accordance with G.S. 93B-4.  The funds shall be deposited in the name of the Board and shall be used to pay all expenses incurred by the Board in carrying out the purposes of this Chapter. The Board shall be audited annually by the State Auditor."
Sec. 20.  G.S. 93-12(14) reads as rewritten:
"(14)	All fees collected on behalf of the Board and all receipts of every kind and nature, as well as the compensation paid the members of the Board and the necessary expenses incurred by them in the performance of the duties imposed upon them, shall be reported annually to the State Treasurer. All fees and other moneys received by the Board pursuant to the provisions of the General Statutes shall be kept in a separate fund in accordance with G.S. 93B-4, to be held and expended only for such purposes as are proper and necessary to the discharge of the duties of the Board and to enforce the provisions of this Chapter. No expense incurred by the Board shall be charged against the State."
Sec. 21.  This act is effective upon ratification and applies beginning with fiscal year 1992-93, provided that occupational licensing boards that already operate under the provisions of the Executive Budget Act are not removed from coverage of that Act between the date this act is ratified and July 1, 1992.